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8.2. SR 06-17-2019Request for Action To Item Number Mayor and City Council 8.2 Agenda Section Meeting Date Prepared by General BusinessJune 17, 2019 Zack Carlton, Planning Manager Item Description Reviewed by Hilltop Woods Estates Second Addition, 20655 Peter Beck, City Attorney Victoria Drive Reviewed by ■ Easement Vacation Cal Portner, City Administrator ■ Simple Plat Action Requested Review the plat of Hilltop Woods Estates Second Addition and direct staff to prepare a resolution approving or denying the plat for the July 1, 2019, City Council meeting. Postpone action on the easement vacation until July 1, 2019. Background/Discussion Case No. P 19-08 On June 3, 2019, the City Council reviewed a request by Linda Schultz for approval of an easement vacation and the plat of Hilltop Woods Estates Second Addition. Multiple residents spoke in opposition to the plat citing concerns with traffic, arguing that previous action by the Planning Commission and the original Development Agreement prohibit Council approval of the plat. At staff's suggestion, the Council directed staff to prepare a resolution denying the plat due to violation of the maximum length of a cul-de-sac. Staff and the city attorney reviewed the information submitted during the meeting, including the 1993 Development Agreement for Hilltop Woods Estates, the Planning Commission Minutes from 2001, and the city approvals for the 1993 plat of Hilltop Woods Estates. The review found the length of the existing cul-de- sac was approved by variance (V 92-008) in 1993. The current applicant is not proposing to extend the existing cul-de-sac to serve the one additional lot created with the plat. Therefore, staff has concluded that the plat cannot be denied on grounds that the cul-de-sac length will exceed the maximum length allowed under ordinance. The city attorney reviewed the Development Agreement and has determined that the document language should be considered when reviewing the plat, but that the city is not obligated to deny the plat on that condition alone. The agreement also is not a city, county, or regional plan that would violate standard number two when considering approval of a plat. Additionally, review of the conditions for variance approval (V 92-008) and the plat of Hilltop Woods (P 93- 03), there is no Council -approved condition limiting future development at the end of the cul-de-sac. The Planning Commission minutes from 2001 discuss an application for an 11 -lot cluster subdivision on the property currently proposed to be split from one to two lots. The Commission recommended denial The Elk River Vision A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,` 01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAMIRE1 of the 11 -lot subdivision because of the of the cul-de-sac extension, violation of the cluster ordinance criteria, and the existence of the Development Agreement. The city attorney's comments from that meeting also note that the Development Agreement does not obligate the city to deny the plat. The applicant for the project discussed during that meeting withdrew the application and there is no City Council action for the request. The current application is to split the property into two lots without extending the cul-de-sac. Right-of- way will be dedicated to provide access for future development, but the city has not recommended construction of the road. In light of the new information, staff has determined that the current request cannot be denied for violating the maximum cul-de-sac length as the current length was approved with a variance, and the proposed plat does not extend the road to service the one (1) additional lot as access is provided from the existing road surface. Staff reviewed the conditions for approval of the plat, and continues to maintain a recommendation to approve the plat as all standards for approval of the plat appear to be satisfied. The applicant has also attempted to hire a land use attorney to review the Development Agreement, but has had trouble finding an attorney on short notice. She has requested additional time to allow her to hire an attorney for the review — request attached. Park and Recreation Commission The Park and Rec Commission reviewed the request on June 12, 2019, and recommends park dedication be paid for one (1) lot. Financial Impact None Statutory Review Period Per State Statute, the required 120 -day review period for the plat ends on September 13, 2019, and the 60 - day review period for the easement vacation ends on July 15, 2019. The review period for the easement vacation may be extended to reflect the 120 -day review period for the plat. Attachments ■ City Council Packet dated June 3, 2019 ■ Planning Commission Packet and Minutes dated March 23, 1993 ■ City Council Packet and Minutes dated May 17, 1993 ■ Development Agreement dated July 13, 1993 ■ Planning Commission Staff Report and Minutes dated July 24, 2001 ■ Plat of Hilltop Woods Second Addition ■ Applicant's Request to postpone action dated June 12, 2019 N:APublic Bodies\Agenda Packets\06-17-2019\Final\8.2 sr Hilltop Woods.docx Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearinj 3, 2019 Zack Carlton, Planning Manager Item Description Reviewed by Hilltop Woods Estates Second Addition — 20655 Chris Leeseber , Senior Planner Victoria Drive NW Reviewed by ■ Easement Vacation Cal Portner, City Administrator ■ Plat of Hilltop Woods Estates Second Addition Action Requested Adopt, by motion, a resolution vacating all existing drainage and utility easements on Lot 4, Block 1, Hilltop Woods Estates, with the following condition: 1. City Council approval of the plat of Hilltop Woods Second Addition 2. The resolution must be recorded with Sherburne County at the same time the plat of Hilltop Woods Second Addition is recorded. Open the public hearing, receive public comments, close the public hearing and continue to the June 17, 2019, Council meeting where staff will bring formal approval of the plat of Hilltop Woods Second Addition forward on the consent agenda. Background/Discussion Case Nos. EV 19-02 & P 19-08 • The applicant proposes to split their 20.16 -acre property at 20655 Victoria Drive into two lots. One lot will include the existing residence, and the second lot will be platted as a buildable parcel. a ✓? R The City Council discussed future road connections as part of this subdivision during their May 6, 2019, meeting and supported Hwy 10 n dedication of public right-of-way to facilitate future development to include access to the north and half (30 feet) of the right-of-way for an east -west street connection which would add a second means if ingress/egress for future development in the area. The property is zoned R -1a where the minimum lot size is 2.5 acres and both lots have been designed to allow further subdivision based on the minimum lot size. If right-of-way is required for means of access to a future parcel(s) on Lot 1, Block 2, the City Council has stated their support for a variance to allow parcels below the current Figure I minimum lot size. The Elk River Vision CR 33 CR iz 11 A avelcoMing community with revolutionary and spirited resourcefulness, exceptional p o w E n E D s r service, and community engagement that encourages and inspires prosperity;, g /� UR As part of the proposed subdivision, the applicant also requested a vacation of all existing drainage and utility easements on the parcel. New easements, consistent with the standard dedication requirements for residential parcels, will be dedicated with the plat of Hilltop Woods Estates Second Addition. Park Dedication The Park and Recreation Commission will review the plat on June 12, 2019, and staff will incorporate their recommendation into the resolution approving the plat on June 17, 2019. Applicable Regulation Plat approval may only be ordered if the following findings have been made, as outlined in Section 30-375: 7. The proposed subdivision is consistent with the honing regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the honing regulations and this article. The property is zoned R1 -a (single-family residential) and the proposed subdivision is consistent with the current design standards. 2. The proposed subdivision is consistent with all applicable general and speciali.Zed cio, county, and regional plans, including, but not limited to, the city's comprehensive development plan. It does not conflict with any city, county, or regional plans, including the Comprehensive Plan. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding and drainage are suitable for the type and density of development and uses contemplated. The site is suitable for the existing and proposed residential structures. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required in this article. The subdivision has adequate provision for all required facilities. 5. The proposed subdivision will not cause substantial environmental damage. The proposal will not cause substantial environmental damage. 6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. If the easement vacation (EV 19-02) is approved, it will not conflict with easements of record or with easements established by judgment of a court. 7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. The proposed subdivision includes right-of-way dedication for roadway connections to facilitate future development of surrounding vacant land. S. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. All of the above services or improvements will be connected or constructed as part of the development. N:\Public Bodies\Agenda Packets\06-03-2019\Fina1\7.3 sr Hilltop Woods.docx If denial of the plat should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-375. Financial Impact None Attachments ■ Location Map ■ Plat of Hilltop Woods Second Addition ■ Easement Vacation Resolution ■ May 6, 2019, City Council Minutes N:\Public Bodies\Agenda Packets\06-03-2019\Fina1\7.3 sr Hilltop Woods.docx ;1 .' - 1. m v"i � A w r -p- -- All lip fUlto Estates Second Plat and Eqseiiietit"Vacation Case No.- P 19-08 E E. *VN� EV 19-02 HILLTOP WOODS ESTATES SECOND ADDITION BNOW ALL PERSONS BY MESE —EN.: mot rn ovnx d thn rolroxing d—d propMy situatne in the County or sh—d Stot6 xa: 0! Minmsoto, to Lot 4. Block I. HILLTOP WOODS ESTATES. SMr0u1ne County. Minnesota. curreyee one Plat- os NII1MP 111t(W ESTATE SEfANM ADOIIpN ane goes handy end M Cly or Elk River for Pudllc uen rorever tan P.— xay os groin on 1ma plot. And also eedicaenp to the Cey of Elk m'vm for Pudic — lomm 1M easements as moxa on ttnv qq for drmmge oM utildy P.M.. only. In •ilness —1- mid — ,has Mrcunld set ___ MM 1ma d.y l esoto (PRntee N me) N CDantY er 3 88.61'03' mis i -t ids ddkndxlmgee Mrorn me mis _ear I zo_, by ---------------- R PUBLIC ROAD ROAD x y Camndnion E, Co Y, mnemta Mi; m t n unrryrccm one pottm th r directly supe ;ixaed' to ging ane plattk,g of- Ione m the plat os N11W 1100 t ESTATES SEfON0 Sued. 11$ Pcdt os Y N oa �menlalion dllt, C Mundary survry; t IOMs and voter Ooundonea and ere Y orc yhtiyigcnetednd IOEeleE let; a a Ninneso roietM d or I he date of m Mificotion, a xe .11 P.- x xn a as definm n to Statutes n ------ ---- t- Licmae N. Stale Nmxe as Cdunty dl wngnt me 1P,nP,g Surveyorl CMdicate vos acknovlmged Mrorc me mis doy Pf 20 0y ____________. Land Surrcyor, Ninnmota Licmm No. APPravee ane dcce,- by tM Ely C.— dl me City M Ek, River, Sh-- Cdunty, Minneseto, e1 a mn 9 Mle Innd.y 1 Att Mrmy Fy t— Pieper mdnriee Pf hnn has sem Prmmtnd td and nsomi y .and I —I, eppreve t 's pot os to lomr ane nmveon t y x ver y henry %,.— to SheNume County P'ef — Num m 0 I hercdy —ify that Na pat s edea mm a ane opp.—.das to cwglianc6 nth CMpnr 6O6,d06, xmneega Statutes 1. ay Pf — y urvryor MrsEy —tiny I— pdyaxe in M yedr m Inns nein encrTed ars pale M lull, ane lhme ere no dMrpunnt tads, and — trdmfm sea mlerm tM1is d.y Pf ]tL_. otory PuNiC County. Minnesota My Commission ExPirm VICINITY MAP SECTION 18. T. 33, R. 26. SHERBURNE COUNTY. MN (NO SCALE) F-21 AVE. N T11MA JE 3 211TH 11, N.N. s S SITE d,(P Bv.v F. $$ �5 r, LOT 1 U „fig' j LOT I BLOCK 1 j BLOCK 2 Inr n U� U I \ \ z�l \ \\ -----------------w i /l l A /I \L /� I � � I�i —T -N 818.00'08` B TVI=L/�Cvvvkf �_�� _ �I��_F'T > el�411, 0 IW Z00 J00 GRAPHIC STALE IN FEET 1 INCH = 100 FEET FOR THE PURPOSES OF IRIS PLAT. ME SOUTH LINE CF ME SOUTHEAST WARIER OFTHE SDUMMEST QUARTER OF SECTION IB, 1 33.R 26 IS ASSUMED TO BEAR NORTH B9TW'06" EAST. LVaMd9e andu Y ae mem Inas mien Stt 5 nag St m .dj.., dI a I"'. hef Ih m , and yn a egad- - r es os mom m In mol. dAP® SERVOCE8 City of Elk River City Council Resolution 19- A Resolution of the City Council of the City of Elk River Vacating Existing Drainage and Utility Easements on Lot 4, Block 1, Hilltop Woods Estates WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks' published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Elk River city Council conducted a hearing to consider the vacation of the easement legally described on the attached Exhibit "A" ("Easements"); and WHEREAS, vacation of the Easements are appropriate as the parcel is being subdivided and new easements will be dedicated with the recording of the plat; and WHEREAS, the public hearing was held on June 3, 2019, before the City Council of the City of Elk River on such request after the required published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing; and WHEREAS, it is in the public interest to vacate said Easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The Easement legally described on the attached Exhibit A is hereby vacated. 2. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor and County Recorder/Registrar of Titles in accordance with the terms of this Resolution. Passed and adopted this 3rd day of June 2019. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk � A n EASEMENT VACATION EXHIBIT _ LOCATED IN THE PLAT OF HILLTOP WOODS ESTATES CITY OF ELK RIVER, SHERBURNE COUNTY, MN LJ V �u41 SER'1% 0 200 400 600 GRAPHIC SCALE IN FEET EASEMENTS TO BE VACATED Vacate all those drainage and utility easements dedicated in HILLTOP WOODS ESTATES, according to the recorded plot thereof, Sherburne County, Minnesota, lying within Lot 4, Block 1 of said HILLTOP WOODS ESTATES. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a Licensed DATE: 05/ 13/ 1 9 Land Surveyor under the laws of the State DRAWN BY: AAN of Minnesota. FILE NO. 17166 Date 05/13/19 G._✓U _ Trace C. McCoy License No. 44531 �At4D ��a/tc�ES 708 1 ST AVENUE NE, U 1 BUFFALO, MN 55313 PH. 763.682.1781 WWW.MEVERROHLIN.COM 5 I I r� I DRAINAGE AND UTILITY--- EASEMENT DEDICATED IN THE PLAT OF HILLTOP WOODS ESTATES TO BE VACATED I L- I n \ \ \ A \ \ V V U \ Q \ \ Y \ J � \ ` o y, \ v --DRAINAGE AND UTILITY EASEMENT DEDICATED IN THE PLAT OF HILLTOP WOODS ESTATES TO BE VACATED 1 5-- I V I L_ A- A V/-\ LL I J i City Council Minutes May b, 2019 Recognition of the Tom Bovitz Memorial Scholarship Award winner. Financial Audit Reports. Performance Compensation Incentive. Library ■ Circulation is up. The change in hours was discussed. ■ Discussed the marketing aspects of getting programs out. ■ There is an influx of younger families. Arena ■ Updates from RJM Construction and 292 Design Group. ■ Year-end financials for the arena. Page 7 Council recessed at 8:47 p.m. in order to go into work session. Council reconvened at 8:14 p.m. 10.1 Energy City Commission Interviews Council interviewed applicants for the Energy City Commission. Moved by Councilmember Wagner and seconded by Councilmember Christianson to appoint Amy Lord to the Energy City Commission with a tenon expiration of February 28, 2020. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to appoint Alec Plaisted to the Energy City Commission with a term expiration of February 28, 2022. Motion carried 5-0. 10.2 Concept Review: Hilltop Woods Estate Second Addition Mr. Carlton presented the staff report. Linda Schultz, owner of the property at 20655 Victoria Drive, was present. She outlined the dilernma of dividing the right side of the property into four lots since the acreage would be slightly less than the allowable amount if a portion of the property was given for a tight -of -way. Mr. Carlton stated a variance could be done to allow the lots that are less than the required acres. Or, the property could be subdivided into three lots instead of four. Mayor Dietz asked if something could be put into the documents to allow the four lots in the future when it is developed. The applicant should not be penalized for giving land up for the right-of-way. Mr. Schultz explained the property would be worth more with four lots instead of three. NPO AT E DTI1U1R � i City Council Minutes May G, 2019 Page 8 Coundimember Westgaard asked if it could be put in the public record that the council would be okay with granting four lots minimum.. In the long term it is good to look at having aright -of -way. Mr. Carlton stated language could be added to a resolution. 10.3 Outdoor Ice Rink at Spectrum High School Mr. Hecker presented the staff report. Dick Peterson, Athletic Director/Facilities and Dan DeBruyn, Executive Director of Spectrum High School were present. The proposal would eliminate the ice rink at Kliever Lake Fields Park and add an ice rink to the Spectrum High School property. One of the price considerations is locating dasher boards for constructing the rink. Mayor Dietz asked what would happen to the dasher boards at the. Barn ice rink once it was demolished. Councilmember Westgaard stated often contractors get whatever they can salvage for resale in trade for their demolition bid. Mr. Czech agreed whoever was awarded the bid to demolish the building would take the existing boards and they could not be repurposed for this proposed rink. Councilmember Westgaard asked if Kliever Lake Fields Park or Lion John Weicht Park rinks have dasher boards. Mr. Hecker responded that Lion John Weicht Park has end boards and lights. Mayor Dietz clarified the proposal was that the city would provide the money for the boards. Spectrum High School would provide the lights and access to their warming house. With an approximate 60-70 days of the year the rink may be used, the city would not get a lot of benefit out of spending $50-60,000. Mayor Dietz was in favor of sending the proposal back to the Parks and Recreation Commission. Since there are limited Park Dedication funds, the commission could decide if this is where they would like to spend their funding. Councilmember Wagner asked how many people per week use the Kliever Lake Fields Park. Mr. Hecker stated it was difficult to know resident usage but staff hours were about 180 hours for the season. la11EIII ii NATURE] UR APPT.TrANT ITEM 9 TO: PLANNING COMMISSION FROA: STEP.'rEA ROALF, BVILDIAG AAD ZOftIAG ADMINISTRATOR DATE: MARCH 19, 1993 SUBJECT: PRELIMINARY PLAT REVIEW AND ASSOCIATED VARIANCE FOR THE PLAT OF HILLTOP WOODS ESTATES BY DAVID GOW/PUBLIC HEARING, CASE NO.P 93-03 David and Kathy Gow, 20493 Meadowvale Road, Elk River. REQUESTED ACTION Preliminary plat review of Hilltop Woods Estates and associated variance on the length of a dead-end road. SITE ZONING R -la, single-family residential. • SURROUNDING ZONING R -la, single-family residential, all directions. LEGAL DESCRIPTION The southeast quarter of the southwest quarter of Section 18, Township 33, Range 26, Sherburne County, Minnesota. There is a map attached to this memo showing the affected property. 017PP17TPW Mr. Gow is proposing to subdivide a 40 acre parcel creating 6 lots served by private septic and well. The 6 lots use 17 acres of the 40 acre parcel. A future development plan for the remainder of the 40 acres is shown but this should not be considered a preliminary plat review of those future lots. Mr. Gow is also requesting a variance on the maximum length of a dead-end road to construct a 1,235 foot road. LOT SIZES The property is zoned R-la/single-family residential. The minimum lot size required is 2 1/2 acres exclusive of right-of-way; all of the lots meet this requirement. The minimum width requirement is 160 feet; Lot 3, Block 2 does not meet this requirement and should be adjusted. �M1�11111 11111111111 1 iijillilillli1111111111,1111111 V. W110,3111111,M]i P Plat, Hilltop Woods Estates Page 2 March 19, 1993 ----------------------------- The remaining undeveloped portion of the 40 acres could be labeled an outlot and deemed not buildable, however, staff believes Mr. Gow is proposing to construct his own home on this portion of the property, therefore, staff is recommending it be made a 7th platted lot that can be resubdivided in the future. CITY PROJECT Mr. Gow is proposing to have the public improvements associated with this plat be done as a City project. He has not yet petitioned the City, however, if he does, this petition would be considered at the same time the Council considers preliminary plat. Because this plat is not served by City sewer and water, the only public improvements would be the road and associated storm drainage. STREETS Attached is a memo from City Engineer, Terry Maurer, dated March 16, 1993. Mr. Maurer's comments regarding streets should be incorporated in the design of the road in this plat. Because this is proposed to be a City project, the City Engineer will be doing that design. The following are other comments regarding the road: a. Staff is recommending the name of the road in this plat be 0 Victoria Drive. We will explain whay at the meeting. b. The intersection of the road proposed with the plat and Meadowvale Road needs to line up with 205th Avenue. This intersection should also be squared up with Meadowvale Road as much as possible. This may require some realignment of 205th Avenue. The City is working with the County Engineer regarding this intersection. C. There is currently a house on this 40 acre parcel that would need to be removed for the construction of the road. d. A variance is required for the length of the road in this plat. Future easements from this road to adjacent properties should be considered. e. Mr. Maurer's memo comments on the availability of right-of-way from the plat boundary to Meadowvale Road. The road is situated in an easement from Mrs. Coates to the City of Elk River. Staff recommends the City Attorney review this easement. There are no wetlands associated with this 40 acre parcel. The proposed drainage easement to accommodate storm water from the plat is a depression, not a wetland. If that portion of the proposed drainage easement currently located outside of the P Plat, Hilltop Woods Estates Page 3 March 19, 1993 ----------------------------- plat boundaries remains outside of the plat boundaries, it cannot be dedicated through the platting process and a separate easement document will have to be secured. Mr. Maurer's other comments relating to drainage should be incorporated in the storm drainage plans for this plat. Staff is recommending trees removed for road or house construction of this plat, be removed immediately or have their roots severed from adjacent trees. Further, trees that are to remain are protected from mechanical damage by having their drip lines roped off. This area has a high incident of Oak Wilt and staff suggests the developer talk to the County Forester for suggestions on preventing it. PARK DEDICATION No park or trails have been identified within the plat boundaries by the City's Comprehensive Park System Plan. The Park and Recreation Commission will be considering this plat at their April 7, 1993, meeting. Most likely, park dedication fees of $400.00 per lot will be required. DEVELOPMENT PLAN Staff anticipates soil borings being needed to determine road design. A development plan for the construction of houses should also be based on these borings. Staff recommends this development plan is approved prior to final plat review. GUN CLUB One unusual concern with the development of this property is the Gun Club located to the immediate east of the site. Staff believes the pistol range faces north, which is the closest range to this plat. One possible suggestion to keep small children from wandering onto the Gun Club property is to fence off the east property lines within this plat. Staff is not giving a specific recommendation at this time, but feels this issue should be discussed. Representatives of the Gun Club will be at the Tuesday night meeting. VARIANCE Mr. Gow is requesting a variance to allow a dead-end road that is 1,235 feet in length. This road is proposed to be eliminated with future subdivisions of adjacent property. Mr. Gow has shown easements, which will accommodate the future extension of this road. Staff feels these easements are appropriately located. If this variance is approved, the Planning Commission will also need to consider whether the road surface ends as shown on the P Plat, Hilltop Woods Estates Page 4 March 19, 1993 ----------------------------- preliminary plat or is carried through to the north line of Lot 4, Block 2. The cul-de-sacs present location would restrict the driveway location on Lot 4. If the road is carried to the north line of Lot 4, the Planning Commission will need to consider how far the bituminous surface is constructed. Staff refers the Planning Commission to Section 900.40 of the Elk River Code of Ordinance for the 5 standards to consider when reviewing a variance. Staff also directs the Commission to the memo on the subject of dead-end roads included with this packet. If this variance is approved, staff recommends the following stipulations: 1. THE 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 PLANNING COMMISSION GIVE A SPECIFIC RECOMMENDATION ON HOW FAR THE DRIVING SURFACE OF THIS ROAD IS CONSTRUCTED IN THIS FIRST PHASE. Staff is recommending approval of the plat of Hilltop Woods Estates with the following conditions: 1. LOT 3, BLOCK 2, MEET THE CITY'S WIDTH REQUIREMENTS. 2. A PORTION OF THE 40 ACRE SITE NOT CURRENTLY INCLUDED WITHIN THE PLAT BOUNDARIES, IS MADE A LOT IN THIS CURRENT PLAT. 3. STREETS: a. TERRY MAURER'S COMMENTS ARE INCORPORATED IN THE DESIGN OF THE ROAD ASSOCIATED WITH THIS PLAT AND THAT MR. MAURER DOES THAT DESIGN (AS A CITY PROJECT). b. THE ROAD IN THIS PLAT IS NAMED VICTORIA DRIVE. c. A CONSTRUCTION PERMIT IS OBTAINED FROM THE COUNTY ENGINEERING DEPARTMENT AND THE CITY WORK WITH THE COUNTY ON THE ISSUE OF SQUARING UP THE INTERSECTION OF MEADOWVALE ROAD, VICTORIA DRIVE, AND 205TH AVENUE. d. 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. IF THAT PORTION OF THE DRAINAGE EASEMENT P Plat, Hilltop Woods Estates March 19, 1993 ----------------------------- Page 5 SHOWN ON THE PRELIMINARY PLAT REMAINS OUTSIDE OF THE PLAT BOUNDARIES, A SEPARATE DRAINAGE EASEMENT IS OBTAINED. 5. THE STUMPS REMOVED DURING CONSTRUCTION OF ROADS AND HOUSES ARE REMOVED IMMEDIATELY OR HAVE THEIR ROOTS SEVERED FROM ADJACENT TREES. THE DRIP LINE OF TREES REMAINING AFTER CONSTRUCTION ARE ROPED OFF TO PROTECT THEM FROM MECHANICAL DAMAGE. 6. PARK DEDICATION BE AS PER THE FORTHCOMING RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION. 7. A DEVELOPMENT PLAN BE APPROVED BY STAFF PRIOR TO FINAL PLAT REVIEW. 8. THE CONCERNS OF THE GUN CLUB BE CONSIDERED. 9. THIS PLAT IS CONTINGENT UPON A VARIANCE BEING GRANTED FOR THE LENGTH OF THE', ROAD. II. THE DEVELOPER REIMBURSE THE CITY FOR THE COST• REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. / . THE PUBLIC IMPROVEMENTS . • SECURED i LETTER OF CREDIT , .••• TO RECORDING ••, PLAT (Or" WHATEVER PERCENTAGE • • 12. THE IMPROVEMENTS IN THIS PLAT HAVE A COMPLETION DATE OF ONE YEAR FROM THE DATE OF COUNCIL FINAL PLAT APPROVAL. 13. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL. C 219TH 218TH *TM 216TH 0.4 ZISTM 214TM 213TH ZIZTM VITH 210TH 209TH T 207TH 206TH it f2 20 4TM 203RD 202NO ) rol,� ,\ ~ ZVO, A001 OOM 201ST r -O 200TH ( �/ �. y Oj6 3 199TH lot 0 October 19, 1992 Pam Robideau 20489 Meadowvale Road Gow Elk River, MN 55330 ",.-DAvid `------Frances H. Coates Steven Stoffers 12735 -239th Avenue 14092 Victoria Lane Zimmerman, MN 55398 Elk River, MN 55330 Dennis & Arleen Kramer Jerry & Joyce Jorgenson 20789 Meadowvale Road 14054 Victoria Lane Elk River, MN 55330 Elk River, MN 55330 Paul & Catherine Juenemann Gary Martin 20633 Meadowvale Road 7867 Oday Avenue Elk River, MN 55330 Elk River, MN 55330 St. Louis Park Sportsman Club Gregory Frank & J. Rauch 5533 France Avenue N. 14527 County Road 79 Minneapolis, MN 55429 Elk River, MN 55330 Steven & Tammy Pullar Mark & Kay Lee 20343 Meadowvale Road 20428 Meadowvale Road Elk River, MN 55330 Elk River, MN 55330 J. Wendorff 20460 Meadowvale Road David Gow 20493 Meadowvale Road Elk River, MN 55330 Elk River, MN 55330 Mark & Vicki Sivila Marilyn van Patten 20456 Meadowvale Road 12950 Meadowvale Road Elk River, MN 55330 Elk River, MN 55330 Mr. Dennis Chuba Mark & Wendy Grimmer 20455 Meadowvale Road 20460' Victoria Lane Elk River, MN 55330 Elk River, MN 55330 Thomas Nielsen, Jr. Ralph & Mary Jerzak 14129 Victoria Lane 14109 Victoria Lane Elk River, MN 55330 Elk River, MN 55330 Glen Bykkeren James & Carol Laduke 14071 Victoria Lane 14041 Victoria Lane Elk River, MN 55330 Elk River, MN 553330 Victor & Silvia Archambro Wililam & colleen Gass 14031 Victoria Lane 14021 Victoria Lane Elk River, MN 55330 Elk River, MN 55330 Michael J. Hiltner 20431 Meadowvale Road Elk River, MN 55330 0AR-1 7-'9? W E=- D 19 : I-- MAIER STEW ART P_ ASSOC. P - 0 rii0i��i March 16, 1993 File: 230-167-11 CONSULTING ENGINEERS Maier Stewart & Associates Inc. Mr. Steve Rohlf Building and Zoning Administrator City of Elk River 720 Dodge Avenue NW Elk River, MN 55330 Dear Mr. Rohlf. As requested, we have reviewed the submittal for Hilltop Woods Estates. Based on our review, we would offer the following comments: I The preliminary plat and grading and drainage plan were prepared by John Oliver and Associates, and were dated March 1l, 1993. 2. The plat Contains approximately 17 acres zoned Rla (single family residential). It is proposed to be divided into six lots. 3. The plat is outside of the City's urban service area; therefore, each lot will be served by on-site sewer facilities and individual wells. No soil borings were submitted. However, the area appears to have sufficient high ground to support the on-site sewer facilities. 4. The vertical and horizontal alignment of the road with County Roads 32 and 72 is very poor. The horizontal alignment needs to be reviewed with the County relative to the potential realignment of County Road 72 to create a more perpendicular intersection. The street grade approaching County Road 32 is relatively steep (5%). An effort should be made to provide a less steep "landing" area for stopping adjacent to County Road 32. 5. The street section shown is 30 feet wide with integral bituminous berm. The section needs to be widened to 32 feet to meet the City typical section. The street section is proposed with four inches of aggregate base and two inches of bituminous surfacing. It is recommended this be increased to a minimum of five inches of aggregate base and two 0 1 lifts of bituminous surfacing totalling at least three inches. 