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4.3. SR 10-25-1993 r/---\) ( 1I Ilk ITEM 4.3. TO: FROM: MAYOR & CITY COUNCIL STEVEN B. ACH, CITY PLANNER~ OCTOBER 25, 1993 DATE: SUBJECT: REQUEST FOR FINAL PLAT OF HILLSIDE ESTATES 2ND ADDITION BY RICHARD FOSTER BACKGROUND On April 20, 1992, Mr. Foster received preliminary plat approval from the City Council to develop 36 acres lying north of 193rd Avenue alignment, east of Highway 169, into seventy-four single family lots. The preliminary plat includes two phases of which the first phase consists of fifty lots and was finalized by the City Council on May 18, 1992. e One of the issues pertaining to Hillside Estates development is the availability of city sewer and water. However, with the Council's recent action ordering the construction of a new water tower in Hillside Estates, availability of water has become less of an issue. On the other hand, the trunk sanitary sewer intended to serve this area is not in place. The entire Hillside Estates development is planned to be served with a trunk sanitary sewer line that is presently located at the intersection of School Street and Freeport Avenue. In order to develop Phase I of Hillside Estates, the City Council agreed to allow Mr. Foster to hook up on a temporary basis to the sanitary sewer system designed to serve the area south of 193rd Avenue and east of Highway 169. In addition, the temporary connection was based on calculations done by Terry Maurer's office to determine the available capacity in the sanitary sewer line. This available capacity was determined to be limited to the fifty lots that were platted as part of Phase I of Hillside Estates. ANALYSIS The concern staff has with allowing Phase II to proceed forward at this time is twofold: (1) The decision at the time that Hillside Estates was preliminary platted, a condition was attached that trunk sanitary sewer and water utility lines be available prior to finalizing Phase II. (2) Although there is technically sewer capacity in the existing sanitary sewer line, the question remains, "should the City allow develop to hook up temporarily" and if so, "who receives that available capacity". e To complicate the issue further, Mr. Foster has not been the only property owner in this area asking for the use of P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 e e e available capacity in the sewer line. Representatives from SuperAmerica have approached staff asking if they can construct a gas station at the southeast corner of Highway 169 and 193rd Avenue. This proposal requires installation of temporary utility lines until the planned trunk lines are available. The City Council, at the October 19, 1992, meeting continued SuperAmerica's request indefinitely until city sewer and water were made available to the site. Most recently, staff reaffirmed Council's position by informing SuperAmerica that they cannot proceed forward with their development until the trunk sanitary sewer line is made available. RECOMMENDATION In conclusion, it is difficult for staff to recommend approval of the expansion of a development that takes advantage of available sewer capacity in an adjacent district and deny another developer that same opportunity. Therefore, staff is recommending that Phase II of Hillside Estates be delayed until the City Council awards the contract to extend the planned trunk sanitary sewer line to serve the Hillside Estates area from School Street and Freeport Avenue. If the Council wishes to take an affirmative action on Mr. Foster's request, staff would recommend this item be brought back at the next City Council meeting with a resolution of Final Plat approval and appropriate conditions from Mr. Maurer and myself to allow Phase II of Hillside Estates to proceed forward. ATTACHMENTS -Memo from Terry Maurer -Memo from Pat Klaers -City Council minutes dated April 20, 1992 -City Council minutes dated October 19, 1992 -Final Plat Hillside Estates 2nd Addition OCT-21-93 THU 8:26 MSA CONSULTING ENGINEERS FAX NO. 6126449446 P. 02/03 e I~ &1erlJ Pm Drive St. Palll, HI 5511lS.32lI! &12-544-4389 e hI: &l2.&H.9H& 9SIIlSlMdPliway,8te. ~ J1iDueQOliB.I~ ~4J.5451 &J241&.um Fit 5]2.544-&39& October 20, 1993 File: 230-199-20 Mr. Steve Ach City Planner City of Elk River 3065 Orono Parkway Elk River, MN 55330 RE: Hillside Estates 2nd Addition Sanitary Sewer Capacity Dear Mr. Ach: As requested, I have prepared this correspondence which is intended to summarize the issues relative to sanitary sewer capacity in the areas of Cherryhill Bluffs 2nd Addition and the Hillside Estates Addition. This summary is from my recollection of the events that took place. I have not taken the time to research all the files to document the specific dates of each action. I recall that Mr. Foster brought in a preliminary plat of Hillside Estates and subsequently brought in a final plat of Hillside Estates 