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HomeMy WebLinkAbout07/24/2000 Council Minutes• CITY OF LINO LAKES MINUTES DATE : July 24, 2000 TIME STARTED : 6:30 P.M. TIME ENDED : 8:40 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan Tesch (part); City Attorney, Barry Sullivan; City Engineer, John Powell; Community Development Director, Brian Wessel; City Planner, Jeff Smyser; Planning Coordinator, Mary Kay Wyland (part); Police Officer, Kent Strege (part); Fire Chief, Milo Bennett (part); and Public Services Director, Rick DeGardner SETTING THE AGENDA Item 7F, Birch Street Overlay, was added to the agenda. Item Aiii, July 10, 2000, Council Meeting Minu The agenda was approved as amended. CONSENT AGENDA 9 ed item 8A. Council Member Dahl o rove the Consent Agenda, as amended. Council Member O'Donnell sece tion. Motion carried unanimously. ITEM MINUTES: June 26, 2000, Council Meeting July 5, 2000, Council Work Session DISBURSEMENTS: July 24, 2000 (Check No. 59397 - 59498, $233,461.70) ACTION Approved Approved Approved Centennial Fire District Approved Consideration of not waiving monetary • limits on tort liability per MN Statute 466.04 Approved • OPEN MIKE National Night Out Proclamation, Kent Strege - Staff advised National Night Out was designed to heighten crime and drug prevention awareness, generate support and participation in local anticrime efforts, strengthen neighborhood spirit and police - community relations and send a message to criminals letting them know their neighborhoods are organized and fighting back. Residents lock their doors, turn on their outside lights from 7:00 p.m. to 10:00 p.m. and get together with their neighbors. National Night Out is for all neighborhoods and businesses in Lino Lakes, not just established neighborhood watch groups. Staff requested the Council acknowledge and read the proclamation in support of designating August 1, 2000, as National Night Out in the City of Lino Lakes. Mayor Bergeson read a portion of the National Night Out procl Council Member Carlson moved to approve support of 2000. Council Member Dahl seconded the motion. oti Mr. John Hudgens, 6661 Pelican Place, came regarding the Highway 49 project. He a back funds. t, August 1, animously. ted he has a few questions the County has to use the turn Mayor Bergeson advised the f are not prepared to respond to questions regarding the project. S . ; ; �' �. ions would have to be addressed by Anoka County. Mr. Hudgens state community friendl consideration. s are willing to be involved in a task force to create a asked if the Council has given that idea any further Mayor Bergeson advised the Council has not had any discussion regarding this issue since the June 7, 2000, meeting. Mr. Hudgens asked if the Council feels that a task force sounds feasible. He expressed. concern regarding the Council not being aware of other alternatives. Mayor Bergeson stated the process will be a long one. The Council will have more discussion and meetings relating to this project. The City is currently waiting for feedback from the County. Mr. Hudgens stated he currently became aware of the fact that the project is much larger than two (2) miles. He asked if everyone that is being affected has been notified. • The City Administrator advised Mr. Hudgens he needs to ask the County about who has been notified. Mr. Hudgens asked if there will be opportunities for resident input at Council work sessions. Mayor Bergeson advised the Council does have agendas for every meeting. He stated the project will be on many future agendas. The meetings will be publicized. Mr. Hudgens asked of the meetings will be advertised in the newspaper. Mayor Bergeson advised the meeting agendas are not published in the newspaper. The City Administrator added Mr. Heaser knows when the public meetings will be held. She suggested residents keep in touch with him. Council Member Carlson noted that the possibility of a joint meetin , , the City of Shoreview was discussed at the last work session. The public mil The City Administrator advised the meeting may not nec s tai e for public input. Council Members need time to discuss the pr • ct. Mr. Hudgens asked about the time frame of t vote will be taken. Mayor Bergeson stated the Cou last meeting. He advised resi Hall if they want to be u Ms. Bernice Skog at the filling statio conditional use pe an the Council knows when a information than what was given at the o .k ; outside of the project area to contact City ding a project. ake Drive, came forward and stated there are semi -trucks ed on. She asked if that is permitted under their e noted they have been working there since this morning. The City Administrator advised a Police Officer went to the station this morning and warned them about the violation. Staff has been documenting the violations and resident complaints. Ms. Skoglund stated that after she spoke to the City Administrator this morning, the truck driver must have radioed all the semi trucks in the area. The lot was completely full. The City Administrator directed Officer Strege to visit the site again. No one else was present for open mike. ADNIINISTRATION DEPARTMENT REPORT, DAN TESCH There was no Administration Department report. FINANCE DEPARTMENT REPORT, AL ROLEK There was no Finance Department report. