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3.5. SR 04-22-2002City ~ l iver Item # 3.5. MEMORANDUM TO: Mayor and City Council FROM: Sandra Peine, City Clerk DATE: April 22, 2002 SUBJECT: Correction to 3/I 8 Council Minutes The City received a letter from Mr. Halpaus indicating that there was an incorrect statement in the March 18 Council minutes. His letter is attached. Mr. Halpaus indicated that he did not reference the word trees during his statement to the Council. Staff recommends the following correction be made to the minutes: Existin~ Statement: Ron Haupus, 19563 Lander Street - Stated that he would be filing a lawsuit against the developer and the city regarding this issue due to damage to his trees that this development had caused. Recommended Amended Statement: Ron Halpaus, 19563 Lander Street - reminded the Council of the damage to his property caused by the development and informed the council of his intent to file suit. ACTION REQUESTED: Council motion amending the Match 18, 2002 minutes to show the correction requested by Mr. Halpaus. s:\couneil\sandy\halpaus.doc lus derSt 55330 i City Clerk River Parkway MN 55330 Council minutes of March 18, 2002. Peine, the published City Council minutes of March 18, 2002 I would like point a attributing a statement to me that is incorrect. 19563 Lander Street- Stated that he would be filing a lawsuit against regarding this issue due to damage to his trees that this caused. made by me was: Halpaus, 19563 Lander Street- I just wanted to remind you of the damage to our that this development has caused. I'd like to also remind you that our attorney council and the developer of our intent to file suit. of the two year limit...statute of limitations to file suit on this and we have Thank you." at no time was the word "tree" or "trees" used. of that meeting confirms the facts as stated above. you attach a copy of this letter to the Official City Council minutes of 2002 and confirm to me that this has been accomplished. you for your cooperation. Ipaus CC: · Mayor Stephanie Klinzing · Council Member John Dietz · Council Member Paul Motin · Council Member Dan Tveite · Council Member Louise Kuester · Don Willeke, Attorney at Law 2 City Council Minutes March 18, 2002 Page 6 6.4. 6.5. 1. THE FINAL PLAT FOR ELK RIVER CROSSING THIRD ADDITION IS APPROVED BY THE CITY COUNCIL. 2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. THE 40 FOOT WIDE EASEMENT THAT EXTENDS FROM THE LIFT STATION TO ZANE STREET SHALL NOT BE VACATED. COUNCILMEMBER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by STM Development Elk River, LLC for Final Plat Approval .(F. lk River Crossing 3r~, Case No. P 01-15 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated that STM Development is requesting final plat approval for Elk River Crossing Third Addition. He stated that the applicant is proposing to replat four lots into three lots and an outlot and that the ouflot would have to be platted prior to any development. COUNCILMEMBER MOTIN MOVED TO APPROVE RESOLUTION 02-21 GRANTING FINAL PLAT FOR ELK RIVER CROSSING 3an ADDITION, CASE NO. P 01-15 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. ACCESS TO LOT 1 SHALL BE RESTRICTED TO THE EXISTING SHARED DRIVEWAY AND A SHARED ACCESS WITH LOT 2. SHARED ACCESS SHALL BE REQUIRED ON THE OTHER LOTS. 3. NEW EASEMENTS ALONG PROPERTY LINES SHALL BE DEDICATED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Windsor Development for Final Plat Approval .(Windsor Oak Hill 2"d Addition), Case No. P 02-06 Director of Planning Michele McPherson submitted the staff report. Ms. McPherson stated that Windsor Development, LLP is requesting final plat approval for Windsor Oak Hill 2nd Addition. She discussed lot size, access, utilities, and park dedication requirements. City Engineer Terry Maurer stated that he would like to withdraw the concerns outlined in his memo. He stated that they have been addressed. Ron Haupus, 19563 Lander Street - Stated that he would be filing a lawsuit against the developer and the city regarding this issue due to damage to his trees that this development had caused.