6. The proposed road construction ends short of the north plat boundary; however, the fight -of -way continues to the north end. Also, it is proposed to construct a gravel road bed for future road purposes to the north plat boundary. A full-sized 45 foot radius cut- 0 AR— 1 7-19---- WED Mr. Steve Rohlf March 16, 1993 Page Two 9: 1? MA I ER S-rEWART & ASSOC C. P- 0 S 7. Drainage from the street is shown running to a low point in the road where it is proposed to run off each side of the road, flow through a culvert, and then to a ponding area on Lot 2, block 1. We would recommend that catchbasins be required rather than letting the drainage flow off the side of the road. Also, drainage calculations need to be supplied to insure that the drainage easement is properly sized. It should be noted that a portion of the drainage easement shown on the preliminary plat is outside of the actual plat boundary, S. It is not clear whether or not there is a right-of-way available for the road from County Road 32 to the start of the plat. If you have any questions regarding any of these comments, please call. Sincerely, MATER STEWART & ASSOCIATES, INC. Terry J. Maurer, P.E. UZE, 167-1703,nur 0 Elk River Planning Commission Minutes Page 3 March 23, 1993 isreplied that there would be a ramp for the front entrance and the doorways would meet codes for handicap accessibility. Edward Cunninghan, Tescom Corporation, stated the State did not require handicap accessibility for a temporary structure, however, Tescom would make the structure handicap accessible. COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST FOR A TEMPORARY TRAILER BY TESCOM CORPORATION, CASE NO. CU 93-06, CITING THE SEVEN STANDARDS FOR A CONDITIONAL USE PERMIT AND STAFF'S MEMO DATED MARCH 10, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: 1. THE TRAILER BE ALLOWED ON THE TESCOM SITE ONLY AFTER THE BUILDING PERMIT FOR THE PERMANENT STRUCTURE HAS BEEN APPLIED FOR AND THE TRAILER BE REMOVED NO LATER THAN OCTOBER 31, 1993. 2. THE TRAILER MEETS THE APPLICABLE BUILDING CODE REGULATIONS. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 7. Consider a Conditional Use Permit Request For Commercial Recreation by Craig Otto/Public Hearing Stephen Rohlf, Building and Zoning Administrator, informed the Planning is Commissioner that the applicant, Craig Otto, requested this item be tabled until the April 27, 1993, meeting. Chairman Minton opened the public hearing and tabled this request to the April 27, 1993, meeting. COMMISSIONER SPOTTS MOVED TO TABLE A CONDITIONAL USE PERMIT REQUEST FOR COMMERCIAL RECREATION BY CRAIG OTTO, CASE NO. 93-07, TO THE APRIL 27, 1993, PLANNING COMMISSION MEETING. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 8. Consider a Request for an Ordinance Amendment, Section 900.30 (5)(c)(ii) "Roofing Standards" by John Weicht/Public Hearing Stephen Rohlf, Building and Zoning Administrator, explained that the applicant would be delayed and requested this item be delayed until later in the meeting. There was no discussion of this item and it was delayed until the applicant arrived. 9. Consider a Preliminary Plat and Associated Variance Request by David Gow/Public Hearing • Stephen Rohlf, Building and Zoning Administrator stated the applicants, David and Kathy Gow, are requesting preliminary plat review of Hilltop Woods Estates and associated variance on the length of a dead-end road. Mr. Gow is proposing to subdivide a 40 acre parcel Elk River Planning Commission Minutes Page 4 March 23, 1993 • creating 6 lots served by private septic and well. The 6 lots use 17 acres of the 40 acre parcel. Mr. Gow is also requesting a variance on the maximum length of a dead-end road to construct a 1,235 foot road. Lot 3, Block 2 does not meet the minimum width requirement and should be adjusted. Staff is recommending the remaining undeveloped portion of the 40 acres be made a 7th platted lot. The applicant is not proposing this plat as a City project. Mr. Rohlf briefed the Planning Commission regarding the memo from Terry Maurer, City Engineer and discussed items a -e from that memo. There are no wetlands associated with this parcel. Stephen Rohlf suggested Mr. Maurer's other comments from his memo be incorporated in the storm drainage plans for this plat. Staff recommended trees that will be removed for road or house construction, be removed immediately or have their roots severed from adjacent trees. Trees that are to remain are to be protected from mechanical damage by having their drip lines roped off. This area has a high incident of Oak Wilt and Mr. Rohlf suggested the developer talk to the County Forester. Staff anticipates soil boring being needed to determine road design. A development plan for the construction of houses should also be based on these borings, and this development plan be approved prior to final plat review. One unusual concern with this request is the Gun Club located to the immediate east of the site. Staff is not giving a recommendation at this time, but feels this issue should be discussed. Mr. Rohlf stated staff is recommending approval of the plat of Hilltop Woods Estates with the 13 stipulations • detailed in staff's memo dated March 19, 1993. Variance Mr. Gow is requesting a variance to allow a dead-end road that is 1,235 feet in length. This dead-end is proposed to be eliminated with future subdivisions of adjacent property and the road is extended. If this variance is approved, the Planning Commission will also need to consider whether the road surface ends as shown on the preliminary plat or is carried throughout to the north line of Lot 4, Block 2. Mr. Rohlf stated staff is recommending approval of this variance with the 3 stipulations detailed in staff's memo dated March 19, 1993. Chairman Minton opened the public hearing. Howard Johnson, 19184 Lincoln Street, responded regarding the safety of having a Gun Club next to a residential development. Further, he suggested the developer notify potential buyers of the existing Gun Club. David Gracik, 19201 Meadowvale Road, stated it should be the responsibility of the Gun Club to possible fence around the Club and/or post warning signs. Stephen Rohlf suggested that fencing or signing be a joint effort between Mr. Gow and the Gun Club. Mike Hiltner, 20431 Meadowvale Road, expressed his concern regarding • Oak Wilt in the area. Mr. Hiltner feels this is a major concern in this particular area and would like preventative measures discussed in more detail. Also, he suggested the developer be limited to when road construction can be done. Mr. Hiltner suggested staff research other Elk River Planning Commission Minutes March 23, 1993 Page 5 • solutions to this problem including consulting a certified tree inspector, and hold another public hearing to discuss this further. Chairman Minton questioned Mr. Gow as to how soon he would be planning on road construction. Mr. Gow replied he would like to be cooperative and try to prevent spreading Oak Wilt however, this is a development and he would like road construction to be as soon as possible. Commissioner Kreger suggested trees removed be dropped, removed and the holes filled immediately to prevent the spread of oaK Wilt. Cathy Juenemann, 20633 Meadowvale Road, discussed the safety issue regarding the intersection of 205th and County Road 32. Also, will an improvement be done and if so, who's land will be used for that improvement? Mr. Maurer responded. Paul Juenemann, 20633 Meadowvale Road, stated the applicant's land will be landlocked because he (Mr. Juenemann) does not intend to sell or develop his property. There being no further comments from the public, Chairman Minton closed the public hearing. Commissioner Eberley expressed her concerns regarding this preliminary • plat: drainage, safety & roads, gun club responsibility, oak wilt and tree protection, and the length of the dead-end road. Commissioner Eberley,suggested this request be tabled and the Planning Commission discuss it further. Commissioner Kreger replied that he felt each individual concern could be addressed and he would like to continue discussing it. Discussion ensued. Commissioner Tveite suggested more definite steps be taken regarding oak wilt. Commissioner Eberley questioned the easement issue. City Attorney Peter Beck responded. Commissioner Spotts suggested staff research other Cities regarding Gun Clubs and their responsibility. Commissioner Kreger stated he felt this request could be resolved at this meeting if the proper language is provided for all concerns. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT OF HILLTOP WOODS ESTATES BY DAVID GOW, CASE NO. P 93-03, CITING STAFF'S MEMO DATED MARCH 19, 1993, SUBJECT TO 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 OUTLOT OR AN ADDITIONAL BUILDABLE LOT. Elk River Planning Commission Minutes Page 6 March 23, 1993 • 3. STREETS: a. 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. b. THE ROAD IN THIS PLAT IS NAMED VICTORIA DRIVE. C. A CONSTRUCTION PERMIT IS OBTAINED FROM THE COUNTY ENGINEERING DEPARTMENT TO HAVE 205TH AVENUE CONNECT TO MEADOWVALE ROAD. d. 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 REMOVING THE TREES. ROOT SEVERING • SHOULD 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 AND AREA OF NO ACTIVITY PROTECT THE TREES FROM MECHANICAL DAMAGE. 6. PARK DEDICATION BE AS PER THE FORTHCOMING RECOMMENDATION FROM THE PARK AND RECREATION COMMISSION. 7. A DEVELOPMENT PLAN BASED ON SOIL BORINGS MUST BE APPROVED BY STAFF PRIOR TO FINAL PLAT APPROVAL. 8. THE CONCERNS OF THE GUN CLUB BE CONSIDERED. 9. THE DEVELOP THE CITY FOR THE COST OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. 10. 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. 11. THE IMPROVEMENTS IN THIS PLAT HAVE A COMPLETION DATE OF ONE YEAR FROM THE DATE OF COUNCIL FINAL PLAT APPROVAL. 012. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL. Elk River Planning Commission Minutes Page 7 March 23, 1993 • 13. NOTICE OF THE GUN CLUB EXISTENCE IS MADE OF RECORD SO THOSE PURCHASING LOTS ARE AWARE. 14. THE TEMPORARY CUL-DE-SAC IS EXTENDED TO THE NORTH END OF LOT 4, AND IS MADE FULL SIZE. THAT PORTION THAT FALLS OUTSIDE OF THE 60 FOOT RIGHT-OF-WAY IS SECURED BY TEMPORARY EASEMENTS THAT ARE AUTOMATICALLY RELEASED WHEN THE ROAD IS EXTENDED. 15. THIS PLAT IS CONTINGENT UPON A VARIANCE BEING GRANTED FOR THE ROAD IN THE PLAT. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-1, COMMISSIONER EBERLEY OPPOSED. For the record, Commissioner Eberley reiterated the areas of concern as previously stated. VARIANCE Chairman Minton opened the public hearing. Cathy Juenemann, 20633 Meadowvale Road, stated she opposed this development. There being no further comments from the public, Chairman Minton closed • the public hearing. COMMISSIONER TVEITE MOVED TO RECOMMEND APPROVAL OF THE VARIANCE ASSOCIATED WITH THE PRELIMINARY PLAT OF HILLTOP WOODS ESTATES BY DAVID GOW, CASE NO. V 92-008, CITING STAFF'S MEMO DATED MARCH 19, 1993, SUBJECT TO THE FOLLOWING STIPULATIONS: 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. 4. THE VARIANCE IS CONTINGENT UPON THE PLAT BEING APPROVED. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-1, COMMISSIONER EBERLEY OPPOSED. Commissioner Johnson requested staff to research and present an overall policy regarding tree protection. 10. Consider Preliminary Plat And Associated Conditional Use Permit Requests by Iry Moldenhauer/Public Hearing • Stephen Rohlf, Building and Zoning Administrator explained the applicant's request. Mr. Moldenhauer is requesting preliminary plat review of a plat consisting of 155 single family lots served by City t of I � River ITEM 7.6 TO: MAYOR AND CITY COUNCIL FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: MAY 12, 1993 S(Z SUBJECT: FINAL PLAT REVIEW OF THE PLAT OF HILLTOP WOODS ESTATES BY DAVID GOW/PUBLIC HEARING, CASE # P 93-03 The plat of Hilltop Woods Estates was originally proposed as seven, two and one-half acre lots. The plat has been adjusted as discussed at the Council meeting and now contains a total of eight lots. The following paragraphs will highlight the stipulations placed on preliminary plat during the Council's review and their status: 1. LOT 3, BLOCK 2, MEET CITY WIDTH REQUIREMENTS. The lot number has changed, however, all lots on the final plat meet the City requirements. 2. THE NORTHERN PORTION OF THE 40 ACRE SITE NOT • CURRENTLY INCLUDED WITHIN THE PLAT BOUNDARIES, IS MADE AN OUTLOT OR AN ADDITIONAL BUILDABLE LOT. That portion of the plat in now Lot 4, which Mr. Gow is proposing to build his own house on. 3. STREETS A. TERRY MAURER'S COMMENTS ARE INCORPORATED IN THE DESIGN OF THE ROAD AND THAT MR. MAURER REVIEWS AND APPROVES THE DESIGN OF THE STREETS AND INSPECTS THEM. The road has changed according to Mr. Maurer's comments (see attached letter from Mr. Maurer dated May 7, 1993). B. THE ROAD IN THIS PLAT IS NAMED VICTORIA DRIVE. Accomplished. C. A CONSTRUCTION PERMIT IS OBTAINED FROM THE COUNTY ENGINEERING DEPARTMENT TO HAVE 205TH AVENUE CONNECT TO MEADOWVALE ROAD. The developer and his contractor will have to coordinate with the County on this issue. D. THE CITY ATTORNEY VERIFY THE LEGITIMACY OF THE EASEMENT FROM MRS. COATES TO THE CITY. • Accomplished. 4. MR. MAURER'S COMMENTS REGARDING DRAINAGE ARE INCORPORATED IN THE DESIGN OF THE STORM SEWER FOR P.O. Box 490 • 13065 Orono Parkway 0 Elk River, MN 55330 0 (612) 441-7420 9 Fax: (612) 441-7425 0 .7 Hilltop Woods Estates, Final Plat May 12, 1993 --------------------------------- Page 2 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. Again, staff refers the Council to Mr. Maurer's letter dated May 7, 1993. The developer will have to coordinate with the County Engineering department regarding that portion of the drainage that flows towards County Road 32 and ultimately ends up in the ditch for that road. Further, catch basins should be required instead of spillways from the road in the plat. Staff is recommending that Mr. Maurer have final approval of these plans prior to the plat being recorded. 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. PRELIMINARY PLAT REVIEW REQUIRED $2,800 FOR SEVEN NEWLY CREATED LOTS. Paid prior to recording. 7. A DEVELOPMENT PLAN BASED ON SOIL BORINGS MUST BE APPROVED BY STAFF PRIOR TO FINAL PLAT APPROVAL. Staff has talked with the City Engineer and the developer's engineer regarding this. Staff feels comfortable that there is a buildable site on each of the eight lots in the plat. Soil borings and perc tests are a normal requirement of building permit issuance and staff feels comfortable if they take place at that time and not prior to final plat approval. N.0 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 25t OF THE U06T UY THE YUbLIC 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 FINAL PLAT APPROVAL. 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. Hilltop Woods Estates, Final Plat May 12, 1993 --------------------------------- Page 3 • As of the date of this memo, the bill for this has not been paid. Staff will update the Council at Monday night's meeting. 12. THE TEMPORARY CUL-DE-SAC IS EXTENDED TO THE NORTH END OF LOT 4, AND IS MADE FULL SIZE. THAT PORTION THAT FALLS OUTSIDE OF THE 60 FOOT RIGHT-OF-WAY MUST BE SECURED BY TEMPORARY EASEMENTS THAT ARE U 0 AUTOMATICALLY RELEASED WHEN THE ROAD IS EXTENDED. Staff recommends the following additional stipulations be added to final plat approval. 