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7.16. SR 03-20-1995~~r ~~ { ~~ 'ty of ~~ lk • River TO: FROM: DATE: ITEM 7.16. MEMORANDUM Mayor and City Council Steven B. Ach, City Planner March 20, 1995 SUBJECT: Request for Final Plat Approval by Dennis Backus -Meadowvale Heights 2nd Addition, Public Hearing Case No. P 94-11 Issue Consider Resolution 95- ,granting final plat approval for Meadowvale Heights 2nd Addition by Dennis Backus. • Location Southwest corner of 193rd and Meadowvale Road. Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential). Attachments • Final Plat • Resolution 95- • Copy of Meadowvale Heights 1st Addition • Excerpt from Developer's Agreement relating to park dedication and additional conditions for future phases • City Council minutes dated April 19, 1993 and June 21, 1993 • Park and Recreation Commission minutes dated April 7, May 5 and June 9, 1993. Background • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Mayor and City Council Page March 20, 1995 • The preliminary plat for Meadowvale Heights was approved by the City Council on April 19, 1993. The preliminary plat originally included 113 single family lots on 121 acres. Following preliminary plat approval, the developer proceeded with the first addition on June 21, 1993. A total of 48 lots were created with the balance to be included in the second addition. Overview The proposed final plat of Meadowvale Heights 2nd Addition is for the most part, consistent with the preliminary plat. However, there are a few items included on the final plat that should be pointed out: • Due to the recommended adjustments in the preliminary plat, the total number of lots have been reduced from 113 to a total of 107 (48 in the first addition and 59 in the second addition). • The Park Commission discussed having a trail system that would extend from the southwest corner of the plat to the northeast. The intent of this trail system was approved as part of Meadowvale Heights 1st Addition, • therefore, not requiring any additional trail system in the second addition. However, the developer is proposing a 20 foot corridor (Park 2) in the southwest corner of the plat with a 70 foot right-of--way along Elgin Drive, to another 20 foot corridor (Park 1) for a future trail system. The developer has already graded the entire site including an area for the trail system along Elgin Drive and within each corridor (Park 1 and Park 2). Apparently, the developer was under the impression that a trail would be required in the second addition and is still willing to provide for this opportunity to occur as presented in the final plat even though it was not approved by the City Council. This future trail opportunity was discussed with Park and Recreation Commission Chairman Dave Anderson. Mr. Anderson thought that by having the corridor and additional right-of--way platted at this time, it would give the City some options in the future to construct a trail. • At the southeast corner of the plat as Elgin Drive meets Meadowvale Road there is a triangular piece of property that is wedged between Elgin Drive and Meadowvale Road. This small piece of property is necessary to complete the extension of Elgin Drive to Meadowvale Road. The developer has apparently reached an agreement with the property owner of this • piece of property and will be acquiring it in mid-April. This triangular s:council:p94-11 Memo to Mayor and City Council Page March 20, 1995 • piece of property can then be added to the plat dedicated right-of--way or deeded to the City for street, drainage and utility purposes to allow the extension of Elgin Drive. • Lastly, when the preliminary plat was approved by the City Council, there was no surface water management impact fee in place. Since then, a fee in the amount of $123.60 per urban residential lot has been established. According to the developer's agreement for the first addition, the second addition is subject to conditions as imposed by the City Council. Therefore, a condition has been included in the attached resolution for the City Council to consider requiring the payment of a surface water management fee in the amount of $123.60 per lot. Based on the 53 lots in the second addition, the surface water management impact fee would be $7,292.40. Recommendation It is recommended the City Council approve Resolution 95- ,granting final plat approval for Meadowvale Heights 2nd Addition by Dennis Backus with the conditions outlined in the attached resolution. • • s:council:p94-11 t ~ j w ee n ~' 1 r tJOwvl1 cr'E I ,fi I '^ I i 1e7TH ' - I ~ a ' ~ \ i ~ ~~~~• n .I _ \ I 1 ._ ~^ r ~ 3 ~7 t ~ I96T?I ( '~ ' ~~ • '~ _ I@STM I ~ , ~\ ~ \ \ _ r ,. •. ~ ~ '. I ..c ~ w ` ~t / le4T}I 't r 193RD ( -- $ `~'~~' ~ i i /• Fj ~ti.c ..c ~. 