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA FIRST READING, Ordinance No. 11- 00, Open Burning (3/5 Vote Required), Milo Bennett - Staff advised it has been many years since the Open Burning ordinance has been updated in Lino Lakes. The proposed ordinance replaces the present ordinance and goes into more detail and definition than the present ordinance. Items such as the burning of leaves or grass clippings are still prohibited under the new ordinance. It also has a time of day limitation for recreational fires. These fires ly exist after 11:00 a.m. and before 3:00 a.m. There is a provision in this ordinance for a fee for a burn' A set by City Council resolution. V Staff advised the ordinance that is being prop and Circle Pines. A fee to be opted by both Centerville Mayor Bergeson inquired about . • <§ •n for the permit fee. Staff advised a $5.00 fee is enough to cover a• ati=�. costs. Mayor Bergeson sugges fee '' added to the fee schedule at the second reading of the ordinance. Council Member O nneell moved to approve FIRST READING, Ordinance No. 11 -00, as presented. Counc Member Carlson seconded the motion. Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. FIRST READING, Ordinance No. 12 - 00, Fire Code (3/5 Vote Required), Milo Bennett - Staff advised every 3 to 4 years, the state of Minnesota adopts an updated Uniform Fire Code. When the state adopts this code, it becomes the fire code to be used throughout the state. By adopting this same code, it gives the local fire inspectors the authority to enforce the code when doing their inspections. This has proven to be very beneficial in reducing the • fire losses and the adoption of this code is a standard practice in a large number of communities. Mayor Bergeson stated the codes do change from time to time. He inquired about the number of this version. Staff advised this version is number 97. Council Member Dahl moved to approve FIRST READING or Ordinance No. 12 - 00, as presented. Council Member Reinert seconded the motion. Council Member Carlson voted yea. Council Member Dahl voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Mayor Bergeson voted yea. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT REP :' n WESSEL PUBLIC HEARING, Resolution No. 00 - 64, Ado 1St and 2nd Additions (3/5 Vote Required), Jo 2000, the City Council held a public hearing f comment, the consideration of the resolu allow staff time to gather additional i A oll, Twilight Acres to : dvised on June 26, of After receiving public he assessment was delayed to A poll was sent to the affected =` s • etermine their interest in the City proceeding with the project. The res 4roperty owner survey are as follows: No Yes 1St Additio 0 7 2nd Addition 4 3 Conditional 3 0 Total %Response 20 83% 7 100% The conditional responses indicated a positive response only if the assessment amounts are supported by the appraisals. An updated map showing the responses; a copy of the information sent to the residents with the poll; and responses received after the work session are included in Council Member's packets. Staff advised that after discussing this matter with the contractor, C. W. Houle, they have agreed to honor their bid even if the City delays the award until August 28, 2000. C. W. Houle would need to begin construction by September 8, 2000, in order to complete the improvements, through the bituminous paving, this year. The restoration of the boulevard areas and driveways would likely carry over until next spring of 2001. The City Attorney has now received an appraisal opinion on this project. A copy of the • opinion from the Taylor Appraisal Company and a clarification letter staff sent on July • • 20, 2000, is included in Council Member's packets. The appraisal opinion indicates the increased value for houses with functioning septic and well systems is about $2,000 to $3,000; it also indicates the increased value for houses experiencing problems with these systems is about $5,000 to $10,000. Even if the maximum benefit is assumed to be $10,000 for each affected lot, the City would not even be able to cover the cost of the construction contract for this project, let alone the proposed assessment. The City will not be able to recover the project costs through 100% assessment of this project. Unless other funding sources could be identified to pay for this project, it cannot proceed as currently proposed. Staff recommended Council does not adopt the assessment roll for the Twilight Acres 1st and 2nd Addition project. Council Member Carlson inquired about other means of funding the project such as grant money. She also inquired about the City's list of road projects when factoring in the failing septic systems. Staff cannot identify any other funding sources that will cover t sessment. The project could be put on a ballot for residents to vote on :art a�=`� et reconstruction project. The Metropolitan Council has nos for assessment costs. Mr. Lyle Bye, 775 Vicky Lane, came forwar spokesperson for many of the residents. there is no funding available from th did call the Metropolitan Counci type of project. The Metropol Staff advised a discussi today. Mr. Larso septic systems is a connection to City e was elected as a