1 st Addition which contained 50 lots. During the construction of this project, he subsequently brought in Cherryhill Bluffs 1st Addition which added an additional 10 lots, bringing the total of new platted lots in the area to 60. At that point in time, the Elk River Municipal Utilities, through Bob McCartney, indicated that there was no more additional water capacity, therefore no additional lots would be allowed to be platted in this area. Mr. Foster later attempted to bring in the plat of Cherryhill Bluffs 2nd Addition, which was denied due to the lack of water capacity. The Municipal Utilities were proceeding on a course to construct a new elevated water tower and other necessary water improvements to add the necessary capacity to this developing area. At that point in time, Mr. Foster brought Cherryhill Bluffs 2nd Addition back in and the preliminary plat was approved. At about the same time the City authorized a study of the sanitary sewer in the area to determine how much additional capacity was left in that line. In a letter from myself to Pat Klaers dated Apri115, 1993, I summarized the findings. The conclusion was that the existing sanitary sewer line did have enough capacity to serve additional flow from the Cherryhill Bluffs 2nd Addition, the MnDOT garage, the area south of the MnDOT garage, and the Elk Hills area. We also concluded that with these projected additional flows, the sanitary sewer in the area would be at its effective capacity and any additional extension should be carefully evaluated. OCT-21-93 THU 8:27 MSA CONSULTING ENGINEERS FAX NO. 6126449446 P. 03/03 e Mr. Steve Ach October 20, 1993 Page Two I understand that Mr. Foster is now proposing that the additional lots approved in the preliminary plat of Cherryhill Bluffs 2nd Addition that were not platted in the final platting process be traded for the platting of Hillside Estates 2nd Addition. I have three concerns with this proposal. They are as follows: 1. I question whether or not the City has the right to reject the final plat on the remaining lots within the Cherryhill Bluffs 2nd Addition since a preliminary plat has been approved on that entire subdivision. 2. The one big difference between providing sanitary sewer capacity to Cherryhill Bluffs 2nd Addition vs. Hillside Estates 2nd Addition is that the former will always flow southerly through the existing sanitary sewer whereas the latter is intended to flow westerly under TH 169 and ultimately to the interceptor sewer south of School Street. By allowing Hillside Estates 2nd Addition into the sewer that is existing in the area you are creating another temporary connection. These temporary connections have a tendency to become more permanent in nature. The more lots that are connected temporarily, the less incentive there is to ultimately provide the extension of trunk sanitary sewer to serve this entire area. e 3. The third issue is a question of how best to allocate available capacity. Is it proper to allow Hillside Estates 2nd Addition to be temporarily connected to the existing sewer to the south when the proposal for a SuperAmerica was recently rejected due to the fact that sewer was not available? The proposed SuperAmerica could also have been temporarily connected to the existing sanitary sewer. I hope this summary of the recent events relative to sanitary sewer capacity is helpful in your consideration of the proposed plat. If you have any questions or need additional information from me, please call. Sincerely, MSA, CONSULTING ENGINEERS TSZ!~ TJM:ds e I 99-201 8.0CT A.( -\.( ( ;; .Yl~' E I\. River TO: MAYOR & CITY COUNCIL FROM: PAT KLAERS, CITY ADMIN~~OR \....(;y--d;r. .--/ \ .' .- \,-"./ SECOND ADDITION DATE: OCTOBER 21, 1993 SUBJECT: HILLSIDE ESTATES FINAL PLAT I have reviewed the staff report on this request from the City Planner and the additional background information from the City Engineer. Clearly, the most consistent action for the City Council based on past action of the Council is to reject this final plat due to the lack of trunk facilities being available. If the City Council changes past position and approves this final plat, it must acknowledge that there is some risk to the City. Additionally, if the City Council says yes to this final plat, it must also anticipate a future request from SuperAmerica for its development proposal. e In 1992, a "line was drawn" which limited the future development that could flow into the City trunk system on a temporary basis. If we are now going to erase that line, then we may have a difficult time reestablishing it. If no trunk sewer line is authorized, then the risk for the City is that a temporary sewer system, which has an extremely limited capacity, becomes a permanent situation. However, once the trunk sewer line extension from School Street and Freeport into this area is authorized, then all development in this northeast area can move forward. Unless a valid petition is received for the trunk sewer line, this project must be authorized by a 4/5 Council vote. The extension of a trunk sewer line would include assessments to benefitted property owners which would include this 2nd Addition final plat and all properties in between. e P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 e e e Elk River city Council Minutes April 20, 1992 Page 10 Councilmember Holmgren indicated that although he was unhappy with the dead end roads and the number of cul-de-sacs, he felt it was necessary in this situation. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT OF HILLSIDE ESTATES PHASE I WITH THE FOLLOWING STIPULATIONS: 1. THAT THE PRELIMINARY PLAT APPROVAL IS CONTINGENT UPON VARIANCES BEING GRANTED FOR THE LENGTHS OF THE DEAD-END ROADS. 2. THAT PRELIMINARY PLAT APPROVAL OF PHASE II IS CONTINGENT UPON THE APPROVAL OF A CONDITIONAL USE PERMIT FOR THE COMMERCIAL PORTION PRIOR TO FINAL PLAT APPROVAL. ALSO, THAT A PUD AGREEMENT REFLECTING THE STIPULATIONS OF THE PLAT APPROVAL IS ESTABLISHED AND ENTERED INTO PRIOR TO RECORDING ANY PHASES OF THIS PLAT. 3. THAT PRELIMINARY PLAT APPROVAL IS CONTINGENT UPON A ZONE CHANGE BEING GRANTED TO PUD. 4. THAT PRELIMINARY PLAT APPROVAL IS CONTINGENT UPON MNDOT'S REVIEW AND APPROVAL. 5. THAT PRELIMINARY PLAT APPROVAL OF PHASE II IS CONTINGENT UPON BWSR'S REVIEW FOR FILLING OF A WETLAND. 6. SEWER AND WATER a. THAT PRELIMINARY PLAT APPROVAL OF PHASE II OF THIS PLAT IS CONTINGENT UPON TRUNK LINES BEING EXTENDED TO THIS AREA TO PROVIDE SEWER AND WATER. b. THAT THE CITY ENGINEER DOES THE DESIGN FOR THE SEWER AND WATER LATERALS WITHIN THIS PLAT. c. THAT THE LATERALS IN THE FIRST PHASE FIT IN WITH THE LONG RANGE PLANS FOR SEWER AND WATER FOR THIS AREA. d. THAT THE FIRST PHASE OF THIS DEVELOPMENT PAY ITS SHARE OF THE ASSESSMENT FOR THE LONG RANGE TRUNK SEWER AND WATER LINES AS ESTIMATED IN THE FEASIBILITY STUDY FOR THIS AREA. FURTHER THAT THIS ASSESSMENT IS PAID UP FRONT OR AS LOTS SELL WITH SOME LIMIT TO THE TOTAL PAYMENT PERIOD. e. THAT THE FIRST PHASE BE ALLOWED TO TEMPORARILY CONNECT TO SEWER AND WATER THROUGH DEERFIELD 3RD ADDITION. FURTHER, THAT THE DEVELOPER IS RESPONSIBLE FOR ALL COSTS FOR THIS TEMPORARY CONNECTION AND HOOKING UP TO THE PERMANENT LINES IN THE FUTURE. LASTLY, THAT NO CREDIT IS GIVEN AGAINST THE ASSESSMENT FOR THE LONG RANGE TRUNK FACILITIES FOR TEMPORARY IMPROVEMENTS THAT DO NOT FIT IN WITH THE LONG RANGE PLAN. 7. DRAINAGE City Council Minutes October 19, 1992 Page 3 . 6.6. Consider Pay Estimate '2 and Change Improvements Order Il/Hillside Estates COUNCILMEMBER KROPUENSKE MOVED TO APPROVE CHANGE ORDER '1 TO THE HILLSIDE ESTATES PROJECT IN THE AMOUNT OF $12,291.77 SO THAT THE SMALL DIAMETER STORM SEWER ON 193RD AVENUE CAN BE REPLACED WITH LARGER STORM SEWER SUITABLE FOR FUTURE DEVELOPMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE PAY ESTIMATE '2 TO R.L. LARSON EXCAVATING INC. IN THE AMOUNT OF $156,469.01 FOR WORK RELATING TO HILLSIDE ESTATES IMPROVEMENTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Set Public Hearing Date to Consider Tax Increment Financing Plan for District No. 11 Mayor Tralle stated that Timron Precision Gear Inc. has requested Tax Increment assistance in the amount of $52,000 to support its proposed construction of a 10,000 square foot facility on Lot 1, Block 1, Elk River Industrial Park. Tax Increment Funds will be used to write-down the cost of Lot 1. Mayor Tralle stated the Economic Development Authority heard the request at its October 12th meeting. e COUNCILMEMBER HOLMGREN MOVED TO SCHEDULE A PUBLIC HEARING 16, 1992, TO CONSIDER A TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 11. COUNCILMEMBER DIETZ SECONDED THE MOTION. CARRIED 5-0. FOR NOVEMBER TAX INCREMENT THE MOTION 7.1. Conditional Use Permit by SuperAmerica Gro,",p/Public Hearing/Tabled Mayor Tralle stated that SuperAmerica is requesting a conditional use permit to construct a new gas station convenience store at the intersection of Highway 169 and 193rd Avenue. He stated that the Planning Commission heard the request at its September 22nd meeting and continued the public hearing indefinitely until City sewer and water are available to the site. Mayor Tralle opened the public hearing. COUNCILMEMBER SCHULDT MOVED TO CONTINUE THE PUBLIC HEARING FOR THE CONDITIONAL USE PERMIT REQUESTED BY SUPERAMERICA INDEFINITELY UNTIL CITY SEWER AND WATER ARE AVAILABLE TO THE SITE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Preliminary Plat and Variance Request/Lake Point Shores by Mike Leary and Marilyn VanPatten/Public Hearing (e Janelle Szklarski noted that Mike Leary, the developer, has indicated that he will be submitting a letter of withdrawal regarding the plat of Lake Point Shores. Mayor Tralle opened the public hearing. There being no one for or against the matter, Mayor Tralle closed the public hearing.