71 !92ND ~ `~,;! • '~~ f!..s_a . i .` - ~ t less- i «~,_ •I „~ ~ •:~ I OTN •`~ 1L 1 ~.: ~ .•R+ ' ~ ~ I~f* •.c ,::~`I i ( -E=..- _ 't:~' ~. . isar. we 1. 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YV 'ww 3N1 A >Hlt 15311 / I I 1 A J a bbw ~i#~ wwi a • RESOLUTION NO. 95 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: MEADOVWALE HEIGHTS 2ND ADDITION WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the application for preliminary plat approval has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, a preliminary plat of the Properly was approved by the City Council on April 19. 1993; and WHEREAS, the preliminary plat approval was granted an extension by the City Council on February 27, 1995; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: 1. It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Development Plan. C. 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. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. • 3. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. 5. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council . and duly seconded by Council .. The following voted in favor of the Resolution The following voted against the Resolution: • The following were absent: Member Member s:recording:document:p93-4 Page 2 r 1 ~J WHEREUPON the resolution is adopted. Passed and adopted this day of , 1995 Henry Duitsman, Mayor CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on , 1995. WITNESS my hand officially as such Clerk and the corporate seal of the City this day of , 1995. Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of 1995, by Henry Duitsman, Mayor, City of Elk River, Minnesota. Notary Public C, s:recording:document:p93-4 Page 3 • STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of 1995, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. • 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 • s:recording:document:p93-4 Page 4 . EXHIBIT A Outlot C, Meadowvale Heights, Sherburne County, Minnesota. • • s:recording:document:p93-4 Page 5 EXHIBIT B 1. A DEVELOPER'S AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF PUBLIC IMPROVEMENTS. THIS SHALL BE RECORDED WITH SHERBURNE COUNTY ALONG WITH THE PLAT. 2. OUTLOTS A AND B BE DEEDED TO THE CITY. 3. A DEVELOPMENT PLAN BE .PREPARED AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF A BUILDING PERMIT. 4. THE DEVELOPER ACQUIRE NECESSARY LAND TO COMPLETE THE EXTENSION OF ELGIN DRIVE TO MEADOWVALE ROAD. THIS SHALL BE COMPLETED PRIOR TO RECORDING THE PLAT. 5. IN THE EVENT ADDITIONAL GRADING NEEDS TO OCCUR NEAR WETLAND AREAS, THE APPROPRIATE PERMITS BE OBTAINED PRIOR TO COMMENCING THE WORK. IF STREET NAMES NEED TO BE MODIFIED THIS SHOULD OCCUR PRIOR TO RECORDING THE FINAL PLAT. 7. THE DEVELOPER PAY FOR THE FIRST SEAL COATING OF THE ROADS IN THE AMOUNT AS ESTIMATED BY THE CITY ENGINEER. THIS PAYMENT MUST BE RECEIVED-PRIOR TO RECORDING THE PLAT. 8. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES. EVIDENCE OF PAYMENT SHOULD BE PROVIDED TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. YARD TREES BE PROVIDED IN ACCORDANCE WITH SECTION 1008.14(7)(C) OF THE SUBDIVISION ORDINANCE. 10. PARK 2 TRAIL CORRIDOR BE SLIGHTLY MODIFIED BY CONNECTING TO WEST BOUNDARY OF THE PLAT. tHIS WILL ALLOW CONNECTION TO AN EXISTING EASEMENT WITHOUT CROSSING RAILROAD PROPERTY. 11. A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $123.60 PER LOT BE PAID PRIOR TO RECORDING THE PLAT. s:recording:document:p93-4 Page 6 ~8~~90 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 Developer's sole cost and expense, any work or materials that become defective, in the sole opinion of the City, within said one 1) ear even though notice thereof be given by the City after saidlone (1) year period. (11) City Acceptance - 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. 4•) Trunk Water and Sewer Facilities - In addition to installing the Improvements identified in this Agreement, Developer acknowledges that development of the Subdivision will require the extension of trunk water and sewer facilities and that the Subdivision will be assessed by the City for trunk water and sewer facilities, and agrees to make payment of the assessments levied against the Subdivision for trunk facilities prior to the transfer of any lot in the Subdivision or the issuance of a Certificate of Occupancy for any lot in the Subdivision. 