4.1. DRAFT MINUTES (2 SETS) 06-20-2016

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City Council Minutes Page 9 May 16, 2016 ----------------------------- 7. Odor from the hot-mix operation must be controlled. If weather conditions make odor noticeable, the percentage of recycled asphalt must be reduced. If odor problems cannot be resolved by the Operator, the Planning Commission shall review the situation with a public hearing and make a recommendation to the City Council on whether or not the operation of the hot-mix asphalt plant shall be allowed to continue. 8. All conditions outlined in the approval for Conditional Use Permit CU 06- 04, approved by the Elk River City Council on April 17, 2006, (recorded document number 621697) shall be maintained. Motion carried 5-0. 7.5. Paxmar – Outlot D, River Park; Outlots B and D, River Park Second Addition (continued from May 2, 2016, City Council Meeting) Conditional Use Permit to Establish Planned Unit Development  Preliminary Plat (Miske Meadows) to Subdivide Property  Formerly Platted as River Park and River Park Second Addition (96.2 acres) into 241 Single Family Residential Lots Mr. Carlton presented the staff report. He reviewed the CUP/PUD and plat conditions the council asked him to prepare at the May 2, 2016, meeting, comparing staff’s position, the Planning Commission’s position, and the applicant’s condition position. The council reviewed the following CUP/PUD and plat conditions: CUP/PUD Conditions Condition Three – HOA Maintenance Mayor Dietz asked for clarification on how a homeowners association operates and asked for examples in the city and scenarios in which the exterior maintenance would be beneficial to have included in the HOA fees. Mayor Dietz didn’t feel the maintenance of all exterior building coverings was necessary. Councilmember Westgaard felt this condition was troubling and would remove the exterior covering portion from this condition, stating it would be hard to manage and would open up Pandora’s Box. Councilmember Olsen stated he has lived in a Home Owner’s Association (HOA) for 20+ years, explaining how his townhome association management company replaced his exterior twice because of storms but would also replace exterior siding due to normal wear. The HOA uses monthly dues to pay for replacements. He felt the additional $30/month in dues provided a sense of security that appeal to residents who purchase in this type of neighborhood. Alan Roessler, representing PAXMAR, requests removal of the exterior coverings requirement, which would allow the most flexibility for homeowners to determine when their exterior requires replacement, but indicating the HOA still retains the ability to ensure a homeowner does maintenance on the exterior of their property if necessary.