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City Council Minutes Page 10 <br />June 17, 2002 <br /> <br /> Mayor Klinzing opened the public hearing. There being no one to speak to this issue Mayor <br /> I~dinzing closed the public hearing. <br /> <br /> Council_member Dietz asked Mr. Moldenhauer to respond to a letter the cit7 received from <br /> Mississippi Oaks Homeowners regarding allegations of incorrect driveway widths, lot sizes, <br /> cutting trees along the river, and dumping material in an empty field in the Mississippi Oaks <br /> development. <br /> <br />Gordon Moldenhauer, 17952 Fresno Street - Stated he didn't feel the letter was accurate. <br />He stated that the stumps and tree limbs are being hauled out of the empty field. <br /> <br />Councilmember Dietz asked Mr. Moldenhauer if he understood and would comply with <br />the conditions that would be a requirement for the prelimina~ plat of M_ississippi Oaks 3~d <br />Addition. Mr. Moldenhauer stated he did. <br /> <br />Councilmember Tveite questioned Nix. Moldenhauer if he replaced the trees that have been <br />cut down along the riverfront and if he ffled the riverfront easements with Sherburne <br />County yet. bir. Moldenhauer stated that he has planted the required trees and is in the <br />process of recording the easements. <br /> <br />Counciknember Motin questioned why the Park and Recreation Commission accepted land <br />that is located in a flood plain as meedng the park dedication requirement. <br /> <br />Park and Recreation Commission John Kuester stated that the Commission felt this parcel <br />of land was a unique environmental area. <br /> <br />Planning Commissioner Dana Anderson stated he was concerned with Mr. Moldenhauer <br />completing Mississippi Oaks 3rd Addition in a timely manner. He is also concerned about <br />setdng a precedent of accepting parkland in a flood plain as meeting the park dedication <br />requirements. <br /> <br />COUNCILMEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY <br />PLAT OF MISSISSIPPI OAKS 3m~ ADDITION WITH THE FOLLOWING <br />CONDITIONS: <br /> <br />1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE <br /> ADDRESSED. <br /> <br />2. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK <br /> RIVER MUNICIPAL UTILITIES. <br /> <br />3. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE <br /> PLAT FOR RECORDING. <br /> <br />A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF <br />THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO <br />RELEASING THE PLAT FOR RECORDING. <br /> <br />5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT <br /> OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. <br /> <br />6. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER <br /> MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. <br /> <br /> <br />