5•) Land Dedication - (O1) In full satisfaction of the dedication requirements of Section 1008.18 of the Subdivision Ordinance, the City agrees to accept and Developer agrees to convey the following described property to the City, by unrestricted warranty deed, prior to recording the final plat: (a) The western 40 acres of Mrs. Barnier's original 120 acres; ~~-~ ~~ (b) A 20 foot wide trail between Outlot A and Outlot B; (c) A 20 foot wide trail between Lot 21, Block 1, and Lot 6, Block 2; ~ST/~• (d) 70 feet of right-of-wa on to accommodate a traily Elgin Court and 195th Avenue, (e) A 20 foot wide trail between Lot 4, Block 3 and Lot 1, Block 4. (02) Dedication of the above-described property shall satisfy the dedication requirements of Section 1008.18 in the Subdivision Ordinance for the Subdivision and for r~ 4. 285090 future phases of the Meadovale Heights Preliminary Plat approved by the City Council. 6.) Security for Developer's Performance - (O1) 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 Three Hundred Sixty-two Thousand Dollars ($362,000) (one hundred percent (100%) of the estimated cost of the Improvements, including wetland mitigation. 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 sums. required to be paid by Developer to City pursuant to the terms of this Developer Agreement. (02) Seventy-five percent (75%) of the security required in accordance with the above shall be released following City acceptance of the Improvements, including wetland mitigation. 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. 7.) Additional Conditions - (O1) Future Phases - The Subdivision is the first phase of an SO acre, 113 lot preliminary plat approved by the Elk River City Council on April 19, 1993. Final plat approval of future phase(s) of the Meadovale Heights preliminary plat will be subject to such conditions as shall be imposed. by the City Council at the time of final plat approval. (02) Additional Recxulatory Approvals - 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. Additional approvals may include Department of Health Permit for the extension of water; Minnesota Pollution Control Agency permit for the extension of sewer; Department of Natural Resources permit for dewatering; construction permit from the Sherburne County Engineering Department to access Meadovale Road. (03) Wetlands - Developer proposes the filling of certain wetlands in connection with development of the Subdivision. Final plat approval is contingent upon, and the final plat shall not be recorded until, approval of an Army Corps of Engineers permit to fill wetlands as proposed by the Developer and approval by the Technical Evaluation Panel of 5. 285090 future phases of the Meadovale Heights Preliminary Plat approved by the City Council. 6.) Security for Developer's Performance - (O1) 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 Three Hundred Sixty-two Thousand Dollars ($362,000) (one hundred percent (100%) of the estimated cost of the Improvements, including wetland mitigation. 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 sums required to be paid by Developer to City pursuant to the terms of this Developer Agreement. (02) Seventy-five percent (75%) of the security required in accordance with the above shall be released following City acceptance of the Improvements, including wetland mitigation. 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. 7.) Additional Conditions - (O1) Future Phases - The Subdivision is the first phase of an SO acre, 113 lot preliminary plat approved by the Elk River City Council on April 19, 1993. Final plat approval of future phase(s) of the Meadovale Heights preliminary plat will be subject to such conditions as shall be imposed by the City Council at the time of final plat approval. (02) Additional Regulatory Approvals - 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. Additional approvals may include Department of Health Permit for the extension of water; Minnesota Pollution Control Agency permit for the extension of sewer; Department of Natural Resources permit for dewatering; construction permit from the Sherburne County Engineering Department to access Meadovale Road. (03) Wetlands - Developer proposes the filling of certain wetlands in connection with development of the Subdivision. Final plat approval is contingent upon, and the final plat shall not be recorded until, approval of an Army Corps of Engineers permit to fill wetlands as proposed by the Developer and approval by the Technical Evaluation Panel of 5. City Council Minutes April 19, 1993 Page 11 COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO CREATE A SEDIMENTATION POND TO AID IN WATER PURIFICATION AND STORM WATER RETENTION WITH THE FOLLOWING STIPULATIONS: 1. THE EXCAVATED MATERIAL IS REMOVED FROM THE FLOODWAY, IF REQUIRED BY THE DNR OR ARMY CORPS OF ENGINEERS. 