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City Council Minutes <br />May 16, 2016 <br />Page 9 <br />7. Odor from the hot -mix operation must be controlled. If weather <br />conditions make odor noticeable, the percentage of recycled asphalt must <br />be reduced. If odor problems cannot be resolved by the Operator, the <br />Planning Commission shall review the situation with a public hearing and <br />make a recommendation to the City Council on whether or not the <br />operation of the hot -mix asphalt plant shall be allowed to continue. <br />8. All conditions outlined in the approval for Conditional Use Permit CU 06- <br />04, approved by the Elk River City Council on April 17, 2006, (recorded <br />document number 621697) shall be maintained. <br />Motion carried 5-0. <br />7.5. Paxmar — Outlot D, River Park; Outlots B and D, River Park Second <br />Addition (continued from May 2, 2016, City Council Meeting) <br />■ Conditional Use Permit to Establish Planned Unit Development <br />■ Preliminary Plat (Miske Meadows) to Subdivide Property <br />Formerly Platted as River Park and River Park Second Addition <br />(96.2 acres) into 241 Single Family Residential Lots <br />Mr. Carlton presented the staff report. He reviewed the CUP/PUD and plat <br />conditions the council asked him to prepare at the May 2, 2016, meeting, comparing <br />staffs position, the Planning Commission's position, and the applicant's condition <br />position. The council reviewed the following CUP/PUD and plat conditions: <br />CUP/PUD Conditions <br />Condition Three — HOA Maintenance <br />Mayor Dietz asked for clarification on how a homeowners association operates and <br />asked for examples in the city and scenarios in which the exterior maintenance would <br />be beneficial to have included in the HOA fees. Mayor Dietz didn't feel the <br />maintenance of all exterior building coverings was necessary. <br />Councilmember Westgaard felt this condition was troubling and would remove the <br />exterior covering portion from this condition, stating it would be hard to manage <br />and would open up Pandora's Box. <br />Councilmember Olsen stated he has lived in a Home Owner's Association (HOA) <br />for 20+ years, explaining how his townhome association management company <br />replaced his exterior twice because of storms but would also replace exterior siding <br />due to normal wear. The HOA uses monthly dues to pay for replacements. He felt <br />the additional $30/month in dues provided a sense of security that appeal to <br />residents who purchase in this type of neighborhood. <br />Alan Roessler, representing PAXMAR, requests removal of the exterior coverings <br />requirement, which would allow the most flexibility for homeowners to determine <br />when their exterior requires replacement, but indicating the HOA still retains the <br />ability to ensure a homeowner does maintenance on the exterior of their property if <br />necessary. <br />0 r E A LIper <br />4 ATUC� <br />