confused because staff is saying uncil. He indicated some residents ed that there are funds available for this dicated they would contact Mr. Powell. ith Mr. Jim Larson from the Metropolitan Council icated there is no funding available. Funds for failing sue. There are no funds available for assessments for Mayor Bergeson asked Mr. Bye to advise Mr. Powell regarding the name of the person residents spoke with at the Metropolitan Council. Mr. Bye stated that at the November, 1999, Council meeting, the City Attorney indicated that the Charter prohibits general fund dollars to be used for road reconstruction projects. Mr. Bye read the Charter section regarding this issue. He stated that the Charter has provisions for situations like this. Mr. Powell has indicated there could be street reconstruction funds to offset some of the costs for Vicky Lane. If those dollars are available, the project may be feasible. Staff advised Vicky Lane road reconstruction is not a high priority within the City. The Council has directed staff to re -prioritize the projects taking into account the shape of the • well ans septic systems. Staff referred to the Lakes Addition project that resulted in property owners paying 25% of the costs of street reconstruction and storm sewer. Mayor Bergeson reminded those present that the Lakes Addition project did not come out of the general fund. Voters approved the project. The prioritized list would be put on a ballot for voters to decide. The same process will be used for other streets that are on that list. The Council has asked the City Engineer to re -prioritize again incorporating well and septic systme conditions. Staff added the next ballot will be in the fall of 2001 for 2002 - 2003 construction per direction from the Council and Charter Commission. Mr. Bye read the Charter regarding assessments and asked if that will be considered. Staff advised that if the project proceeds it may have to be placed on the ballot this fall. Mr. Bye stated that a number of the residents need to do something systems. He asked what is available to solve the problem. He i though he is being told there is nothing he can legally do. W The City Attorney asked if emergency situations all was noted that staff has talked to the Health De to eliminate the problem unless there are exte eir failing eels as dents do? ility assessments. It sid is do have a time limit tances. City y s o provide the Council with The Attorney advised that emer ,�� flexibility. In relation to assess - _.= must be proven. Mayor Bergeson stated t Board that what is more been explored rela es there is a notion within the Planning and Zoning s preferable to less conforming. That notion has not is systems. Staff noted the City lowed to be more restrictive relating to septic systems. The City cannot be less restric ve than the County or State. Mayor Bergeson suggested Council Members meet with staff to discuss options. The City Administrator asked if staff is aware of which systems are failing. Staff advised they have not done on-site inspections due to the appearance of forcing assessments on residents. The City Administrator stated she believes it is appropriate to convene a staff group to meet with residents. It is not the intent of the City or Council to leave residents hanging. Staff, residents, and Council can work together to find a solution. Mayor Bergeson stated a group meeting can be pursued. The staff recommendation is not to proceed with the project. • • Mr. Bye questioned the City Engineer's comment regarding forcing an assessment. Staff advised they were concerned about the appearance of trying to find problems with systems so the City had to supply utilities. Mr. Bye stated he hopes everyone can work together on this problem. He stated he feels this process could have gone better and faster if everyone had worked together previously. Mayor Bergeson stated the Council did not have all the information to proceed until this evening. He inquired about a deadline relating to this project. Staff advised the deadline is the construction season. The contractor has indicated he can delay the project for a month. Staff noted this situation does not just apply to this project. This will happen in several areas in the City. Staff is open to pursuing other options. Council can take action to continue the public hearing and assessment roll. Mr. Bye advised he would prefer to continue the public hearing. He asked why the appraiser was put on hold. Council Mem had these answers a long time ago. eed help. is could have Mayor Bergeson stated he does not see any hs item. He noted there is not an easy solution. Council Member O'Donnell inquire the public hearing is continued. will not affect the petitioning direction to confer with t t on petitioning out of the project if 's their understanding that a month delay project is delayed, staff would like Council ommission regarding the next step in this process. Mayor Bergeson st d Council took direction from the City Attorney regarding the Charter langua Mr. Paul Montain, e -Chair of the Charter Commission, 6510 Centerville Road, stated this issue was discussed at the last Charter meeting. The Commissioners were concerned that the Charter is not being followed or understood. He