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City Council Minutes February 16, 1999 Page 9 e 2. WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 4. DEVELOPER CONSTRUCT A 10' WIDE BITUMINOUS TRAIL AND INSTALL SANITARY SEWER ALONG MEADOWVALE ROAD AS PART OF MEADOWVALE TOWNHOUSE DEVELOPMENT. DETAILS OF THE TRAIL SHALL BE INCLUDED IN CONSTRUCTION PLANS THAT CAN BE REVIEWED BY THE CITY ENGINEER. A REIMBURSEMENT TO THE DEVELOPER IN THE AMOUNT OF $10 PER LINEAR FOOT WILL BE CREDITED TO THE PARK DEDICATION REQUIREMENT FOR THE HIDDEN CREEK OUTLOT REPLAT. 5. THE APPLICANT WORK WITH SHERBURNE COUNTY AND THE DNR TO FILL AND EXTEND THE CULVERT ON THE EAST SIDE OF MEADOWVALE ROAD. PERMITS FROM THE DNR MUST BE OBTAINED PRIOR TO ANY GRADING OR FILLING ADJACENT TO THE CREEK. COPIES OF ALL PERMIT SHALL BE PROVIDED TO THE CITY. 6. DEVELOPER BE RESPONSIBLE TO PAY A LATERAL MAIN ASSESSMENT FOR LOT 1, BLOCK 1 AND THE OUTLOTS WHEN THEY ARE PLATTED. 7. THE DEVELOPER PAY TRUNK SANITARY SEWER AND WATER MAIN ASSESSMENT WHEN THE OUTLOTS ARE PLATTED. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Reauest by Windsor Development for Final Plat Approval (Lafayette Woods Third Addition), Public Hearina Case No. P 99-4 e Planner Steve Wensman presented the resolution for consideration granting final plat approval for Windsor Development's Lafayette Woods Third Addition to plat outlots A and B into 37 single family lots. He indicated that the property is located off Vernon Street NW and Tipton NW in Lafeyette Woods Subdivision. Mayor Klinzing opened the public hearing. Jim Hamilton, 19711 Rush Street, Lot 9, Ridgewood Homeowners Association, indicated that he is concerned with the fact that when the Lafayette Woods Third Addition was developed, all the trees in the park were removed. He stated that there is no longer a natural buffer between the two developments, and that liability is a big issue as it is impossible to control people walking through public park land into the Ridgewood private park. He stated that although residents would be happy with a buffer of pine trees, he believes that it may be necessary to construct a chain link fence along the north borders of this plat in order to prevent trespassing. Jim stated that the Ridgewood Homeowners Association feels this should be the responsibility of the developer, with maintenance provided by the Association. Council member Farber indicated that he would not be in support of setting a precedent for constructing fences between developments. He questioned if the Association might entertain the idea of planting larger pine trees in combination with faster growing trees in lieu of a fence. e