1. THE COST OF THE FIRST SEAL COATING (AS ESTIMATED BY THE CITY ENGINEER) IS PAID BY THE DEVELOPER PRIOR TO RECORDING FINAL PLAT. 2. THAT THE DRAINAGE AND UTILITY EASEMENTS THAT EXTEND NORTH AND EAST FROM THE RIGHT-OF-WAY IN THE PLAT, ALSO BE DEDICATED THROUGH EASEMENT DOCUMENTS TO THE CITY FOR ROADWAY PURPOSES. Road easements can not be dedicated as right-of-way on the plat drawings or they will create separate lots out of Lot 4. 3. MODEL HOME LOCATIONS ARE CONSIDERED, IF THE DEVELOPER DESIRES THEM PRIOR TO PUBLIC IMPROVEMENTS BEING COMPLETED. 219TH � r ' - 218TH I i e I 2t6T>_ I •.� � i 216TH 214x+ —"" I `� �� E� �• • 1 213TH I = f� 212TH 2IITH z1oTH � `� r -• 209TH 208TH 206TH 20STH If 204TH it �I •� _ •fir. 7-7 203RD � eta• • � ""' . +yam^ � �1�00 M•wt fl w7MS. � I '- FAA. 200TH 199TH • / P ca 197TH : 1 \ I I 1 � I 194TH i I 1 I 1 I l 1•, _ May 7, 1993 File: 230-167-11 CONSULTING ENGINEERS Maier Stewart & Associates Inc. Mr. Steven Rohlf Building & Zoning Administrator City of Elk River P.O. Box 490 13065 Orono Parkway Elk River, MN 55330 RE: HILLTOP WOODS ESTATES Dear Mr. Rohlf- � As requested, we have reviewed the information submitted by John Oliver & Associates regarding the above -referenced plat. This information included a revised grading and drainage plan, storm sewer calculations, and a copy of a letter addressed to Mr. Harvey Richner, Sherburne County. We have reviewed this information relative to our original comment letter dated March 16, 1993. • The four items noted in that letter, specifically items 4, 5, 6, and 7, have been adequately addressed. The revised grading plan shows a landing area approximately 100 feet long at the intersection of Victoria Drive and County Road 32. A full-size cul-de-sac has been added at the north end of Victoria Drive. Drainage calculations indicate that the pond is adequately sized to deal with the drainage from the plat and the copy of the letter to Sherburne County indicates that drainage relative to County Road 32 is being dealt with by the County. One issue that is not quite clear is the storm drainage internal to the plat was recommended to consist of catchbasins rather than allowing the water to run off the edges of the roads. The revised grading and drainage plan has symbols which indicate catchbasins but they are not specifically called out. We would still recommend catchbasins be required at this location. If you have any questions regarding these comments, please call. Sincerely, MAIER STEWART & ASSOCIATES, INC. .� �44-U Terry J. Maurer, P.E. TJM:tp • 167-0706.may 1959 SLOAN PLACE, SUITE 200, ST. PAUL, MINNESOTA 55117 612-774-6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 • Equal Opportunity Employer October 19, 1992 Pam Robideau . 20489 Meadowvale Road avid Gow 6 Elk River, MN 55330 Hees H. Coates Steven Stoffers 12735 -289th Avenue 14092 Victoria Lane Zimmerman, MN 55398 Elk River, MN 55330 Dennis & Arleen Kramer Jerry & Joyce Jorgenson 20789 Meadowvale Road 14054 Victoria Lane Elk River, MIN 55330 Elk River, MN 55330 Paul & Catherine Juenemann Gary Martin 20633 Meadowvale Road 7867 Oday Avenue Elk River, MN 55330 Elk River, MN 55330 St. Louis Park SportsmanClub Gregory Frank & J. Rauch 5533 France Avenue N. 14527 County Road 79 Minneapolis, rLN 55429 Elk River, MN 55330 Steven & Tammy Pullar Mark & Kay Lee 20343 Meadowvale Road 20428 Meadowvale Road Elk River, MN 55330 Elk River, MN 55330 J. Wendorff David Gow 20460 Meadowvale Road Elk River, MN 55330 20493 Meadowvale Road Elk River, MN 55330 Mark & Vicki Sivila Marilyn Van Patten 20456 Meadowvale Road 12950 Meadowvale Road Elk River, MN 55330 Elk River, MN 55330 Mr. Dennis Chuba Mark & Wendy Grimmer 20455 Meadowvale Road 20466 Victoria Lane Elk River, Mid 55330 Eik River, Mid 55330 Thomas Nielsen, Jr. Ralph & Mary Jerzak 14129 Victoria Lane 14109 Victoria Lane Elk River, Mid 55330 Elk River, MN 55330 Glen Bykkeren James & Carol Laduke 14071 Victoria Lane 14041 Victoria Lane Elk River, MN 55330 Elk River, MN 55330 Victor & Silvia Archambro Wililam & Colleen Gass 14031 Victoria Lane 14021 Victoria Lane Elk River, MN 55330 Elk River, MN 55330 Michael J. Hiltner 20431 Meadowvale Road Elk River, MN 55330 • • HILLTOP WOOD ESTATE45, KNOW ALL MEN BY THESE PRESENTS: That Oovid S. Gow and Kathleen A. Go., husband and wife, fee o ers; and The Bank of Elk River, a Minnesota Corporation, moib rtgagee, of the following described properly situated in the State of Minnesota, County of nSherburne, to -wit: I" Southeast Quarter of the Southwest Quarter of Section 18, Township 33. Range 26. Hove caused the same to be surveyed and plotted as HILLTOP 'NOOD ESTATES, and do hereby donate and dedicate to the public for the public use forever the thoroughfare as shown on this plat, and also dedicating theeo s eats a shown on this plot Ior drainage and utility purposes es only. In witns whereof said David S. Go, and Kathleen A. Gow hove hereunto set our, hands this ____ day of �1993. David S. Gow K.UJeen A. Gow Also in witness whereof said The Bank of clk River has caused :hese presents to be signed by its proper officers and its corporate seal to be hereunto affixed this day of 1993. THE BANK OF ELK RIVER By. its:_ By. _, it,: State of Minnesota. County of _ The foregaing instrument was acknowledged before me this My Commission Expires: Slate o1 Min .... to, County of The foregoing instrument was acknowledged before me this and by - _. os My commission expires day of , 1993 by [1 -id S. Gaw, and by Kathleen A. Ga., husband and wife. Notary Public __ _ Caunty, Minnesota day of _ 1993, by ns of The Bank of Elk River, a Minnesota Corporation, on behalf of said corporation. _ Notary Public - _. County, Minnesota I hereb • certifythat 1 have s ,,.yd and patted the property 16 n his t a HI' TOP W TATE and that this lot Is act n o , a on m Trop ycosar ed i t plot s .L 000 eE5 .5 f p represe lotion t said survey, that m u encs hove been correctly placed in the ground a shown n the plat; that all distances areacectly shown on the plot in feet old hundredths of o foot, that the outside boundary lines are c ectly designated on the plot: and that thereor,. no wet lands as def;d. ned in Minnesota Statues 505.02, SubI, or public highways to be designated on the plat other than as shown ihereun. Jahn 0. aiver. Land surveyor Minnesota License No. 8194 Stole of Minnesota. County of Sharp,— Th. harbumeThe foregoing instrument was acknowledged before me, this _ day o. 1993, by John O. Oliver, Land Surveyor, Minnesota License No. 8194. Notary Public County, Minnesolo My comm is cion expires: This plat was approved by the City Council of the City of EIk River, Sherbume County. Minnesota at a meeting held this day of 1993. By _ Mayor Atlesl: Gerk Checked and approved for Sherhume County as to complionce with Chapter 505, Minnesota Statutes this day of Sherbume County Surveyor hereby certify that proper evidence of title hos been presented to and ...mined by me, and I hereby approve this plat as to form and execution this day of 1993. Elk River City Attomey No delinquent taxes due and transfer entered this day of 1993. Sherburne County Auditor I hereby certify taxes payable is the year ____ an lands herein described are paid in full the day of __- Sherburne County Treasurer I hereby certify that this instrument w s Flied in the office of the County Recorder for record on this . day of at o'clock .M., and was duly recorded as Document No. _ Sherbume County Recorder on 19_ 1993. NW CORNER OF SE 1/4, SW I/4. SEC. 18, T33. R26 NORTH LINE OF THE SE I/4 N89°03'29"E 369.40 -_ r-. X'30.00 '-DRAINAGE & UTILITY EASEMENT_ -- Ngg' 29'E — - 370.01 0 `- _ - _ - - - - - Or�o30 0. I \ Sr^•�6 50 � I SPS\,, • \ O 0 a N V m I p•, QD ,D i 1 � N89°0336"W O 570.32op 3 w � X245 i a oq a0 .a � - Iry (gOe l g0 I \ DRAINAGE/ & y UTI LGTV p�\ \ u, EASEMENT O \ 392_ 490 40420 / s/ 'w m 3 Z 48g BS \ \ '20Y ry00 r /„ 0 �r O `v / � O „o - 5t • 0 �5 j�\ • • MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, MAY 17, 1993 Members Present: Mayor Duitsman, Councilmembers Dietz, Farber, Scheel, and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Stephen Rohlf, Building and Zoning Administrator; Terry Maurer, City Engineer; Peter Beck, City Attorney Also Present: Dan Tveite, Planning Commission Representative Matt Ledvina, Environmental Consultant 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 Mayor Duitsman. 2. Consider 5/17/93 City Council Agenda COUNCILMEMBER FARBER MOVED TO APPROVE THE 5/17/93 CITY COUNCIL AGENDA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Citv Council Minutes 3.1. 5/10/93 Special City Council Minutes 3.2. 5/10/93 Regular City Council Minutes COUNCILMEMBER SCHEEL MOVED TO APPROVE THE 5/10/93 SPECIAL CITY COUNCIL MINUTES AND THE 5/10/93 REGULAR CITY COUNCIL MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3.3 5/10/93 Executive Session Minutes Councilmember Dietz indicated that he voted in favor of the Union Contract and requested that this be reflected in the minutes. COUNCILMEMBER FARBER MOVED TO APPROVE THE 5/10/93 EXECUTIVE SESSION COUNCIL MINUTES AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Open Mike No one appeared for this item. City Council Minutes May 17, 1993 ------------- Page 2 5.1. Consider Agreement for the Lease of City -owned Home at 20127 Elk Lake Road Pat Klaers stated that the current tenant of the city -owned property located at 20127 Elk Lake Road has given notice to terminate his lease effective May 31. He stated that the City has received a request from Rodney J. Johnson to lease the property until May 31, 1994. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE HOUSE LEASE AGREEMENT BETWEEN THE CITY OF ELK RIVER AND RODNEY J. JOHNSON FOR A ONE YEAR PERIOD ENDING MAY 31, 1994. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Transient Merchant License The City Clerk indicated that Mr. Dennis Bolles has made application for a peddler license to sell ice cream novelties from a van in the City of Elk River limits. It was noted that there has been a van selling Blue Bell Ice Cream in the City of Elk River. The City Clerk indicated that she would notify Mr. Bolles and inform him that if it was his van, he is not to sell prior to receiving his license. COUNCILMEMBER HOLMGREN MOVED TO APPROVE A PEDDLERS LICENSE FOR MR. DENNIS BOLLES TO SELL ICE CREAM NOVELTIES IN THE CITY OF ELK RIVER. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Park and Recreation Recommendations The City Administrator stated that the Park and Recreation Commission had several recommendations to be reviewed by the City Council. He stated that the Commission wishes to change its monthly meeting date to the second Wednesday of each month so that they will be able to review development proposals prior to Planning Commission review. He indicated that the Park and Recreation Commission requested Council approval to have staff spend time with the Commission to work towards a more detailed trail and park plan. He indicated that the Commission restated its opinion that parks and trails should be provided in the Moldenhauer and Barnier plats. He indicated that the Commission is requesting Council to approve the offering of a reward that would lead to the arrest and conviction of the responsible parties for cutting the trees on MnDOT property along the shopping center area west of Highway 169. He further indicated that the Commission requested park fees from the North Meadows preliminary plat. Councilmember Dietz requested that a Park and Recreation Commissioner be present during Council preliminary plat review. It was the consensus of the Council to move the Park and Recreation Commission meeting dates to the second Wednesday of each month as they felt it was a good idea to have the plats reviewed by the Park and Recreation Commission. The Council agreed to have staff spend some time in helping to update the Master Park Plan. City Council Minutes May 17, 1993 ------------- Page 3 COUNCILMEMBER FARBER MOVED TO APPROVE THE OFFERING OF A REWARD OF $500 FOR THE ARREST AND CONVICTION OF THE RESPONSIBLE PARTIES FOR CUTTING THE TREES ON MNDOT PROPERTY ALONG THE SHOPPING CENTER AREA WEST OF HIGHWAY 169. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.4. Call 5/25/93 City Council Meeti COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL TO BE HELD ON MAY 25, 1993, 6:00 P.M., SO THAT PLANNING COMMISSION INTERVIEWS CAN BE HELD AND A JOINT MEETING WITH THE PARK AND RECREATION COMMISSION CAN TAKE PLACE FOLLOWING THE INTERVIEWS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Fresno Street and Storm Drainage/Public Hearing Terry Maurer, City Engineer, indicated that the Fresno Street public hearing deals with the proposed assessment of street and storm drainage improvements to properties abutting Fresno Street. He stated that the actual improvements proposed to be constructed include sanitary sewer, water main, storm drainage and street. He stated there are no proposed assessments for the sanitary sewer or water main at this time, however, if a property owner decides to hook up to the utilities, an assessment would be levied against the property at that time. Terry Maurer explained the proposed assessment rates of $8.00 per front foot for storm sewer and $22.00 per front foot for streets. Mayor Duitsman opened the public hearing. Tom Patterson, 13153 182nd Avenue, stated that his lot abuts Fresno Street and questioned whether his lot would be stubbed in for water and sewer. Terry Maurer indicated it would be up to the individual homeowner. Paul Bell, 18228 Fresno Street, questioned whether the City would be paying assessments for the lot it owns. Terry Maurer indicated the City would pay the assessments. Mr. Bell also questioned if the City would consider not starting the project until the bridge is opened. He indicated that the people in his neighborhood have put up with the building of the City Hall and softball at night, and felt that consideration should be given to people in this neighborhood. Terry Newstrom, 18141 Fresno Street NW, questioned what the cost would be to hook up to sanitary sewer. Terry Maurer explained the costs involved to hook up to sanitary sewer and water. Terry Newstrom indicated that she lives on the corner of Mississippi Road and Fresno Street and questioned whether she would be assessed again when the utilities go down Mississippi Road. Terry Maurer indicated that she would not be double assessed. Mel Beaudry, 10023 Manor Place, questioned whether owners who sell their homes in the future would be forced to hook up to City sewer and water. Terry Maurer indicated that new home buyers would not be forced City Council Minutes May 17, 1993 Page 4 • to hook up to utilities as this public hearing is for street and storm sewer only. Craig Weber, 18259 Fresno Street, questioned when the plans were started for the project. He indicated he has just recently purchased his house and was not informed of these improvements at the time of purchase. Terry Maurer explained that the feasibility study for the project was done in early 1993. Gwen Smith, 18290 Fresno Street, questioned when residents would be required to hook up to water and sewer. Terry Maurer explained that there is no definite answer as to when sewer and water will go in the surrounding areas. He informed Ms. Smith that the Council has never forced sewer and water on a neighborhood just for the sake of putting the utilities in. However, if problems arise with septic systems in the area, or streets need to be rebuilt, these would be reasons for bringing utilities to the surrounding areas. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Dietz stated that the City should work with the contractors and residents of the area and trying to coordinate the project so that it does not start until the bridge is complete. Terry Maurer indicated that _several factors are involved including the fact that the actual bridge completion date is July 1, and that the City has made an agreement with Sherburne County that it will have the construction work completed by July 1, so that everything is finished prior to the County Fair. Terry Maurer indicated that the City should contact the County and see if they can get an extension on the July 1, date, and also stated that it is anticipated that the bridge will be open prior to July 1. COUNCILMEMBER DIETZ MOVED TO NEGOTIATE WITH SHERBURNE COUNTY FOR AN EXTENSION OF THE TIME PERIOD TO RESTORE THE RIGHT-OF-WAY TO ORONO PARKWAY AND THAT CONSTRUCTION WITH THE FRESNO STREET PROJECT NOT BEGIN UNTIL THE MAIN STREET BRIDGE IS OPEN. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 93-20, A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE FRESNO STREET AND STORM DRAINAGE IMPROVEMENT OF 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Consider Bids for Heritage Landing Terry Maurer indicated that thirteen bids were received for the Heritage Landing Addition improvements and recommended that the Council • consider awarding the bid to the lowest bidder which was LaTour Construction. City Council Minutes May 17, 1993 ------------- Page 5 COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-21, A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE HERITAGE LANDING AND FRESNO STREET IMPROVEMENT OF 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Consider Ordering Plans and Specifications for School Street/Jackson Avenue Intersection Terry Maurer indicated that the use of turnback funds for the Jackson Avenue/School Street intersection have been approved. He stated that turnback funds would cover Jackson Avenue improvements and 50% of the signalization costs and municipal state aid money would be used for the School Street portion of the project. He indicated that after receiving this information it was apparent that the City would be ready to move ahead with this project. COUNCILMEMBER SCHEEL MOVED TO ADOPT RESOLUTION 93-22, A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE SCHOOL STREET/JACKSON AVENUE INTERSECTION IMPROVEMENT OF 1993. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.4. Accept Feasibility Study and Order Plans and Specifications for CherryHill Bluffs 2nd Addition Terry Maurer reviewed the feasibility study for CherryHill Bluffs 2nd Addition. He requested the Council to formally authorize the feasibility study by resolution as this was not done previously. Terry Maurer also indicated that the final plat is not ready at this time because of issues regarding land ownership. He stated that a strip of land, 66' wide, is owned by MnDOT. He further indicated that the City has requested release of this property so that it can be contained within the plat of CherryHill Bluffs 2nd Addition, however MnDOT has not responded as to the timing of the release of this property. Terry Maurer suggested that it may be necessary to plat the 2nd Addition with the elimination of the MnDOT property. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-23, A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE CHERRYHILL BLUFFS 2ND ADDITION IMPROVEMENT OF 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 93-24, A RESOLUTION RECEIVING THE FEASIBILITY STUDY AND ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE CHERRYHILL BLUFFS 2ND ADDITION IMPROVEMENT OF 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Correction to Gospodor's Orono Lake Addition No. 1 by the City of Elk River Terry Maurer indicated that an error was found on the plat of Gospodor's Orono Lake Addition No.l and stated that a Certificate of Correction must be approved by the City Council. • City Council Minutes May 17, 1993 ------------- COUNCILMEMBER DIETZ MOVED TO AUTHORIZE THE FOR GOSPODOR'S ORONO LAKE ADDITION NO. 1. SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. TH 169/101 and TH 10 Interchange Project Update Page 6 CERTIFICATE OF CORRECTION COUNCILMEMBER HOLMGREN Terry Maurer indicated that the City of Elk River has been in contact with MnDOT regarding adding utilities to MnDOT's Highway 101 project at the intersection of Highways 169, 101, and 10. The City Engineer informed the Council that MnDOT must receive the City plans by September of 1993. Mayor Duitsman indicated that he would be requesting a meeting of the property owners on East Highway 10 some time in June. 7.1. Consider a Conditional Use Permit and License Renewal by Conteck Environmental Services/Public Hearing (Case No. CU -93-05) Steve Rohlf, Building and Zoning Administrator, indicated that Conteck Environmental Services is requesting renewal of their conditional use permit and license for their facility which treats petroleum, hydrocarbon contaminated soil. Mr. Matt Ledvina, City Environmental Consultant, indicated that Mr. Kreger was requesting to use a different contractor and equipment than originally approved. Dan Tveite, Planning Commission Representative, indicated that the Planning Commission recommended approval of the amended conditional use permit contingent upon proof of insurance and the City being provided a current legal description. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR CONTECK ENVIRONMENTAL SERVICES WITH THE FOLLOWING STIPULATIONS: 1. PROOF OF INSURANCE BE PROVIDED TO THE CITY. 2. THE CITY BE PROVIDED WITH A CURRENT LEGAL DESCRIPTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SOLID WASTE FACILITY LICENSE AGREEMENT FOR CONTECK ENVIRONMENTAL SERVICES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Consider Easement Vacation for a Portion of UPA Drive by the City of Elk River/Public Hearing (Case No. EV -93-02) Steve Rohlf indicated that the City of Elk River is requesting to vacate a portion of UPA Drive adjacent to the old City Hall site at the intersection of Highway 10 and Main Street. He stated that the reason for easement vacation is to allow the sale of the property to United Power Association. City Council Minutes May 17, 1993 ------------- Page 7 • Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Steve Rohlf indicated that a plat will be considered by the City Council at its June meeting and recommended the Council postpone this issue until that meeting. COUNCILMEMBER HOLMGREN MOVED TO POSTPONE A DECISION ON THIS ISSUE UNTIL THE JUNE 7, 1993, CITY COUNCIL MEETING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Conditional Use Permit Request to Exceed the Maximum Size and Square Footage of an Accessory Building, and Encroach on the Setback by Ed and Kris Stevens/Public Hearing (Case No. V-93-03) Steve Rohlf, Building and Zoning Administrator, indicated that Ed and Kris Stevens, 21216 Vernon Street, are proposing to build a nonagricultural accessory structure 1,620 square feet in size. He stated that a conditional use permit is necessary because the structure exceeds the 1,000 square foot maximum size of a single accessory structure and also because the size of the structure will exceed the maximum total square footage of accessory structures on a single lot, and further, that the placement of the building would create an encroachment on the 300' setback to metal skinned buildings. Dan Tveite, Planning Commission Representative, stated that a compromise has been reached with the Stevens to allow the single structure to be 1,400 square feet in size. He stated that the Stevens have also compromised the encroachment distance to 175 feet from neighboring residences. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE REQUESTED BY ED AND KRIS STEVENS OF 21216 VERNON STREET WITH THE FOLLOWING STIPULATIONS: 1. THE ACCESSORY STRUCTURE BE NO CLOSER THAN 175' FROM NEIGHBORING RESIDENCES. 2. THE TOTAL SQUARE FOOTAGE OF THE ACCESSORY STRUCTURE NOT EXCEED 1,400 SQUARE FEET. 3. THE STRUCTURE BE INSULATED FOR SOUND DEADENING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. Consider an Administrative Subdivision and Variance for a Zero Lot Line (Duplex) by Mayor and Weicht Investment, Inc./Public Hearin (Case No. AS -93-03 and V-93-03) Steve Rohlf indicated that Moyer and Weicht Investment, Inc., have requested an administrative subdivision to divide a lot with an City Council Minutes Page 8 May 17, 1993 ------------- existing duplex, into two lots with a zero lot line. He stated that the applicants are also requesting variances on lot width and size for both lots they are proposing to create. Steve Rohlf indicated that the duplex was built in 1984 under the zoning standards in effect at that time. He indicated that the applicants are requesting a variance because the standards have changed since 1984. Dan Tveite, Planning Commission Representative, indicated that the Planning Commission recommended approval of the variance. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION FOR A ZERO LOT LINE REQUESTED BY MOYER AND WEICHT INVESTMENT, INC., CONTINGENT ON BUILDING CODE FOR A ZERO LOT LINE BEING MET. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE VARIANCE ON THE LOT WIDTH AND SIZE FOR BOTH LOTS CREATED CONTINGENT ON BUILDING CODE FOR A ZERO LOT LINE BEING MET. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. Consider Preliminary and Final Plat Request (Bruce Addition) by Chris Bulow/Public Hearing (Case No. P-93-06) Steve Rohlf indicated that Chris and Linda Bulow are requesting a preliminary plat review of a residential development consisting of six duplexes and two single family lots. He stated that the area is zoned PUD and all dwellings proposed would be served by City sewer and water. He indicated that originally, the plat was part of Block 5 of the original plat of Barrington Place PUD. Steve Rohlf indicated that staff feels that a conditional use permit for the Bruce Addition is not required because the original PUD agreement will not be altered. Steve Rohlf reviewed the issues relating to the preliminary plat. Steve Rohlf indicated that the single family lots are proposed to average 9,000 square feet each. The City's minimum lot size is 10,000 square feet. He indicated that the proposed duplex lots will average 5,270 square feet per duplex lot. He indicated that the City requirement is 6,000 square feet. Steve Rohlf also indicated that the lot size of the duplexes as proposed by the Bruce Company is less intense than the original proposed lot size for Replat #5. Dan Tveite indicated that the Planning Commission recommended approval of the preliminary plat with thirteen conditions. He indicated that the Commission felt that the lot sizes being proposed are sufficient with the area. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. • Councilmember Dietz questioned why the City should not request the plat to conform to current lot sizes. Dan Tveite stated that the Planning City Council Minutes May 17, 1993 ------------- Page 9 4 9 Commission felt that the lot sizes were consistent with the area and further that flexibility is allowed through the PUD. Councilmember Holmgren stated his concern regarding the entrance to the plat. He indicated the plat does not access onto a public street. He stated that the plat is accessed through a private drive and further indicated that he was concerned about emergency vehicles accessing and exiting the plat. Chris Bulow indicated that when replatting they were dealing with an existing plat. He stated that through the replat they have made more green space and indicated that the private drive already exists and felt that they have the best layout for the proposed plat. He further indicated that it was an improvement to the existing plat. Councilmember Holmgren suggested using 8th Street as an access to the plat as it already exists. Councilmember Scheel voiced her concern regarding the fact that the plat is lacking two entrances as is required by City Code. Discussion was held regarding the use of 8th Street as an access to the plat. Chris Bulow felt that the extension of 8th Street would create more traffic into the plat. Following this discussion it was the consensus of the Council that no change to the roads would be made to the plat. Chris Bulow questioned whether he could pay the $300 WAC fee at the time of hook up to the water. The City Council informed him that he must receive approval from Elk River Utilities. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT OF BRUCE ADDITION CONSISTING OF SIX DUPLEX LOTS AND TWO SINGLE FAMILY LOTS WITH THE FOLLOWING CONDITIONS: 1. THE CITY ENGINEER DESIGNS THE SEWER AND WATER EXTENSIONS. FURTHER, THAT THE CITY ENGINEER APPROVE THE DRAINAGE AND GRADING PLANS PRIOR TO RECORDING THE ,PLAT. LASTLY, THAT THE CITY ENGINEER INSPECTS THE SEWER, WATER, GRADING, AND DRAINAGE IMPROVEMENTS. 2. THE COST OF SEWER, WATER, GRADING, DRAINAGE, AND DRIVES, AS ESTIMATED BY THE CITY ENGINEER, BE SECURED BY A 100% LETTER OF CREDIT IN FAVOR OF THE CITY TO ENSURE COMPLETION OF THESE IMPROVEMENTS PRIOR TO RECORDING THE PLAT. 3. A 25% WARRANTY BOND COVERS THE SEWER AND WATER EXTENSIONS FOR A ONE YEAR PERIOD FOLLOWING ACCEPTANCE OF THOSE IMPROVEMENTS BY THE CITY. 4. CITY APPROVAL OF THIS PLAT IS CONTINGENT UPON THE FOLLOWING OTHER • APPROVALS: MPCA FOR THE EXTENSION OF SEWER, CITY RESPONSIBILITY AND DEPARTMENT OF HEALTH FOR THE EXTENSION OF WATER, CITY RESPONSIBILITY. City Council Minutes May 17, 1993 ------------- Page 10 5. THE SETBACKS IN THE PLAT ARE 30' FRONT, 10' SIDE, AND 10' REAR, FOR THE SINGLE FAMILY LOTS; AND 5 FOOT SIDE AND REAR FOR ACCESSORY STRUCTURES ON THE SINGLE FAMILY LOTS. SETBACKS FOR THE DUPLEX LOTS ARE 5 FOOT ALL SIDES, EXCEPT FOR THE COMMON WALL WHICH WOULD BE A ZERO LOT LINE. 6. PUBLICLY OWNED UTILITIES ARE PROTECTED BY EASEMENTS AND ACCOMMODATIONS ARE MADE IN THE ASSOCIATION AGREEMENT FOR THE EXTENSION OF UTILITY SERVICES THROUGH THE COMMON LOT TO THE INDIVIDUAL LOTS WITHIN THE PLAT. 7. NO PARK DEDICATION FEES BE CHARGED. 8. SEWER, WATER, GRADING, DRAINAGE, AND DRIVES HAVE A ONE YEAR COMPLETION DATE AND MUST BE ACCOMPLISHED PRIOR TO BUILDING PERMIT ISSUANCE. 9. THE ENTIRE SITE BE SEEDED FOR EROSION CONTROL IN THE SAME CONSTRUCTION SEASON AS THE GRADING, AND MAINTAINED UNTIL SELF SUFFICIENT. 10. THE LOT SIZES AS PROPOSED IN THE PLAT ARE DEEMED ACCEPTABLE. 11. THE DEVELOPER REIMBURSE THE CITY FOR THE ESTIMATED COST FOR REVIEWING THE PLAT. 12. THE STIPULATIONS OF APPROVAL ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT. 13. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO RECORDING THE PLAT. 14. A WATER AVAILABILITY CHARGE OF $300 PER LOT BE CHARGED FOR THE 14 BUILDABLE LOTS, PAYABLE PRIOR TO RECORDING THE PLAT UNLESS OTHERWISE AGREED TO BY THE ELK RIVER UTILITIES. 15. AN ASSOCIATION AGREEMENT FOR THE PROJECT IS FOUND ACCEPTABLE TO THE CITY ATTORNEY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. Councilmember Dietz stated his opposition was due to the fact that 8th Street was not extended. 7.6. Consider Final Plat of Hilltop Woods Estates by Dave Gow (Case No. P-93-03) Steve Rohlf stated that David Gow is requesting final plat approval of Hilltop Woods Estates which contains 8 single family lots. Steve Rohlf reviewed the stipulations placed on the preliminary plat. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE FINAL PLAT OF HILLTOP WOODS ESTATES WITH THE FOLLOWING STIPULATIONS: 1. STREETS City Council Minutes May 17, 1993 ------------- Page 11 . A. TERRY MAURER'S COMMENTS ARE INCORPORATED IN THE DESIGN OF THE ROAD AND THAT MR. MAURER REVIEWS AND APPROVES THE DESIGN OF THE STREETS AND, PRIOR TO RECORDING THE PLAT, INSPECTS THEM. B. THE ROAD IN THIS PLAT IS NAMED VICTORIA DRIVE. C. A CONSTRUCTION PERMIT IS OBTAINED FROM THE COUNTY ENGINEERING DEPARTMENT TO HAVE 205TH AVENUE CONNECT TO MEADOWVALE ROAD. D. THE CITY ATTORNEY VERIFY THE LEGITIMACY OF THE EASEMENT FROM MRS. COATES TO THE CITY. 2. 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. 3. 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. 4. PARK DEDICATION IS $2,800 FOR SEVEN NEWLY CREATED LOTS. 5. 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. 6. THE IMPROVEMENTS IN THIS PLAT HAVE A COMPLETION DATE OF ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 7. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL. 8. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE COST OF REVIEWING THE PLAT. 9. THE TEMPORARY CUL-DE-SAC IS EXTENDED TO THE NORTH END OF LOT 4, AND IS MADE FULL SIZE. THAT PORTION THAT FALLS OUTSIDE OF THE 60 FOOT RIGHT -OF --WAY MUST BE SECURED BY TEMPORARY EASEMENTS THAT ARE AUTOMATICALLY RELEASED WHEN THE ROAD IS EXTENDED. 10. THE COST OF THE FIRST SEAL COATING (AS ESTIMATED BY THE CITY ENGINEER) IS PAID BY THE DEVELOPER PRIOR TO RECORDING FINAL PLAT. 11. THAT THE DRAINAGE AND UTILITY EASEMENTS THAT EXTEND NORTH AND EAST FROM THE RIGHT-OF-WAY IN THE PLAT, ALSO BE DEDICATED THROUGH • EASEMENT DOCUMENTS TO THE CITY FOR ROADWAY PURPOSES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Minutes Page 12 May 17, 1993 ------------- • 7.7. Consider Final Plat of Mississippi Oaks (Phase One) by Iry Moldenhauer (Case No. P-93-05) Steve Rohlf indicated that Iry Moldenhauer, developer of Mississippi Oaks is requesting final plat approval of the first phase which will contain 37 single family lots. Discussion was held regarding the proposed park for the plat. It was noted that the park is proposed to be included in phase 4 and 5 of the plat of Mississippi Oaks. Councilmember Holmgren indicated he is not comfortable with the park being in phases 4 and 5. He felt the park should be included in the earlier phases of the plat as there will be several lots created and people who would use the park prior to phases 4 and 5. Mayor Duitsman requested that the park issue be referred to the Park and Recreation Commission for review and recommendation. COUNCILMEMBER HOLMGREN MOVED TO APPROVE PHASE I OF MISSISSIPPI OAKS ADDITION WITH THE STIPULATION THAT THE PARK AND RECREATION COMMISSION REVIEW THE LOCATION, SIZE AND TIMING OF THE PARK AND THAT THE PARK BE APPROVED PRIOR TO FINAL PLAT REVIEW OF THE SECOND PHASE AND FURTHER, THAT THE FINAL PLAT OF THE FIRST ADDITION BE APPROVED WITH THE FOLLOWING STIPULATIONS: 1. THAT THERE BE NO CONNECTION OF RIVERVIEW DRIVE TO THE EXISTING RIVERVIEW DRIVE IN PALMER'S ADDITION AT THE PRESENT TIME. M2. THE CITY ENGINEER PREPARES THE PLANS AND SPECS FOR ROAD, SEWER, WATER, AND STORM DRAINAGE. 3. PARK DEDICATION A. TRAIL - 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. B. PARK DEDICATION FEES - THE 37 LOTS IN THE FIRST PHASE OF MISSISSIPPI OAKS MUST PAY PARK DEDICATION FEE AT A RATE OF $400.00 PER LOT FOR A TOTAL OF $14,400 FOR THE 36 ADDITIONAL LOTS CREATED MINUS CREDIT FOR A PORTION OF TRAIL DEDICATED. 4. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO RECORDING THE PLAT. 5. THAT THE FOLLOWING PERMITS ARE OBTAINED: DEPARTMENT OF HEALTH FOR THE EXTENSION OF WATER; MPCA FOR THE EXTENSION OF SEWER; NPDES FOR GRADING; DNR FOR DEWATERING; AND ARMY CORPS OF ENGINEERS FOR THE SEDIMENTATION POND, IF NECESSARY. 6. THAT 17' OF ADDITIONAL RIGHT-OF-WAY IS DEDICATED TO THE -COUNTY ALONG COUNTY ROAD 30. • 7. PROVISIONS ARE MADE TO ACCOMMODATE THE EXTENSION OF URBAN SERVICES TO THE EXCEPTION SHOWN IN THE NORTHWEST CORNER OF THE PLAT. City Council Minutes May 17, 1993 ------------- Page 13 0 8. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL. 9. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS IS PROVIDED BY THE DEVELOPER PRIOR TO RECORDING THE PLAT. 10. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THE PLAT IS ONE YEAR FROM THE DATE OF FINAL PLAT APPROVAL. 11. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE ESTIMATED COST OF REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW. 12. EASEMENTS NEEDED TO ACCOMPLISH STORM DRAINAGE (PIPING AND THE SEDIMENTATION POND) OUTSIDE OF THE BOUNDARIES OF MISSISSIPPI OAKS FIRST ADDITION, ARE PROVIDED BY THE DEVELOPER PRIOR TO RECORDING THE PLAT. 13. THE DEVELOPER PAY THE CITY FOR THE FIRST SEAL COATING OF THE ROAD IN THE FIRST ADDITION, AS ESTIMATED BY THE CITY ENGINEER; PRIOR TO RECORDING THE PLAT. 14. THE DEVELOPER PAY THE NEW WATER AVAILABILITY CHARGE OF $300 PER LOT FOR THE 37 LOTS CREATED PRIOR TO RECORDING THE PLAT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Accept Feasibility and Order Plans and Specifications for Mississippi Oaks Terry Maurer stated that the feasibility study was initiated by petition from the property owner Iry Moldenhauer. The improvements listed in the feasibility study include sanitary sewer, water service, storm drainage, site grading, and street improvements to Phase I of the Mississippi Oaks development. He stated that the developer has waived his rights to a public hearing for these improvements. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-25, A RESOLUTION RECEIVING THE FEASIBILITY STUDY AND ORDERING THE IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE MISSISSIPPI OAKS PHASE I IMPROVEMENT OF 1993. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.9. Request for Additional Model Homes in Heritaae Landina by Dennis Chuba and Richard Kincanon Steve Rohlf indicated that Dennis Chuba and Richard Kincanon, developers of Heritage Landing, have been authorized to have six model home sites prior to the improvements in the plat being completed. He indicated that since that authorization, the developers have requested an additional four model homes as they will be having ten builders participating in the plat. Terry Maurer, City Engineer, indicated that there is always a potential for conflicts between the home builders and the project contractors. He indicated that he would need cooperation City Council Minutes May 17, 1993 Page 14 between the developers and home builders in an effort to minimize any conflicts. COUNCILMEMBER HOLMGREN MOVED TO ALLOW TEN MODEL HOMES IN THE HERITAGE LANDING PLAT PRIOR TO IMPROVEMENTS IN THE PLAT BEING COMPLETED. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained. 7.10. Consider a Request for an Ordinance Amendment, Section 1008.14 Titled "Subdivision Design Standards" (Length of Dead-end Roads) by the City of Elk River/Public Hearing Steve Rohlf stated that as requested by the City Council, Planning Commission and staff have reviewed the section of ordinance pertaining to the length of dead-end roads in the City of Elk River. He indicated that the Planning Commission did not have a clear consensus on the adoption of the ordinance amendment. Dan Tveite, Planning Commission Representative, indicated that the Commission concurred with the necessity of the ordinance amendment, however, a clear consensus was not reached on whether or not language in the ordinance amendment should be included discouraging cul-de-sacs. Councilmember Holmgren requested that this issue be sent back to the Planning Commission for further review which would also give the City's new Planner time to review the issue. Mayor Duitsman indicated that he did not feel it was necessary to postpone a vote on the issue at this time. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 93-6, AN ORDINANCE AMENDING SECTION 1008.14(5)(j) OF THE ELK RIVER CODE OF ORDINANCES REGARDING CUL-DE-SAC STREETS IN SUBDIVISIONS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1-1. Councilmember Dietz opposed. Mayor Duitsman abstained. The City Council recessed at 9:55 p.m. and reconvened at 10:10 p.m. 7.11. Solid Waste Update The Building and Zoning Administrator indicated that there were several issues to update the Council on concerning solid waste. He informed the Council that staff is in the process of organizing a spring clean up day on Saturday, May 22, 1993. He informed the Council that Sherburne County Waste Advisory Board is reviewing the SCORE Grant proposals and a recommendation is anticipated next week. The Building and Zoning Administrator informed the Council that the Tri -County Solid Waste Management Commission has received a request from a St. Cloud hauler to bypass the refuse transfer station in St. Cloud and bring the waste directly to the RDF Plant in Elk River. He indicated that the tipping fees at the transfer station in St. Cloud have increased, making it less expensive for haulers to bring their waste directly to the RDF plant. He stated that this could mean an addition of 50 to 60 smaller typical garbage trucks per day at the RDF plant. City Council Minutes Page 15 May 17, 1993 ------------- The Building and Zoning Administrator updated the Council on the compost collection day scheduled for April 24. Councilmember Scheel questioned why the City only has one compost pick up day. She suggested choosing two days, or possibly paying extra money to have the compost picked up curbside. Councilmember Farber had questions regarding collecting hazardous waste during the clean up day. Steve Rohlf informed Councilmember Farber that hazardous waste is collected through Sherburne County. Steve Rohlf indicated that Gary Schmitz drafted a letter to the Tri -County Solid Waste Management Commission indicating the City's opposition to allowing the St. Cloud area hauler to bypass the transfer station and go directly to the RDF Plant. COUNCILMEMBER DIETZ MOVED TO AUTHORIZE GARY SCHMITZ, RECYCLING COORDINATOR, TO SEND THE LETTER ADDRESSED TO THE TRI -COUNTY SOLID WASTE MANAGEMENT COMMISSION REGARDING THE ISSUE OF BYPASSING THE TRANSFER STATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.12. Other Business Elk Park Center Update Steve Rohlf informed the Council that the Planning Commission will be holding a public hearing on the Elk Park Center project Thursday, June 10, at Salk Junior High Commons Area. D.A.R.E. Project Marly Glines indicated that the developers will be donating the lot for the D.A.R.E. to Build a House project. He questioned whether the City Council would be waiving the assessments for the lot and whether park dedication and building permit fees would also be waived. Councilmember Dietz suggested that staff prepare a memo listing the fees the City will be waiving. Hillside Estates Marly Glines indicated he is requesting an extension for the preliminary plat of Hillside Estates. He indicated that the extension is necessary due to the mitigation of the wetlands in the plat. COUNCILMEMBER HOLMGREN MOVED TO EXTEND THE PRELIMINARY PLAT APPROVAL OF HILLSIDE ESTATES FOR ONE YEAR UNTIL 4/20/94. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Gun Sales/Home Occupation • Steve Rohlf informed the Council that staff has received a request from Mark Palmer for a home occupation to sell guns. He stated that this requires a Federal Firearm License. He informed the Council that staff City Council Minutes May 17, 1993 ------------- Page 16 is has requested Mr. Palmer to apply for a conditional use permit. He further stated that Mr. Palmer will be going through the conditional use permit process in July as he will be out of town during the June Planning Commission meeting. Steve Rohlf indicated that past practice has been to allow businesses to continue while going through the conditional use process. Mayor Duitsman indicated he has received several citizen comments on the issue. He further indicated that he is certain that there are other individuals in the City that are selling firearms from their home and felt that staff should research this issue and treat all parties consistently. The City Attorney stated that the Council should direct staff to look at the issue of what should and should not be prohibited as a home occupational use. He stated that if staff needs time to research the issue, they have the option to adopt a moratorium. Following discussion regarding this issue, it was the consensus of the Council to inform the applicant of the conditional use permit that if he does not receive approval by the Council at a July Council meeting, he will be requested to cease operation at that time. The Council did not want the CUP request to be delayed until an August Council meeting. 8.1. Consider City Planner Candidates COUNCILMEMBER HOLMGREN MOVED TO HIRE SCOTT HICKOK AS THE CITY PLANNER. COUNCILMEMBER FARBER SECONDED THE MOTION. Mayor Duitsman indicated he felt the other candidate was more qualified. Councilmember Deitz indicated he researched both candidates and felt that Steven Ach would best meet the City's needs on a long term basis. Councilmember Scheel indicated her preference for Mr. Ach. The motion was withdrawn by Councilmember Holmgren and the second was withdrawn by Councilmember Farber. COUNCILMEMBER HOLMGREN MOVED TO OFFER THE POSITION OF THE CITY PLANNER TO STEVEN ACH. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was the consensus of the Council that if Mr. Ach does not accept the position, Mr. Hickok would be offered the position. The City Council authorized the City Administrator to negotiate the salary for the position with a six month probation. 8.2. Consider Wastewater Treatment System Operator Candidates COUNCILMEMBER SCHEEL MOVED TO HIRE GARY LEIRMOE FOR THE POSITION OF • WWTS OPERATOR STARTING 6/1/93 AT $11.06 PER HOUR. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Other Business City Council Minutes May 17, 1993 ------------- 0 East Highway 10 Utilities Page 17 The City Council discussed the issue of the WWTS expansion and extending utilities along East Highway 10. It was the consensus of the Council to hold an informational meeting regarding this issue for property holders up to 171st Avenue. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL ON JUNE 15, 1993, 7:00 P.M., AND DIRECTED STAFF TO PREPARE A LIST OF PROPERTY HOLDERS ALONG EAST HIGHWAY 10 TO 171ST AVENUE AND NOTIFY THESE INDIVIDUALS OF THE MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Administrator informed the Council that he would be meeting with the developers of the Barnier property and may have an opportunity to negotiate a park for the Barnier and Nord properties. 11. Check Register COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0/ 12. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 11:21 p.m. Respectfully submitted, Sandra Thackeray City Clerk 284571 DEVELOPER AGREEMENT HILLTOP WOODS ESTATES, PHASE I THIS AGREEMENT, made and entered into this 13 TW A day of July, 1993, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (the City), and DAVID AND KATHY GOW, (the Developer); W I T N E S S E T H: WHEREAS, the Developer has made application to the City for approval of a plat of land within the City described on Exhibit A attached hereto (the Subdivision); and WHEREAS, the City Council by resolution adopted May 17, 1993, has granted final approval to the Subdivision, on condition that Developer enter into an agreement with the City governing the provision of certain utilities, services and facilities to the Subdivision and the transfer of certain land interests and payments to the City, so as to fully comply with the Subdivision Ordinance; NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Warranty of Developer - Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer is the fee owner of the Subdivision. 