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7.13. SR 02-27-1995~~) ~~1 ITEM **7.13** ( ~` MEMORANDUM 'ty of ~~ 11~ • River TO: Mayor and City Council FROM: Steven B. Ach, City Planner DATE: February 27, 1995 SUBJECT: Consider Granting Extension For Preliminary Plat Approval Meadowvale Heights Second Addition, Case No. P 93-4 Issue The City Council is requested to grant an extension for preliminary plat approval of Meadowvale Heights Second Addition. Attachments Letter from the developer, excerpt from Section 1008.08 (1) (C). • For Review The preliminary plat of Meadowvale Heights as presented to the City Council on April 15, 1993 consisted of 1131ots. Pursuant to that preliminary plat the City Council approved a final plat on June 21, 1993, which consisted of 49 lots comprising the first phase of Meadowvale Heights. The developer is now anxious to begin the second phase of Meadowvale Heights, however, the one year time period the developer has to submit a final plat following preliminary plat approval has expired. Attached is a letter from the developer requesting the Council grant an extension to preliminary plat approval allowing a final plat to be submitted most likely within the next month. Even though this preliminary plat has technically expired there have not been any changes in the conditions of the property, nor has the City modified its long range plans to effect any portion of the second phase, therefore, would support granting an extension for approval of the preliminary plat Meadowvale Heights Second Addition. Recommendation It is recommended the City Council approve the requested extension for • preliminary plat approval for Meadowvale Heights Second Addition. s:council:p93-04 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612). 441-7420 • Fax: (612) 441-7425 FES 23 '95 0952 IOUGKS & Ii55VCIrlTES PrIGE 2 /~ 1'-.nntw3lus /jc,7,.7Q s-,liv-sYUlcrl ~+1~ IJ-'1~t;N1•'JtC e~ ~«IN~~J!!?C, ~111t AItC:lU301.O1i1S'1'fi • February 23,1995 Mr. Stcvc Ach City of Elk River ~ 3065 Orono Road Elk River, Minnesota 55330 Rc: Mcadowvalc Heights Preliminary Plat Elk River, Minnesota Loucks Project No. 93101B Dear Mr. Ach: On behalf of the developer, Dennis Backcs, we request thot the City c1f Rlk River extend the preliminary plat approval.. As brought to our attention, the preliminary plat must be extended by the City of Elk River to continue with the project as proposed. We are currently working on the final plat of the 2nd Addition and are planning to submit the • final pl~lt the first pwrt of Mlarch. It i.a Mr. $ackea' intent to start utility construction early thin opring and build the rondo early 3um.mer. Your prompt attention to this matter is Rreatly appreciated. Sincerely, LOUCKS & ASSOCIATE6, INC. Jcf rcy A. 5hopck, P.L'. Principal Engineer )A.S/cros \931016\foltcBD\rtcDlnt.doc • 120(1 1 IRA{IAGK 1.AN8. SU1T6 300, Mn!•l.to (:Iipvl?, M-NNC ;OTA b63ti~) Fi.~ia2 7'1iL: ((3l 2) ~2~•5505 1°Ax: (Q 12} 4245612 S~~rs ay 1 DUB. C~8 ~-, C __ ~ , date of the public hearing, unless the subdivider shall consent on the record to a continuance. • iv. Except as otherwise provided herein, upon request of the City Clerk, after the Planning Commission has submitted its recommendation on the plat, the City Council as the Platting Authority shall make its decision within sixty {60} days of the date of the Planning Commission hearing unless the subdivider shall consent on the record to a continuance. It may, by resolution setting forth findings and reasons for its decision,: (a} Grant approval of the preliminary plat, with or without modification, and without conditions, or with such conditions as the Council may deem necessary or desirable upon making the findings set forth in Section 1008.OS(1)(d) of this Ordinance; or (b) Refer the preliminary plat to the appropriate City staff, officers or departments for further investigation and report to the Council at a specified future meeting thereof; or (c) Reject the preliminary plat. • v. Approval of the preliminary plat is an acceptance of the general layout submitted and indicates to the subdivider that he may proceed toward approval of the final plat in accordance with the resolution granting preliminary approval and the terms of this ordinance. vi. Subsequent to approval of the preliminary plat and prior to approval of the final plat, the subdivider shall submit engineering plans, satisfactory to the City Administrator, for all required improvements. c . ) Final Plat . i. Within one (1) year after the date of City Council approval of the preliminary plat, the subdivider or owner shall file ten (10} copies of the final plat with the City Clerk. If the final plat is not filed within said period, the preliminary plat will be considered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the City Council. ii. The plat must be consistent with the preliminary • plat as approved by the City Council or it will be sent back to Planning Commission and City Council for preliminary plat review. 10.20 r 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 WITH A TECHNICAL CERTIFICATE OF CORRECTION. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Dietz and Farber opposed. 7.11 Final Plat Review of Meadowvale Heights Phase I by Dennis Backes Case No. P-93-04 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 DZTCH 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 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. 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 Page 14 June 21, 1993 • 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