suggested the Charter Commission should have been brought in earlier. Chapter 7 refers to the Five -Year Plan. The main concern is Chapter 8, which has been a stumbling block for quite some time. The Charter says that if the project cost is $1.00 more than the assessments are, it becomes a Charter issue unless State or County funds are available. The Charter has a specific schedule that was followed in the Lakes Addition project. A ballot can take place any time, however, a special ballot is expensive. He asked that staff refer to Chapter 8 of the Charter regarding this issue. Mr. Bye requested clarification on the assessment numbers relating to linear charges vs. square footage charges. Staff advised there are three (3) components of charges, lateral, trunk and unit charges, and surface water management charges. Staff gave a brief explanation of each type of charge noting trunk assessments are charged by the acre and unit. Mr. Bye asked how the trunk project on Main Street was paid for. Staff advised the project was paid for through trunk funds, which was partially covered by a major contribution from a development and the elementary school. The City also issued a bond. There was not a referendum. Mr. Ray Johnson, 7971 Nancy Drive, came forward and stated the City Engineer indicated in September, 1996, that this project would be covered by the Bisel Amendment. He asked the City to investigate that statement. Staff advised the Bisel Amendment was discussed with regard to property owners on Main at a work session. The Bisel Amendment does not cover properties in this project. Mr. Chris Hoff, 774 Vicky Lane, came forward and stated residents with failing systems need to be protected somehow. Residents need the City's cooperation with an open- ended agreement or variances to make the systems functional. Mayor Bergeson stated the City needs to do what it can to a public health issue. Council needs to work with staff t tems are not o do that. Ms. Ina Liljedahl, 726 Vicky Lane, reminded th • ar is completely surrounded by City sewer and water now. Th it '�_: e figure out how it can make it available to residents who need it. It w • , d ' ve b in the City's best interest to put the utilities in the entire area. There � s and systems that won't meet current standards. She encoura " • look at other options with the residents. The Council must take the tim e appen. Ms. Joan DelRio, 785 now. e forward and asked the Council what will happen The City Administr '�'� asvised staff will start immediately working with the Council regarding other opt •;, s. Citizens should also be involved. Ms. DelRio asked for something on the record indicating the Council is committed to a task force. Mayor Bergeson advised the Council would direct the City Administrator to begin that process. He reminded those present that the Council has directed staff to review the road improvement projects and take into account failing systems and well as the road condition. There are other streets within the City that are in poor condition with failing systems. At this point, Council does not know how the list will change. Mr. Bye asked if there is the possibility of the City dealing with all the areas that have poor road services and failing systems at the same time. • Mayor Bergeson advised it depends on the costs and the reasonableness of the projects on a ballot. The Lakes Addition was a larger project so it was on a ballot individually. Mr. Bye asked for a commitment from Council or staff to keep residents informed about the project. The City Administrator stated it is her expectation that citizens will be included in the process. She committed to keeping Mr. Bye informed of all aspects of the project. Mayor Bergeson requested Mr. Bye keep other residents informed. Staff clarified that Mr. Bye was referring to being informed in regards to the street construction list. Ms. Cindy Brunberg, 7941 Nancy Lane, came forward and asked for clarification regarding the Charter. She stated Mr. Montain has informed her that she is still within her Charter rights to petition out of the project. She asked when the n period is over. The City Attorney advised residents have a 60 -day time ow the public hearing and approval of the project. Staff asked for clarification regarding which assessments. Ms. Brunberg stated that as citiz make a decision until this eve d if that refers to have all the information necessary to Staff advised estimated en ere available prior to this evening. The Charter cannot be changers : s s s understanding the Charter indicates the petition period ended last fall afte earing. Ms. Brunberg stated sidents were told that under the Charter they could petition out at any time. Staff requested direction from the Charter Commission. This project and the procedure used has been based on past procedure. Mayor Bergeson stated the City Attorney will review the petition period and make a determination. Staff will notify residents with the determination. Mr. James Perron, 752 Vicky Lane, came forward and stated some residents currently have raw sewage in their front yards. Something needs to be done about the failing septic systems. • Council Member Carlson stated a determination needs to be made regarding when the 60 day petition