2. THE EXCAVATION TARES PLACE ABOVE THE ORDINARY HIGH WATER MARK OF THE ADJACENT BACKWATER OR APPROPRIATE PERMITS ARE ACQUIRED FROM THE ARMY CORPS OF ENGINEERS OR DNR. 3. THE SIDE SLOPES OF THE SEDIMENTATION POND MEET CITY STANDARDS FOR SAFETY REASONS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.9. Petition for Feasibility Study/Mississippi Oaks Terry Maurer, City Engineer, stated that Irv Moldenhauer has signed a petition requesting sanitary sewer, water, storm drainage, and street improvements for the first phase of his proposed Mississippi Oaks Addition. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-15, A RESOLUTION DECLARING THE ADEQUACY OF THE PETITION FOR IMPROVEMENT AND ORDERING THE PRELIMINARY FEASIBILITY REPORT IN THE MATTER OF THE MISSISSIPPI OAKS PHASE I IMPROVEMENT OF 1993 CONTINGENT ON THE DEVELOPER ESCROWING THE COST OF THE STUDY WITH THE CITY. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.10. Preliminar /Variance for Meadowvale Hei hts/Dennis _ Bac es u i Baring/Case# P-03-04 Steve Rohlf stated that Dennis Backes, developer, and Mrs. Virginia Barnier, property owner, are requesting preliminary plat approval of Meadowvale Heights which is a 113 single family lot plat. He stated that the plat will be completed in two phases and that the developer is requesting approval of phase one. He further stated that the developer is also requesting a variance on the length of a dead-end road associated with the plat. Vice Mayor Dietz opened the public hearing. Steve Rohlf reviewed the stipulations recommended by the Planning Commission. Jeff Shopek, Civil Engineer representing the developer, suggested a compromise to the City's request for the one and one-half acre neighborhood park and the pond area that the City is requesting. He stated that the one and one-half acre neighborhood park is too large and suggested a 1.2 acre park in the center of the plat. The Council discussed this matter and decided that a 1.2 acre park in the center of the plat would be appropriate as opposed to a one and one-half acre park to the north end of the plat. City Council Minutes April 19, 1993 Page 12 • Mary Eberley stated that the Planning Commission recommended approval of the preliminary plat. Bill Campbell, 19675 Elk Lake Road, stated his concerns about the trails proposed in the plat. He indicated that the developer has proposed to run a trail along his property line. - Councilmember Holmgren stated that this may be unnecessary as there are already trails on property near the plat located in Woodland Trails park. Mr. Nord questioned the need for the trails and also questioned the need for the park on the northern border of the proposed plat. Vice Mayor Dietz stated that he feels the neighborhood park should be some other place other than underneath power lines. Councilmember Holmgren stated that there are recreational facilities available across the road and feels the area has enough recreational opportunities. Councilmember Scheel suggested eliminating the park and requiring Park Dedication Fees in lieu of the park. Mr. Nord indicated his concern regarding traffic and stated he would like to see County Road 1 signed. There being no further comments, Vice Mayor Dietz closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT OF MEADOWVALE HEIGHTS WITH THE FOLLOWING STIPULATIONS: 1. FINAL PLAT BE SUBMITTED WITHIN 1 YEAR FOLLOWING THE DATE OF CITY COUNCIL .PRELIMINARY PLAT APPROVAL, UNLESS AN EXTENSION IS GRANTED BY THE CITY COUNCIL. 2. IN ORDER FOR THE DEVELOPERS TO FILL WETLANDS, THEY MUST A) DELINEATE THE WETLANDS ACCURATELY; B) PROVIDE JOINT NOTIFICATION TO THE REQUIRED STATE AGENCIES AND GAIN THEIR APPROVAL; C) GAIN THE APPROVAL OF THE TECHNICAL EVALUATION PANEL; AND D) MITIGATE THE FILLED WETLANDS AT A RATIO OF AN ACRE PER ACRE 3. APPROVALS MUST BE RECEIVED FROM THE DEPARTMENT OF HEALTH, MPCA, NPDES, DNA, AND THE SHERBURNE COUNTY ENGINEERING DEPARTMENT. 