2.) Imorovements - In accordance with the preliminary and final plats of the Subdivision, the City's approval thereof, and applicable standards and ordinances of the City, the following described improvements (the Improvements) shall be constructed and installed on the terms and conditions hereinafter contained: (01) Street grading, graveling and stabilizing, including constructing and sodding of berms, swales, and boulevards and planting trees on boulevards (Street Improvements); 280577 (02) Permanent street surfacing, including curbs, gutters and driveway approaches (Permanent Street Improvements); (03) Storm sewers, when determined to be necessary by the City, including all necessary catch basins, ditches, inlets, retention areas and other appurtenances (Storm Sewer Improvements); (04) Street name signs and such other traffic control signs and street lights within the subdivision determined to be necessary by the City (Street Sign and Light Improvements). 3.) Installation of Improvements - The Improvements will be installed at Developers expense by the Developer as hereinafter provided. (01) Types - The Developer will construct and install at Developers expense the following Improvements according to the following terms and conditions: Description of Improvement Streets, including Curb and Gutter Storm Sewer Street Sign and Lights Total Estimated Costs of Improvements (02) Comr-Aletion Date - All Improvements shall be completed not later than May 17, 1994. (03) alb roval of Contractor - Any contractor(s) selected by the Developer to construct and install any Improvement must be determined by the City to be acceptable and approved in writing. (04) Construction Plans - The construction, installation, materials and equipment shall be in accordance with the plans and specifications prepared by John Oliver and Associates, and approved by the City Engineer. Such plans and specifications shall be based upon such engineering surveys, including soil borings and material tests, determined to be necessary by the City Engineer. (05) Sur)ervision and City Services - Construction and installation plans and activity shall be reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) to furnish the City with a schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Improvements during and after construction for compliance with approved specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purposes. 2. 280571 (06) Cite Fees - Developer shall reimburse the City for all the Cityls costs and expenses incurred in the processing of the Subdivision and for review and supervision of plans and construction, which compensation shall be due and payable to the City within thirty (30) days following the receipt of a statement therefor. (07) Cross Sections - The Developer shall furnish the City with cross sections at fifty (50) feet stations of all streets in the Subdivision after initial grading. No utility work shall be commenced until the initial grading cross sections have been accepted by the City. Developer shall notify the City in writing of the contractor responsible for regrading approved sections after utility construction. (OS) Easements - The Developer shall convey to the City, prior to recording of the final plat and at no cost to the City, all permanent and temporary easements for the installation and maintenance of Improvements determined to be necessary by the City. All such easements shall be in recordable form acceptable to the City and contain such terms and conditions as the City may prescribe. (09) Insurance - Developer shall cause each contractor engaged in the construction and installation of any Improvement to furnish the City with evidence acceptable to the City showing such insurance coverage (including workers' compensation, liability and property damage) in such amounts as are required for City construction contracts. (10) Faithful Performance of Construction Contracts - Developer will fully and faithfully perform the installation and construction of Improvements in accordance with the approved plans and specifications therefore and shall comply with all terms of any and all contracts entered into by the Developer for the installation and construction of all such Improvements, at no expense to the City. Developer hereby guarantees the workmanship and materials respecting such Improvements for a period of one (1) year following the City's final acceptance of the Improvements and agrees to repair or replace, as directed by the City, and at Developers sole cost -and expense, any work or materials that become defective, in the sole opinion of the City, within said one (1) year period even though notice thereof be given by the City after said one (1) year period. (11) City AcQe- tanCe - The City shall accept, at no cost, ownership of all Improvements within thirty (30) days following receipt by the City of notice from Developer that such Improvements have been completed, provided that such Improvements have been constructed in compliance with the plans and specifications therefor and City requirements with respect thereto as determined by the City. 3. 280571 4.) Land Dedication - In full satisfaction of the dedication requirements of Section 1008.18 of the Subdivision Ordinance, the City agrees to accept and the Developer agrees to pay the sum of $2,800, to the City, which Developer agrees is equivalent to the fair market value of the land which it would be required to dedicate. The above sum shall be paid to the City prior to recording of the final plat. 5.) Security for Developer's Performance - (01) No work shall be commenced under this agreement until the Developer has filed with the City Clerk a cash deposit, a penal bond with corporate surety acceptable to the City, or an irrevocable and unconditional Letter of Credit substantially in the form attached hereto as Exhibit B from an Elk River bank acceptable to the City in the amount of ($_ ) (one hundred percent (1000) of the estimated cost of the Improvements. Said Letter of Credit shall provide that funds shall be paid to the City upon written demand of the City to the extent of default herein by Developer in the construction of the Improvements or in the payment of any sum required by the terms of this Developer Agreement to be paid by Developer to City. (02) Seventy-five percent (75%-) of the security required in accordance with the above shall be released following City acceptance of the Improvements. The remaining 25% shall be released following the expiration of the guarantee period specified in Section 3 (10), or one year following the City's acceptance of work required pursuant to said guarantee, if any. 6.) Additional Conditions - (01) Future Phases - The Subdivision is the first phase of a development which may include future lots. Final plat approval of future phases will be subject to such conditions as shall be imposed by the City Council at the time of final plat approval, including extension of Victoria Drive through the Subdivision to the north. No more lots will be allowed on Victoria Drive until and unless a connection to the City street system is made to the north so that Victoria Drive is no longer a dead end street. (02) Additional Re ulatory rovals - All additional regulatory approvals required for construction of the Improvements or development of the Subdivision shall be obtained before commencement of construction on the Improvements, including a construction permit from the County Engineering Department to have Victoria Drive connect to Meadovale Road. (03) Develo ment Plan - A development plan shall be submitted by Developer and approved by City staff prior to 4. 280571 recording of the final plat. The Development Plan shall include such information as staff shall direct. (04) Storm Sewer - Drainage and storm sewer design for the Subdivision must be approved by the City Engineer prior to recording of final plat. (05) Trees removed during construction of roads and houses shall have their stumps removed within 24 hours or have their roots severed from adjacent trees prior to removal. Root severing must be done to a depth of five feet. 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. (06) The temporary cul-de-sac must be extended to the north end of Lot 4 and made full size. That portion of the cul-de-sac that falls outside of the 60 foot right-of-way must be secured by temporary easements that are automatically released when the road is extended. (07) The drainage and utility easements that extend north and east from the right-of-way in the Subdivision must also be dedicated through easement documents to the City for roadway purposes. (08) Developer shall pay the City for first sealcoating of streets in the Subdivision in the amount of $2,511.00, prior to recording of the final plat. (09) Developer shall install street lights as directed by the Elk River Public Utilities. 7.) General Provisions - (01) Building and Occu anct- Permits - If the Developer fails to comply with any of the provisions hereof, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. City will not issue any building permit for any lot or parcel in the subdivision until all roads are graded and gravel subbase and base have been installed and approved by the City Engineer and roads are ready for bituminous surfacing. City will not issue any Certificate of Occupancy for any building constructed on any lot or parcel in the Subdivision until all Improvements are completed and approved by the City Engineer and/or the City Building and Zoning Administrator, except that a Certificate of Occupancy can be issued before bituminous surfacing of roads, if such surfacing is not possible because of weather conditions. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this Contract and the obligations and restrictions created herein prior to the completion of a sale. Further, Developer agrees 5. to save and hold the City harmless actions arising from the right to such permits and certificates and hereof. 2805'71 from any and all claims or withhold the issuance of from other provisions (02) Binding Effect - The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by the Developer. (03) Severable - In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (04) Waiver - Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (05) Notices - All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: If to the Developer at: City of Elk River Attn: City Administrator 13065 Orono Parkway P.O. Box 490 Elk River, Minnesota 55330 David and Kathy Gow 20493 Meadovale Road Elk River, Minnesota 55330 (06) Final Plat Approval - The City's final approval of the Subdivision plat is hereby made conditional upon the execution and delivery of this Agreement and the City's receipt of all petitions, security and other items specified herein. (07) Filina of Final Plat and Develo er A reement, - Before construction commences on the Improvements, the Final Plat of the Subdivision and the Developer Agreement must be filed and recorded and all necessary easements shall have been conveyed to the City, unless the City Building and Zoning Administrator go 2845'71 authorizes in writing the commencement of limited construction activities. (08) Deadline for Performance b Developer - Except as otherwise provided herein, Developer agrees to complete all improvements and perform all other acts as are required by the Subdivision Ordinance, other applicable ordinances and the terms and conditions of Subdivision approval established by the City and to do so on or before May 17, 1994. (09) Incornoration baa, Reference - All plans, special provisions, proposals, specifications and contracts for the Improvements to be made pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. (10) No Reulacement - This Agreement is in addition to and is not in replacement of the terms and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and Right to Object relating to the Subdivision executed by Developer. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. 7. CITY OF ELK RIVER By: Its: Mayor By:� Its: City Administrator DEVELOPER By: Lim David Gow By: Kathy Gow 2805'1. STATE OF MINNESOTA ) ) SS. COUNTY OF SHERBURNE) The foregoing instrument was acknowledged 'efore me this day of x, 1993, by and �.'' the Mayor and City Administrator, respectively, for the City of Elk Rive , Minnesota. STATE OF MINNESOTA ) ) SS. COUNTY OF SHERBURNE) The foregoing i strument day of x SHARON L.SHERWOOD NOTARY PUBLIC - MINNESOTA f SHERBURNE COUNTY My Comm. Exp. June 25,1997 - -- _ Yi' otary Public SANDRA A. THACKERAY N3ARY PUBLIC - MINNESOTA ' -. SHERBURNE COUNT, v My Comm Exp. June 17, 1 sa was acknowledged before me this 1993, by David Gow and Kathy Gow. J/z Z' THIS INSTRUMENT WAS DRAFTED BY: Notary Public LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (PKB) 2 8 0 5 1 1 BY .� �s'L'TY JUL 29 f 41 PH '93 s . LL PKB : IHOs � , r -.--. 280571 EXHIBIT A LEGAL DESCRIPTION The Southeast Quarter of the Southwest Quarter of Section 18, Township 33, Range 26, Sherburne County, Minnesota. 2805'71 EXHIBIT B IRREVOCABLE LETTER OF CREDIT NO. TO: The City of Elk River, Minnesota We hereby issue an irrevocable stand-by Letter of Credit No. _ in favor of the City of Elk River, Minnesota (the "City"), for account of_ (the "Developer"), which is available by negotiation of City's draft at sight on or before the day of , 19_, for 1000 of statement value, up to an amount not to exceed Dollars ($_ _), accompanied by a written statement, substantially in the form of the written statement attached hereto as Exhibit A, executed by the City Administrator of the City or his designee, bearing the number of this Letter of Credit and stating that the amount of the City's draft covers the indebtedness of the Developer to the City provided for in the Developer Agreement by and between the City and the Developer, dated as of the day of , 19 We hereby agree with the City that all drafts drawn under and in substantial compliance with the terms of this credit will be duly honored on presentation. The credit shall be construed in accordance with the laws of the State of Minnesota including, in particular, Minnesota Statutes, Sections 336.5-101 to 336.5-117 (Uniform Commercial Code, Article 5, Letters of Credit). By: Its: PKB:IHOs EXHIBIT A T0: 280571 The undersigned City Administrator (or designee of the City Administrator) of the City of Elk River, Minnesota (the "City") hereby states that the amount of the draft accompanying this statement covers the indebtedness of _ (the "Developer") to the City provided for in the Developer Agreement by and between the City and the Developer dated as of the day of 19 The accompanying draft is drawn on Irrevocable Letter of Credit No. City of Elk River, Minnesota By: PKB:IHOs Planning Commission Minutes July 24, 2001 Page 4 that they have not spoken with the school district. He felt that it makes sense to service this area and that it will have a positive impact. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Schuster asked Mr. Maurer his opinion on the issue. Mr. Maurer stated that he was in agreement that it would be more cost-effective to combine areas to be serviced, rather that to "piece -meal" services to only 11 lots. He stated that the system would have to be looped to service a small area. Chair Pederson, Commissioners Franz, Schuster and Baker expressed their concurrence that it makes more sense to consider this whole area. Commissioner Schuster stated that he would like to know how the other property owners feel about the issue. Mr. Maurer stated that approximately 200 acres of the area designated for services in 2007 has already been approved or approval is requested for services at this time. Mr. Harlicker stated that there is the same situation on 1815 Avenue, where there are smaller parcels and services are being extended to larger parcels for development. Discussion followed regarding various options for acting on the request by the applicant. Mr. Harlicker stated that the Commission could either approve or deny the request, or table the request until such time as the area can be looked at as a whole. City Attorney Peter Beck stated that the Council would need to determine whether or not this property should have been included in the urban service district in the first place, and, if the 2007 date should continue to be used as a guideline for development. He stated that it is • the City Council's policy to request the developer/property owners bear the entire cost of extending utilities. He stated that the City Council has the discretion to deny a request for extension of utilities prior to 2007, if they choose. He felt that when the 2007 date was established, the issue was staging the city's ability to build the infrastructure and also to allow the property owners time to make decisions. City Attorney Peter Beck asked if the applicant was willing to waive the required 120 day time period for action on his application by the City Council. Mr. Brown, representing the applicant, stated that they would be willing to waive the time limit and would provide a letter stating so to staff. 5.3. COMMISSIONER BAKER MOVED TO TABLE INDEFINITELY THE REQUEST BY CASCADE LAND COMPANY, LLC FOR A LAND USE MAP AMENDMENT TO INCLUDE CERTAIN PROPERTY IN THE URBAN SERVICE DISTRICT. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. CHAIR PEDERSON MOVED TO RECOMMEND THAT THE CITY COUNCIL CONSIDER THE ENTIRE 80 ACRE SITE FOR INCLUSION IN THE URBAN SERVICE AREA, AS OUTLINED BY STAFF. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report by Scott Harlicker. Dynamics Design and Land Co. requests preliminary plat approval for a 20.16 acre clustered single family development. The applicant is allowed 8 Planning Commission Minutes July 24, 2001 Page 5 lots based on the zoning district, plus an additional 3 lots for density bonuses for a total of i11 lots. Mr. Harlicker reviewed the density bonus detail, streets, lot sizes, open space provisions, grading, drainage and utilities, landscaping and environmental issues. The Park and Recreation Commission has recommended payment of park dedication fees in the form of cash, and that the applicant provide a trail easement along 207th Avenue, across Outlot B along the north boundary of the plat. Staff recommends approval of the plat with the 21 conditions listed in the staff report. Chair Pederson opened the public hearing. Steve Hickman, 20562 Victoria Drive, stated his concerns regarding oak wilt. He explained that he trenched his lot when building his home in order to preserve trees and he still lost trees. He felt that the lighting proposed for this development should be extended to their existing development to provide continuity. He also expressed concern that the homes built in this development would not be comparable to the homes in the existing neighborhood. Mr. Hickman stated that his main concern was the developer's agreement for Hilltop Woods Estates stating that any future phase of the development is subject to a condition that not more lots can be developed without an additional access to County Road 32. Jim Brown, representing Dynamics Design and Land Co., applicant, stated that he has been working with the County Forester, Tim Edgeton, and that he has received a written response from him which was forwarded to Mr. Harlicker, regarding oak wilt prevention He stated that the home values proposed for this development will be upscale and "higher end" pricing. He stated that he was not aware of any agreement requiring a through -street to be . built before development can occur. Mr. Brown stated that eventually through -streets will occur as development continues and there would be 30 — 64 additional lots in this area. He stated that he has contacted the County Ditch Inspector and he has no concerns. Drainage calculations will be going to Mr. Maurer for his review. Mark Malzahn, 20590 Victoria Drive, stated that the residents living in Hilltop Woods Estates have relied on the information in the developer's agreement which was recorded with their deeds, stating that no development can occur until Victoria Drive is extended to a thru-street. He did not feel the proposed development would have any continuity with their development, since their lots are 3 acres and homes are valued in excess of $200,000. He did not feel the property was suitable for cluster development and did not feel a comparable home could be built on the small lots being proposed. Anthony Pestello, 20511 Victoria Drive, expressed his concern for safety without another street outlet. He did not feel a cluster development was consistent with their existing development. Mr. Pestello expressed his concern for possible tree loss. He stated that he also trenched his property, spending thousands of dollars, and he still lost approximately 2,000 oaks. He felt that he had done a good job of saving trees and asked that the Commission make sure all measures were taken to save trees in this proposed development. Micke Juillerat, Lot 5, asked if the City ordinance does not allow a cul-de-sac to be more than 700 feet, how could this development be approved. Mr. Maurer explained that it has been City policy to allow "temporary" cul-de-sacs and require road connections be established within the plat for future extension when adjacent properties develop. • Mr. Juillerat felt that the turn onto Victoria Drive off County Road 32 was too sharp, and that this was a safety concern that should be taken into consideration. He noted that the Planning Commission Minutes July 24, 2001 Page 6 school district had to change the bus route so they come in from the north, because they could not make the turn from County Road 32. Mr. Brown stated that they have followed the guidelines of the city's ordinances regarding lot sizes, density and design. He explained that the cluster ordinance encourages smaller lots. He stated that they are willing to look at the covenants of Hilltop Woods Estates when establishing covenants for the proposed development. He stated that three future road connections have been provided for in the plat. Mark Malzahn, 20950 Victoria Drive, felt that this area is an extension of the existing Hilltop Woods Estates, and since cluster development was not allowed when it was developed, this area should not be developed as a cluster. He asked if a turn -around would be provided for the school bus. Mr. Maurer stated that a temporary turn -around would be required at the north end of the plat. Mr. Malzahn asked that the Commission deny the plat as proposed. Commissioner Baker asked where the condition came from which was in the developer's agreement. Mr. Harlicker stated that the condition was not mentioned in the City Council minutes where the conditions are typically listed as approved. Peter Beck, City Attorney, stated that although the developer's agreement condition is a point to consider, the City is not obligated to deny the plat on that condition alone. Commissioner Mesich asked if there was a preliminary plat or concept for this area. Mr. Harlicker stated that he could not find one on file. Mr. Harlicker noted that it would be • possible to subdivide the property into 8 lots under the present zoning. Commissioner Mesich stated that he was concerned that if this developer's agreement was added to each of the Hilltop Woods Estates property owner's abstracts, there may be basis to deny the plat. Mr. Brown asked Mr. Beck at what point a developer's agreement is satisfied. Mr. Beck stated that typically it is satisfied once a project is closed out. Commissioner Mesich stated that he felt Outlot C is an extension of what was intended to be a buffer zone from the gun club and that he was not sure about giving a density bonus for this open space. He also would like to see elevations to determine if a density bonus for an architectural theme is appropriate. Commissioner Baker stated that Outlot C is separated form the homes and he would like to see the open space adjacent to the homes. Chair Pederson sated that he would rather see this area developed with eight 2-1/2 acre lots. He cited concerns regarding the condition of the developer's agreement, the long -cul-de-sac, and traffic safety issues. Commissioner Mesich expressed concern that the city could disregard the original developer's agreement. Commissioner Ropp asked how long Victoria Drive would be, if it were not connected with a through -street. Mr. Maurer estimated it would be 1,300 feet. Mr. Harlicker stated that there are also three other possible future road connections. . There being no further public comment, Chair Pederson closed the public hearing. Planning Commission Minutes July 24, 2001 Page 7 COMMISSIONER FRANZ MOVED TO RECOMMEND DENIAL OF THE PRELIMINARY PLAT FOR HILLTOP WOODS ESTATES 2ND ADDITION BASED ON THE FOLLOWING FINDINGS: 1. THE EXISTENCE OF A DEVELOPER'S AGREEMENT FOR HILLTOP WOODS ESTATES WHICH STATES THAT NO FURTHER DEVELOPMENT WILL OCCUR UNTIL VICTORIA DRIVE IS EXTENDED AND CONNECTED WITH A THROUGH -STREET. 2. THE CUL-DE-SAC PROPOSED IN THE HILLTOP WOODS ESTATES 2ND ADDITION PRELIMINARY PLAT WOULD BE SIGNIFICANTLY LONGER THAT ALLOWED BY THE CITY'S ORDINANCE. 3. THE PRELIMINARY PLAT DOES NOT MEET THE CLUSTER ORDINANCE CRITERIA AS STATED IN THE CITY OF ELK RIVER'S CLUSTER ORDINANCE REGARDING DENSITY BONUSES. COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.4. Request by Loucks Associates (Qwest Wireless) for Zone Change from Al (Agricultural) to AT (Antenna Overlay, Public Hearing —Case No. ZC 01-05 5.5. Request by Loucks Associates (Qwest Wireless) for Conditional Use Permit for Cellular Communication Tower, Public Hearing - Case No. CU 01-25 • Staff report by Scott Harlicker. Loucks Associates, on behalf of Qwest Wireless, requests a zone change and conditional use permit for a wireless telecommunication tower and equipment pad. Qwest proposes to lease a 27' by 22' area at 21475 Highway 169 in order to construct a 150' self-supporting mono -pole to support their wireless PCS antennas. In order to construct the proposed tower, a rezoning to AT is required. Mr. Harlicker reviewed issues associated with the conditional use permit regarding co -location and construction requirements, and design standards. He then reviewed the findings for the rezoning. Staff recommends approval of the conditional use permit and the rezoning based on the three findings listed in the staff report. Commissioner Baker asked if there would be vegetation around the fence. Mr. Harlicker stated that the entire site is surrounding by woods. Commissioner Mesich asked if tree preservation measures would be required. Mr. Harlicker stated that the applicant is working with the County Forester, Tim Edgeton. Chair Pederson opened the public hearing. Jared Anderson, representing Loucks Associates, stated that they are aware of the oak wilt problems in this area and that they are working with Mr. Harlicker and Mr. Edgeton to minimized the amount of tree -cutting as much as possible. He explained that the access will be a straight connection, running at angle to the tower site, so that it can't been seen off-site. Mr. Anderson stated that they would be willing to stake the area so that the area outside of it will not be disturbed. 0 HILLTOP WOODS ESTATES SECOND ADDITION BNOW ALL PERSONS BY MESE —EN.: mot rn ovnx d thn rolroxing d—d propMy situatne in the County or sh—d Stot6 xa: 0! Minmsoto, to Lot 4. Block I. HILLTOP WOODS ESTATES. SMr0u1ne County. Minnesota. curreyee one Plat- os NII1MP 111t(W ESTATE SEfANM ADOIIpN ane goes handy end M Cly or Elk River for Pudllc uen rorever tan P.— xay os groin on 1ma plot. And also eedicaenp to the Cey of Elk m'vm for Pudic — lomm 1M easements as moxa on ttnv qq for drmmge oM utildy P.M.. only. In •ilness —1- mid — ,has Mrcunld set ___ MM 1ma d.y l esoto (PRntee N me) N CDantY er 3 88.61'03' mis i—t ids ddkndxlmgee Mrorn me mis _ear I zo_, by ---------------- R PUBLIC ROAD ROAD x y Camndnion E, Co Y, mnemta Mi; m t n unrryrccm one pottm th r directly supe ;ixaed' to ging ane plattk,g of- Ione m the plat os N11W 1100 t ESTATES SEfON0 Sued. 11$ Pcdt os Y N oa �menlalion dllt, C Mundary survry; t IOMs and voter Ooundonea and ere Y orc yhtiyigcnetednd IOEeleE let; a a Ninneso roietM d or I he date of m Mificotion, a xe .11 P.- x xn a as definm n to Statutes n ------ ---- t- Licmae N. Stale Nmxe as Cdunty dl wngnt me 1P,nP,g Surveyorl CMdicate vos acknovlmged Mrorc me mis doy Pf 20 0y ____________. Land Surrcyor, Ninnmota Licmm No. APPravee ane dcce,- by tM Ely C.— dl me City M Ek, River, Sh-- Cdunty, Minneseto, e1 a mn 9 Mle Innd.y 1 Att Mrmy Fy t— Pieper mdnriee Pf hnn has sem Prmmtnd td and nsomi y .and I —I, eppreve t 's pot os to lomr ane nmveon t y x ver y henry %,.— to SheNume County P'ef — Num m 0 I hercdy —ify that Na pat s edea mm a ane opp.—.das to cwglianc6 nth CMpnr 6O6,d06, xmneega Statutes 1. ay Pf — y urvryor MrsEy —tiny I— pdyaxe in M yedr m Inns nein encrTed ars pale M lull, ane lhme ere no dMrpunnt tads, and — trdmfm sea mlerm tM1is d.y Pf ]tL_. otory PuNiC County. Minnesota My Commission ExPirm VICINITY MAP SECTION 18. T. 33, R. 26. SHERBURNE COUNTY. MN (NO SCALE) F-21 AVE. N T11MA JE 3 211TH 11, N.N. s S SITE d,(P Bv.v F. $$ �5 r, LOT 1 U „fig' j LOT I BLOCK 1 j BLOCK 2 Inr n U� U I \ \ z�l \ \\ -----------------w r /t—r/l l A /I \L /� I � � I�i —T -N 818.00'08` B ELA/,—C ""'V,�_C _ �I � �_F'T el�411, 0 IW Z00 J00 GRAPHIC STALE IN FEET 1 INCH = 100 FEET FOR THE PURPOSES OF IRIS PLAT. ME SOUTH LINE CF ME SOUTHEAST WARIER OFTHE SDUMMEST QUARTER OF SECTION IB, 1 33.R 26 IS ASSUMED TO BEAR NORTH B9TW'06" EAST. LVaMd9e andu Y ae mem Inas mien Stt 5 nag St m .dj.., dI a I"'. hef Ih m , and yn a egad- - r es os mom m In mol. dAP® SERVOCE8 Carlton, Zachary From: Linda Schultz <Theschultzconnection@kw.com> Sent: Wednesday, June 12, 2019 6:09 PM To: Carlton, Zachary Subject: [EXTERNAL] 20655 Victoria Drive Land Split Hi Zach, In regards to the land split for 20655 Victoria Drive, I am hereby requesting additional time to review the Developers Agreement with a real estate attorney familiar with these documents. I have attorneys that are willing to review it but they are all too busy to be able to look into this with the short notice. They feel there are discrepancies with the document but need time to research it further. Please grant me the additional time needed to accomplish this. Thank you. Linda Schultz Linda Schultz Associate Broker / REALTOR, GRI, CRS, CLHMS cell: 763-464-4040 direct: 763-463-7545 Keller Williams Classic Realty Northwest 7365 Kirkwood Court N, Suite 200, Maple Grove 55369 The Schultz Connection Linda Schultz, Josh Dieterichs, Sue Guy, Kelley Bader www.TheSchultzConnection.com r^ k)NKI 1, E' F", i t I M.ASS11[', raEraa.Tr rarmravuaWES'r If you do not wish to receive future emails, please click the link to Unsubscribe: Unsubscribe.