period ends. It is possible the period won't be over until another meeting is held to discuss this issue. The period may have ended after the meeting last November 1999. She asked if the project is ended if the Council does not adopt the assessment roll. Staff advised Council can continue the issue to the August meeting. If the current assessment roll is not adopted, an alternative assessment roll can be brought forward. Council Member Carlson noted residents are in favor of the project if the price is right. Ms. Liljedahl, 726 Vicky Lane, came forward and referred to rule 8 of the Charter. She stated that the Charter indicates certain information must be given at the public hearing. She stated she does not believe that information has been available at past meetings. This meeting is the first meeting that all the information has been available. Residents would have 60 days to appeal if the Council adopts the assessment roll. A positive response could result in waiving the 120 days. A negative response would result in being right back where they started. The Charter is a benefit to residents and th Staff requested a formal opinion still be obtained from the C r ` ion. Mayor Bergeson indicated a formal opinion from the Ch is = '; and the City Attorney will be obtained. The City Attorney asked if a resolution was ae the project. Staff advised the plans and specifications were ordere Mr. Ray Johnson stated the publ' ntinued. The Charter stated the petition period begins after final appro iven. Final approval has not been given. Mayor Bergeson advisee=`"! ty ' 1 work with the Charter Commission and the City Attorney to dete h- _ e 60 -day petition period expires. The staff recommendation ise the project. It has been requested that the Council table the item until more • rmation is received. Council Member Dahl moved to continue PUBLIC HEARING, Resolution No. 00 - 64, Adopt Assessment Roll, Twilight Acres 1st and 2nd Additions, until staff and citizens can meet to investigate other options. Mayor Bergeson suggested the item be continued until the August 14, 2000, Council meeting. He noted a report will be given at that time. All the information may not be ready. Council Member Dahl amended her motion to continue this item until the August 14, 2000, Council meeting. Council Member Reinert seconded the motion. Motion carried unanimously. • Mayor Bergeson called for a short break at 8:05 p.m. Mayor Bergeson reconvened the meeting at 8:15 p.m. Minor Subdivision for David Snell, 600 62nd Street (3/5 Vote Required), Mary Kay Wyland - Staff advised David Snell is requesting a minor subdivision and variance to split 10 acres from a 37 -acre parcel at 600 62nd Street. The property has been in the Snell family for over 50 years. The site is Zoned rural and guided for rural development through 2020 in the draft Comprehensive Plan. The proposed parcel would have 230' width on 62nd Street. The Zoning Ordinance provides that parcels in the Rural Zoning District have a minimum of 330' width, therefore, a variance for 12' in lot width is being requested. The Ordinance also provides that "80% of the lot area may be comprised of areas which are platted as street right-of-ways, is below the 100 year flood elevation, or lies within city watercourses, wetlands or waterbodies as defined by the ordinance". In other words, 20% of the new parcel must be upland. The survey document indicates that 2.35 acres are wetland leaving 7.65 acres of upland. Sewer and water are not available to serve this site, however, adequate space is provided for an on-site se stem and an alternate. In considering all requests for variance or appeal andin eg action, the City shall make a finding of fact: 1. That the property in question c u a reasonable use if used under conditions allowed h controls. 2. That the plight of is due to physical circumstances unique to his property e a the landowner. 3. That the re t due to economic considerations alone and when a for the property exists under the terms of the ordinance. 4. That ting the variance requested will not confer on the applicant any spec' privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Mr. Snell believes a hardship exists in the fact that there is a septic system and drainfield for the dwelling at 600 62nd Street between the home and the new parcel that limits the available width for the new parcel. Staff did suggest that he consider creating this 10 acre parcel on the west side of the existing home, however, that area contains a considerable amount of wetland with patches of upland limiting its usability. Additionally, Mr. Snell's parents have some outbuildings and fencing on this west side of their home which they would like to retain. For Council information, eleven (11) parcels were previously created on the south side of 62nd Street that do not meet the 330' width requirement. These lots were approved at a time when smaller lots were permitted. They include: • Six (6) lots @ 153 in width (+/-) • One (1) lot @ 165' in width • One (1) lot @ 250 in width • Three (3) lots @ 150' in width (corner of Ware Road and 62nd Street) Staff is also concerned about the future extension of West Shadow Lake Road. This state aid route is indicated in the Transportation Plan as