4. THE DEVELOPER GAIN COUNTY APPROVAL FOR CROSSING THE DITCH WITHIN THE PLAT AND THE DRAINAGE PLAN FOR THE PLAT INCORPORATES COUNTY COMMENTS REGARDING THE AFFECTS OF PLAT DRAINAGE ON THE COUNTY DITCH SYSTEM. 5. THE DEVELOPER PROVIDES THE DRAINAGE CALCULATIONS. City Council Minutes April 19, 1993 -------------------- Page 13 6. THE CITY ENGINEER MUST REVIEW THE DRAINAGE CALCULATIONS TO DETERMINE THE DOWNSTREAM IMPACTS. 7. THE COUNTY, WITH THE BENEFIT OF THE CITY ENGINEER'S REVIEW, APPROVES THE DRAINAGE PLAN PRIOR TO FINAL PLAT APPROVAL. 8. THE DEVELOPER WORKS WITH THE COUNTY REGARDING A REDISTRIBUTION OF FUTURE DITCH ASSESSMENTS ONTO THE INDIVIDUAL LOTS IN THE PLAT PRIOR TO RECORDING IT. 9. THE DEVELOPER IS RESPONSIBLE FOR WHATEVER IMPROVEMENTS ARE NEEDED FOR THE DITCH SYSTEM TO HANDLE THE DRAINAGE FROM THE PLAT. 10. THE .DEVELOPER GRANTS THE COUNTY RIGHTS (IN A FORM DETERMINED BY THE COUNTY) TO THE DITCH IN THE SOUTHEAST CORNER OF THE PLAT (DITCH 31) PRIOR TO RECORDING. 11. THE ISSUE OF OWNERSHIP OF WETLANDS WITHIN THE PLAT RESOLVED ACCORDING TO ESTABLISHED CITY POLICIES PRIOR TO ACTING ON FINAL PLAT. 12. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO FINAL PLAT. 13. THE SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS DONE AT THE SAME TIME AS THE ROAD GRADING, BY THE DEVELOPER, AND NOT LEFT TO FUTURE • HOME BUILDERS TO ACCOMPLISH. 14. LOTS ABUTTING MEADOWVALE ROAD BE INCREASED TO 135 FEET IN WIDTH. 15. THE WESTERN 40 ACRES INCLUDED IN THE PLAT BOUNDARY IS LABELED AN OUTLOT. 16. THE STREET NAMES IN THE PLAT ARE ADJUSTED AS PER THE MARCH 19, 1993, PLANNING COMMISSION MEMO. 17. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER ASSOCIATION FOR THE CONSTRUCTION OF A ROAD WITHIN THEIR EASEMENT PRIOR TO FINAL PLAT APPROVAL. 18. A TRAIL SYSTEM SHOULD RUN FROM THE SOUTHWEST CORNER OF THE PLAT TO THE INTERSECTION OF MEADOWVALE ROAD AND 193RD AVENUE. 19. ANY REMAINING PARK DEDICATION WOULD BE IN THE FORM OF CASH. 20. THE CITY ENGINEER DESIGNS THE SEWER AND .WATER LINES INTERNAL TO THE PLAT. FURTHER, THAT THE CITY ENGINEER REVIEWS AND APPROVES ALL OTHER PLANS ASSOCIATED WITH THIS PLAT, WHICH INCLUDE GRADING, DRAINAGE, AND STREETS. 21. ELGIN STREET ON THE NORTH END OF THE PLAT IS PROVIDED WITH A FULL • SIZE CUL-DE-SAC (WITH TEMPORARY EASEMENTS OUTSIDE OF THE 60 FOOT RIGHT-OF-WAY, THAT WILL AUTOMATICALLY BE VACATED WHEN THE ROAD IS EXTENDED). . City Council Minutes Page 14 April 19, 1993 22. THIS PLAT IS CONTINGENT UPON A VARIANCE BEING APPROVED FOR THE MAXIMUM LENGTH OF A DEAD-END ROAD. 23. IMPROVEMENTS IN THE PLAT ARE TO BE COMPLETED WITHIN 1 YEAR FOLLOWING THE DATE OF FINAL PLAT APPROVAL. 24. PRIOR TO RECORDING, THE DEVELOPER PROVIDE THE. CITY WITH A LETTER OF CREDIT FOR 100 OF ESTIMATED COSTS OF THE IMPROVEMENTS WITHIN THE PLAT, INCLUDING THE COST OF WETLAND MITIGATION (OR WHATEVER PERCENTAGE IS CITY POLICY AT THE TIME OF RECORDING). IN ADDITION, A 25~ WARRANTY BOND WILL BE REQUIRED FOR A 1 YEAR PERIOD FOLLOWING CITY ACCEPTANCE OF IMPROVEMENTS IN THE PLAT. 25. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT PRIOR TO RECORDING THE PLAT. 26. THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THIS PLAT PRIOR TO FINAL PLAT REVIEW. 27. THE SIDE SETBACK IS 10 FEET. 28. LOT 28, BLOCK 4A, LOT 6, BLOCK 2A, AND LOT 23, BLOCK. 1B, ARE QUESTIONABLE FOR PLACING A HOUSE ON THEM WITH THE REVISED LAYOUT OF THE LOTS. • 29. AN ARMY CORPS OF ENGINEERS PERMIT IS NECESSARY FOR CROSSING THE DITCH. COUNCILMEMBER FARBER SECONDED THE MOTION. Councilmember Holmgren stated that the Council decision to eliminate. the recommended neighborhood park was based on the Master Park Plan not recognizing the high priority of neighborhoods parks and because of the close proximity of neighborhood schools which provide recreational opportunities. THE MOTION CARRIED 4-0. VICE MAYOR DIETZ MOVED TO APPROVE THE VARIANCE TO THE LENGTH OF A DEAD-END ROAD FOR ELGIN COURT AND ELGIN DRIVE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.11. Accept Feasibility Study and Authorize Plans and Specs for County Road 1 Trunk Extension Terry Maurer stated that the feasibility study was initiated by a petition from Mrs. Virginia Barnier, owner and developer of Meadowvale Heights. The area proposed for development is located west. of Meadowvale Road and the feasibility study was conducted to determine • the feasibility of extending City sanitary sewer and water main to serve the Meadowvale Heights development and the Nord property immediately to the north. Terry Maurer stated that in order to eliminate the public