7.11. SR 06-21-1993
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ITEM 7.11.
TO:
MAYOR & CITY COUNCIL
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FROM:
STEPHEN ROHLF, B & Z ADMINISTRATOR
DATE: JUNE 16, 1993 ~)(
SUBJECT: FINAL PLAT REVIEW OF THE FIRST
PHASE OF MEADOWVALE HEIGHTS BY
DENNIS BACKES (CASE # P-93-04)
The first phase of Meadowvale Heights consists of 49 City
sewered and watered lots. Many of the stipulations placed on
the preliminary plat have been satisfied. The following are
the recommended stipulations for final plat approval:
1. Wetlands - The developer has delineated the wetlands and
provided joint notification to the required State
agencies. Staff is still awaiting comments from these
other agencies before the Technical Evaluation Panel
reviews a mitigation plan. A permit will also be required
from the Army Corps of Engineers.
In this first phase, the developer is proposing to fill a
portion of the wetland in the location of 193rd Avenue in
the southeast corner of the plat. Staff feels it is
appropriate to fill this wetland to keep 193rd Avenue in
the plat lined up with 193rd Avenue east of Meadowvale
Road.
Lot 7, Block 5, was made into one large lot instead of the
two originally proposed so that no wetland needs to be
filled to create this lot. This is also the case with the
wetland between Lots 5 & 6, Block 5.
STAFF RECOMMENDS FINAL PLAT APPROVAL IS CONTINGENT UPON
APPROVAL OF AN ARMY CORPS OF ENGINEERS PERMIT TO FILL THE
WETLAND IN QUESTION, AN APPROVAL BY THE TECHNICAL
EVALUATION PANEL OF THE PROPOSED MITIGATION PLAN, AND THAT
THE COST OF MITIGATION IS COVERED UNDER THE LETTER OF
CREDIT.
2. FINAL PLAT APPROVAL IS CONTINGENT UPON THE FOLLOWING
PERMITS:
a. DEPARTMENT OF HEALTH PERMIT for the extension of
water
b. AN MPCA PERMIT for the extension of sewer;
c. A DNR PERMIT for dewatering, if necessary;
d. A CONSTRUCTION PERMIT from the Sherburne County
Engineering Department to access Meadowvale Road.
P.o. Box 490 0) 13065 Orono Parkway G Elk River, MN 55330 €l (612) 441-7420 @ Fax: (612) 441-7425
Final Plat, Meadowvale Heights
June 16, 1993
Page 2
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Preliminary plat approval also included an NPDES permit
from MPCA for grading. The State has suspended this
permit until January 1, 1994, so it will not be required.
3. County Ditch County Ditch 28 crosses the western 40
acres of Mrs. Barnier's property which is not included in
this first phase. However, drainage from this phase will
ultimately end up in that ditch. County Ditch 31 also
crosses the southern 40 acres of Mrs. Barnier's property.
Staff has been working with the County regarding these
issues.
STAFF RECOMMENDS:
a. NO INCREASED RUNOFF BE ALLOWED FROM THIS PLAT TO
EITHER COUNTY DITCH 28 OR 31.
b. THE COUNTY, WITH THE BENEFIT OF THE CITY ENGINEER'S
REVIEW AT THE DEVELOPER'S EXPENSE, APPROVES THE
DRAINAGE PLAN. Preliminary plat indicated this must
be done prior to final plat approval. Staff believes
the developer will have it accomplished prior to
Monday night's meeting. If not, final plat approval
could be contingent upon the County approving the
drainage plan prior to recording the plat. Failure
by the developer to gain County approval of this plan
could result in the redesign of the plat.
c. THE DEVELOPER WORK WITH THE COUNTY REGARDING A
REDISTRIBUTIONMENT AND POSSIBLE REDETERMINATION OF
FUTURE DITCH ASSESSMENTS ONTO THE INDIVIDUAL LOTS IN
THE PLAT PRIOR TO RECORDING IT. Staff has been
working with Kathy Heaney of the County Attorney's
Office who is satisfied with this condition. The
developer will have to enter into an agreement with
the County prior to recording the plat.
d. THE DEVELOPER IS RESPONSIBLE FOR WHATEVER
IMPROVEMENTS ARE NEEDED TO THE DITCH SYSTEM TO HANDLE
THE DRAINAGE FROM THE PLAT.
e. THE DEVELOPER GRANTS THE COUNTY RIGHTS, IN A FORM
DETERMINED BY THE COUNTY, TO THE DITCH IN THE
SOUTHEAST CORNER OF THE PLAT (DITCH 31) PRIOR TO
RECORDING. It appears the County will be requesting
a 30 foot wide easement.
4. OUTLOT A AND B ARE DEDICATED TO THE CITY.
5. A DEVELOPMENT PLAN, ROAD PLAN, GRADING AND DRAINAGE PLAN
ARE APPROVED BY THE CITY ENGINEER. These plans appear to
be appropriate. Terry Maurer, City Engineer, is
finalizing his review and will report to the Council on
Monday night. A stipulation on the preliminary plat
Final Plat, Meadowvale Heights
June 16, 1993
Page 3
stated that these plans had to be approved prior to final
plat. If they are not found to be appropriate by Monday
night, the Council could place a stipulation on final plat
that they are approved prior to recording the plat.
However, the developer would have to be aware that changes
to these plans could result in a redesign of his plat.
6. ALL SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS DONE BY
THE DEVELOPER PRIOR TO CITY ACCEPTANCE OF THE IMPROVEMENTS
IN THE PLAT.
7. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER ASSOCIATION
FOR THE CONSTRUCTION OF THE ROAD WITHIN THEIR EASEMENT.
The developer has gotten preliminary approval from United
Power Association.
8. Park The Park and Recreation Commission has
reconsidered the issue of parks within this plat. They
are in agreement with the developer on what is proposed,
which includes:
a. THE WESTERN 40 ACRES OF MRS. BARNIER'S ORIGINAL 120
ACRES BE DEDICATED AS PARK.
b. A 20 FOOT WIDE TRAIL BETWEEN OUTLOT A AND OUTLOT B
BE DEDICATED (shown on Page 2 of the plat).
c. A 20 FOOT WIDE TRAIL BETWEEN LOT 21, BLOCK 1, AND
LOT 6, BLOCK 2, BE DEDICATED.
d. SEVENTY FEET OF RIGHT-OF-WAY ON ELGIN COURT AND
195TH AVENUE, TO ACCOMMODATE A TRAIL, BE DEDICATED.
e. A 20 FOOT WIDE TRAIL BETWEEN LOTS 4 & 5, BLOCK 3, BE
DEDICATED.
f. THE ABOVE LISTED STIPULATIONS ARE IN LIEU OF ALL
PARK DEDICATION FEES FOR THE FIRST AND SECOND PHASE
OF THIS PLAT.
9. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES FOR
THIS PLAT. The developer has escrowed for these plans and
specs and the City Engineer is close to being finished.
10. THE DEVELOPER PROVIDES TEMPORARY EASEMENTS ACCEPTABLE TO
THE CITY ENGINEER FOR TEMPORARY TURNAROUNDS FOR ELGIN
COURT ON THE NORTH END OF THE PLAT AND ELGIN DRIVE ON THE
SOUTH END OF THE PLAT PRIOR TO RECORDING.
11. IMPROVEMENTS IN THE PLAT ARE COMPLETED WITHIN ONE YEAR
FOLLOWING THE DATE OF FINAL PLAT APPROVAL.
12. PRIOR TO RECORDING THE PLAT, THE DEVELOPER PROVIDE THE
CITY WITH A LETTER OF CREDIT FOR 100% OF THE ESTIMATED
Final Plat, Meadowvale Heights
June 16, 1993
Page 4
COST OF THE IMPROVEMENTS IN THE PLAT, INCLUDING THE COST
OF WETLAND MITIGATION. FURTHER, THAT A 25% WARRANTY BOND
IS REQUIRED FOR A ONE YEAR PERIOD FOLLOWING CITY
ACCEPTANCE OF THE IMPROVEMENTS IN THE PLAT.
13. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE
AGREED TO THROUGH A DEVELOPERS AGREEMENT PRIOR TO
RECORDING THE PLAT.
14. THE DEVELOPER PAY FOR THE FIRST SEAL COATING OF THE ROADS
IN THE PLAT, AS ESTIMATED BY THE CITY ENGINEER, PRIOR TO
RECORDING THE PLAT.
15. THE DEVELOPER PAY A WATER AVAILABILITY CHARGE OF $300 PER
LOT TO THE ELK RIVER MUNICIPAL UTILITIES PRIOR TO
RECORDING THE PLAT, WHICH WOULD TOTAL $14,700 FOR THE 49
LOTS.
16. LOT 5, BLOCK 3, BE RENUMBERED SO THAT IT IS INCLUDED IN
BLOCK 4.