hearing requirement, the Nords would have to waive their rights to a public hearing. He indicated that the Nords have Elk River City Council Minutes Page 12 ' June 21, 1993 5. LOTS 2 AND 3, BLOCK 1 HAVE THEIR ACCESS OFF OF VALE ROAD. 6. THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THE PLAT. 7. NO DEVELOPERS AGREEMENT OR LETTER OF CREDIT IS REQUIRED: COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.10. Bruce Addition Update Steve Rohlf informed the Council that a surveyor error has been made on the Bruce Addition plat, therefore resulting in a legal notification error of the legal description. He stated that the Council must decide whether to re-advertise the plat with a corrected legal description, which would require reviews by the Planning Commission and City Council, or to correct the plat through a Certificate of Correction which can be done following the recording of the plat. Steve Rohlf informed the Council that the plat has not yet been recorded. The Council discussed whether it should reconsider the entire issue due to the concern some of the Council had regarding the private road. Gary Santwire indicated that going through the three month process again would possibly kill the project. • COUNCILMEMBER HOLMGREN MOVED TO CORRECT THE LEGAL DESCRIPTION WZTH A TECHNICAL CERTIFICATE OF CORRECTION. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Dietz and Farber opposed. 7.11 Plat Review of Meadowvale Hei hts Phase I b Dennis Backes Case o. -~3-04 Steve Rohlf indicated that the first phase of Meadowvale Heights consists of 49 City sewer and watered lots. Jeff Shopek, Civil Engineer of the plat, requested permission to begin grading the second phase prior to the final plat process being completed. He indicated that the excess dirt from Phase I of the plat will be used for Phase II to balance the site area. Terry Maurer suggested that erosion control measures be considered with replacement of topsoil. COUNCILMEMBER FARBER MOVED TO APPROVE THE FINAL PLAT OF MEADOWVALE HEIGHTS WITH THE FOLLOWING STIPULATIONS: 1. APPROVAL OF AN ARMY CORPS OF ENGINEERS PERMIT TO FILL THE WETLAND IN QUESTION AND APPROVAL BY THE TECHNICAL EVALUATION PANEL OF THE PROPOSED MITIGATION PLAN WITH THE COST OF MITIGATION BEING COVERED UNDER THE LETTER OF CREDIT. 2. THE FOLLOWING PERMITS MUST BE ACQUIRED: DEPARTMENT OF HEALTH PERMIT; MPCA PERMIT; DNR PERMIT; AND CONSTRUCTION PERMIT. 3. COUNTY DITCH: - NO INCREASED RUNOFF BE ALLOWED FROM THIS PLAT TO EITHER COUNTY DITCH 28 OR 31. Elk River City Council Minutes June 21, 1993 -------------- Page 13 • - THE DRAINAGE PLAN BE APPROVED BY THE COUNTY AND THE CITY ENGINEER AT THE DEVELOPER'S EXPENSE. - 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. - THE DEVELOPER IS RESPONSIBLE FOR WHATEVER IMPROVEMENTS ARE NEEDED TO THE DITCH SYSTEM TO HANDLE THE DRAINAGE FROM THE PLAT. - 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. 4. OUTLOTS A AND B ARE DEDICATED TO THE CITY. 5. A DEVELOPMENT PLAN, ROAD PLAN, GRADING AND DRAINAGE PLAN BE APPROVED BY THE CITY ENGINEER. 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. 8. PARKS: - THE WESTERN 40 ACRES OF MRS. BARNIER'S ORIGINAL 120 ACRES BE DEDICATED AS PARK. - A 20 FOOT WIDE TRAIL BETWEEN OUTLOT A AND OUTLOT B BE DEDICATED. - A 20 FOOT WIDE TRAIL BETWEEN LOT 21, BLOCK 1, AND LOT 6, BLOCK 2, BE DEDICATED. - SEVENTY FEET OF RIGHT-OF-WAY ON ELGIN COURT AND 195TH AVENUE, BE DEDICATED TO ACCOMMODATE A TRAIL. - A 20 FOOT WIDE TRAIL BETWEEN LOTS 4 & 5, BLOCK 3, BE DEDICATED. _ THE ABOVE LISTED STIPULATIONS ARE IN LIEU OF ALL PARR DEDICATION FEES FOR THE FIRST AND SECOND PHASE OF THIS PLAT. 9. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES FOR THIS PLAT. 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 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. Elk River City Council Minutes June 21, 1993 Paqe 14 • 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. 17. EROSION CONTROL MEASURES BE TAKEN BY REPLACING THE TOPSOIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Tom Lange addressed the Council regarding agenda item 7.9., Administrative Subdivision for the Plat of Robinsdale. He stated that three of his five large trees would be taken down or seriously damaged with the driveway as proposed in the plat. He requested that the Council consider looking at a driveway entrance off of Meadowvale Road. Steve Rohlf stated that the recommendation from the County Engineering Department was to limit access off of Meadowvale Road. COUNCILMEMBER SCHEEL MOVED TO RECONSIDER THE ADMINISTRATIVE SUBDIVISION REQUEST BY SCOTT AND ROBIN FITZGERALD. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY SCOTT AND ROBIN FITZGERALD SUBJECT TO STEVE ROHLF RESOLVING THE ISSUE OF THE DRIVEWAY PLACEMENT FOR LOT 2 BY FIRST DETERMINING IF NO TREES WILL BE TAKEN OUT. IF NO TREES WILL BE REMOVED DUE TO THE DRIVEWAY PLACEMENT, THEN THE DRIVEWAY WILL REMAIN AS PROPOSED FROM VALE STREET. IF THE TREES HAVE TO BE TAKEN DOWN, STEVE ROHLF SHOULD GO TO THE COUNTY TO SEE IF THE DRIVEWAY CAN GO TO MEADOWVALE. IF THE COUNTY WILL NOT APPROVE THE DRIVEWAY OFF OF MEADOWVALE OR THE DEVELOPER WILL NOT APPROVE THEM, THEN THE DRIVEWAY WILL GO DOWN TO VALE AND BE LOCATED TO CAUSE MINIMAL. DISRUPTION OF THE TREES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:45 p.m. and reconvened at 8:50 p.m. 8.2. Review Code of Ethics and Conflict of Interest Steve Rohlf stated that he is a developer for a development in Zimmerman. He indicated that his development in Zimmerman began under the City's old ordinance which caused no conflict of interest. He questioned whether the new ordinance which the Council is considering • would affect his situation as developer for his development in Zimmerman. Peter Beck stated that Steve's involvement with the Zimmerman Development will not affect his current position with Elk .River. Peter Beck indicated that the main issue is whether Steve is Park & Recreation Commission April 7, 1993 Page 3 • COMMISSIONER ST. DENNIS MOVED TO HAVE PARK DEDICATION BE STRICTLY CASH FOR THIS PLAT. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. ~~ Meadowvale Heights - Building and Zoning Administrator, Steve Rohlf, indicated that the City's Comprehensive Park System Plan shows a proposed trail in the general vicinity of this plat, but does not identify neighborhood or regional parks in this area. Discussion was held regarding the proposed trail location. It was the consensus that the proposed trail would be north of the railroad tracks adjacent to this plat. The location would be along Ogden Street and through an easement adjacent to the north right-of-way line of the railroad tracks and enter the plat through a 20' wide easement in between Lots 11 and 12, Block 2B in the second phase of the plat, then follow Elgin Street and 193rd Avenue to Meadowvale Road via a 70' wide easement for those roadways. Lastly, the trail would end up in the northeast corner of the plat to continue north in the future along County Road 1. COMMISSIONER ROLFE ANDERSON MOVED TO HAVE A TRAIL RUN THROUGH THE PLAT FROM THE SOUTHWEST CORNER OF THE SECOND ADDITION NORTHEASTERLY TO MEADOWVALE ROAD IN THE VICINITY OF 193RD AVENUE AND ULTIMATELY TO THE NORTHEAST CORNER OF THE PLAT ADJACENT TO COUNTY ROAD 1. FURTHER, THAT THIS TRAIL BE ACCOMPLISHED BY THE DEDICATION OF A 20' WIDE PARCEL BETWEEN LOTS 11 & 12, BLOCK 2B OF THE SECOND PHASE OF THE PLAT, 70' OF RIGHT-OF-WAY ALONG ELGIN STREET AND 193RD AVENUE TO MEADOWVALE ROAD AND EVENTUALLY TO THE NORTHEAST CORNER OF THE PLAT BY EITHER DEDICATING AN EXTRA 10' TO ROADS INTERNAL TO THE PLAT OR AN ADDITIONAL 10' DEDICATED TO THE CITY ADJACENT TO MEADOWVALE ROAD. LASTLY, THAT THE TRAIL ITSELF BE A 12' WIDE HARD SURFACE. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION CARRIED 5-1. Commissioner St. Dennis opposed as he felt the 12' wide surface of the trail was too wide. Discussion continued on the subject of whether or not Meadowvale Heights should have a neighborhood park dedicated. COMMISSIONER DANA ANDERSON MOVED TO HAVE A ONE AND ONE-HALF ACRE NEIGHBORHOOD PARK DEDICATED ON THE NORTH BOUNDARY LINE OF THIS PLAT, BUT THAT IT SHOULD NOT BE ADJACENT TO MEADOWVRLE ROAD. COMMISSIONER ROLFE ANDERSON SECONDED THE MOTION. THE MOTION PASSED 6-0. The logic to having the neighborhood park on the north side of the plat was that it would be expanded when the property to the north of this plat develops. Cherryhill Bluffs 2nd Addition - COMMISSIONER DALEIDEN MOVED TO HAVE ONLY CASH DEDICATED AS PART OF THIS PLAT. COMMISSIONER ST. DENNIS SECONDED THE MOTION. THE MOTION CARRIED 6-0. • Bruce Addition - Steve Rohlf, Building and Zoning Administrator, explained that Bruce Addition was a replat of Barrington Place Replat Park & Recreation Commission Minutes Page 2 May 5, 1993 • Steve Rohlf presented several ideas that would provide a more detailed plan for both neighborhood parks and a City wide trail plan. It was the consensus of the Commission that staff provide a more detailed map of developable areas in an attempt to make a more credible recommendation on trails and neighborhood parks to the City Council. COMMISSIONER DANA ANDERSON MOVED TO REQUEST THAT THE CITY COUNCIL AUTHORIZE THAT THE MONTHLY MEETING DATE BE CHANGED FROM THE FIRST WEDNESDAY TO THE SECOND WEDNESDAY OF EACH MONTH FOR THE PURPOSE OF BEING ABLE TO REVIEW DEVELOPMENT PLANS PRIOR TO THE PLANNING COMMISSION MEETINGS WHEN THE PLANS ARE REVIEWED. COMMISSIONER O'BRIEN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER O'BRIEN MOVED TO REQUEST THAT THE CITY COUNCIL AUTHORIZE STAFF TIME TO DEVELOP A MORE DETAILED PARK PLANNING DOCUMENT FOR THE PARCELS THAT ARE MOST LIKELY TO BE PLATTED IN THE NEAR FUTURE. COMMISSIONER DALEIDEN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Discussion on Park Issues Regarding Moldenhauer Plat by Chair Anderson Steve Rohlf explained the preliminary plat as approved by the City Council. Discussion. was held on the size of the park in the plat. COMMISSIONER O'BRIEN MOVED TO EXPRESS TO THE CITY COUNCIL THE PARK & • RECREATION COMMISSION'S DISPLEASURE OVER THE REDUCTION OF A TWO ACRE • PARK TO A ONE ACRE PARK AND ASK THE CITY COUNCIL TO RECONSIDER THE SIZE OF THE PARK DUE TO THE DENSITY OF THE DEVELOPMENT. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Discussion on Park Issues Regarding Barnier Plat by Chair Anderson During the discussion of Meadowvale Heights plat, Steve Rohlf explained the preliminary plat as it was adopted by the City Council. Chair Anderson indicated that he feels a strong need for a neighborhood park and an adequate trail system for the people that will live in this development. COMMISSIONER DALEIDEN MOVED TO REQUEST THAT THE CITY COUNCIL RECONSIDER THE DECISION ON ELIMINATING THE 1-1/2 ACRE PARK FROM THE MEADOWVALE HEIGHTS PLAT INCLUDING THE PROPOSED 1-1/2 ACRE PARK FROM THE NORD PROPERTY TO THE NORTH. THE PARK & RECREATION COMMISSION STANDS ON ITS PREVIOUS RECOMMENDATION BASED ON QUALITY OF LIFE AND SAFETY ISSUES. CGMMISSIONER DANA ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. CHAIR DAVE ANDERSON MOVED TO REQUEST THAT THE CITY COUNCIL REQUIRE THAT THE DEVELOPER PROVIDE A 20 FOOT WIDE TRAIL EASEMENT FROM 195TH AVENUE TO THE NORTHEAST CORNER OF THE PLAT. COMMISSIONER O'BRIEN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. Discussion of Ille al Tree Cutting on Highway 169 Right-of-Way by • Chair Anderson ~~q~lgq3 • ~ 8. Discussion on Meadowvale Heights Park Issues Mr. Dennis Backes presented a proposal that he dedicate a total of 40 acres of wetlands, park land, and a trail to access the land per attached plan in lieu of Park Dedication Fees for both phases of this plat. CHAIR ANDERSON MOVED TO APPROVE THE PROPOSAL AS SUBMITTED BY DENNIS BACKES. COMMISSIONER ST. DENNIS SECONDED THE MOTION. THE MOTION PASSED 4-0. 12. Staff Updates Pat Klaers, City Administrator, updated the Park and Recreation Commission on land negotiations with the Elk River Country Club. It was the consensus of the .Park and Recreation Commission that the City Administrator should continue working with the Country .Club representatives. The City Administrator presented information on the Municipal Utilities request to locate a backwash pond near the new well location on the "E & O" park property. • CHAIR ANDERSON MOVED TO RECOMMEND APPROVAL OF A BACKWASH POND NEAR THE PROPOSED WATER TOWER ON THE E & O PROPERTY WITH THE POND ON THE NORTH SIDE OF THE TOWER, WEST OF THE APARTMENT BUILDING, IF POSSIBLE. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Consider Park Dedication for the Plat of Robinsdale Steve Rohlf explained the Robinsdale Plat. A brief discussion was held. COMMISSIONER OLSON MOVED TO ACCEPT $800.00 IN PARK DEDICATION FEES FROM THE FITZGERALDS FOR THE ROBINSDALE PLAT. COMMISSIONER ST. DENNIS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 10. Consider Park Dedication for an Administrative Subdivision for Alvin Froehlich Steve Rohlf explained the Alvin Froehlich administrative subdivision request. A brief discussion was held. COMMISSIONER ST. DENNIS MOVED TO ACCEPT $400.00 IN PARK DEDICATION FEES FROM ALVIN FROEHLICH FOR HIS PROPOSED LOT SPLIT. COMMISSIONER ROLFE ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 11. Discuss Master Park Plan Update Proposals • Steve updated the Commission on his ideas to increase the information contained in the Master Park Plan that will be available for the Park and Recreation Commission and staff. It was the consensus of the Park