continuing from 62nd Street south to Co. Rd. J. some time in the future. The extension would need to be located somewhere within Mr. Snell's proposed 230 feet of frontage. Although it is unlikely that the City would extend this roadway without a development plan or request from the property owner, we do need to consider the location of this future roadway when locating new buildings on the property. Mr. Snell indicated he has no intention o r development of the parcel at this time. In review of this subdivision and variance request, staff does exist in the configuration of the wetland area drain field. There are eleven (11) existing lots width and less than 10 acres in size. The pro area requirement and the 20% upland r, ip to the land septic system and are less than 330' in lot on does meet the 10 -acre The Planning and Zoning Boars i m at their June 14, 2000, meeting and recommended approval based Council Member Dahl the maining parcel will be 10 acres. Staff advised the remaining parcel res and contain the original homestead. Council Member 0' •nnell moved to approve Minor Subdivision and Variance based on the following conditins: 1. Additional right-of-way shall be dedicated for the future reconstruction of 62nd Street. Currently there is 16.5' of right-of-way from the centerline, the City would require an additional 23.5' along the entire frontage of both parcels to provide 40' of right-of-way as 62nd Street is classified as a State Aid Route with an 80' required right-of-way. 2. Any building construction on the 10 acre parcel shall be located a minimum of 100' from the west property line to avoid the future extension of West Shadow Lake Drive. 3. Park Dedication shall be collected as required in the Subdivision Ordinance. • Council Member Carlson seconded the motion. Motion carried unanimously. Final Plat and Developers Agreement, Clearwater Creek 4th Addition (3/5 Vote Required), Jeff Smyser - Staff advised the City Council approve the preliminary plat for Clearwater Creek 3rd Addition on April 12. The preliminary plat includes lots for 239 new houses and 7 existing houses, for a total of 246 lots. A final plat for the first phase (3rd Addition) was approved in September 1999. The 4th Addition is the next phase. The 4th Addition includes 56 lots. The development agreement is ready including financial guarantees. The City Attorney reviewed the title work and found it in order. The final plat substantially conforms with the approved preliminary plat. The preliminary plat approved in April 1999 included a number of conditions. Several of the conditions merit discussion here. One was that the project include an open space management plant. Like the 3rd Addition, this will be part of the development agreement for the 4th Addition and will be backed by financial guarantees. Typically, staff ensures that a development agreement is comple e ore > 'nging a final plat to the Council for approval. The conditions of approval s e` ` equite that the development agreement is to be reviewed by the City . • T'': ame from questions about development agreements in general d ements of this project would be addressed. Since the conditio � the °..proval on this project, staff has attached the development agreement tion, as staff did for the 3rd Addition final plat. The agreement can . �' i 'ved t the same time as the approval of the final plat. Another condition of approval be issued in the develop carried over to the next development thro ear ; 01. is on the number of building permits that can ar-by-year basis. Permits not issued one year can be n in the table below, the 4th Addition will carry the total Approved sing Plan Year 1999 75 2000 135 2001 180 2002 239 Maximum annual Permits allowed Lots in 3rd and 4th Additions 75 60 45 59 Maximum Cumulative lots Final Plat Total Lots Existing houses New house 3rd Addition 129 1 128 4th Addition 56 4 52 Total 185 5 180 Building Permits Issued Through July 18, 2000 Maximum total permits Through year 2000 Actual number of permits issued Through 7/18/00 Remaining for year 2000 135 70 65 Only 70 permits have been issued to date in the entire development. 's less than the 1999 allotment, and leaves 65 before reaching the maximum li 't a Vis, ough year 2000. Staff will monitor the number of building permits to e p 3 = plementation of the phasing plan. The phasing plan has been incorpor opment agreements. There are three (3) lots in the southeast corner of the current MUSA (Lots 14, 15, 16, B plat in order to construct the roads an these lots will not receive buildi development agreement as we tion that cross the boundary lots must be included in the final vicinity. Until MUSA is available, restriction is included in the Council Member Carlso ed he term "substantially conforms" and inquired about the differenthe preliminary plat and the final plat. Staff advised the City is fairly strict r preliminary plat substantially conforming to a preliminary plat. The main diff- ce in this case is there are four (4) lots that are not included in the final plat. Staff refe - d to a map indicating the four (4) lots. Council Member Carlson moved to approve the final plat and development agreement, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. PUBLIC HEARING, FIRST READING, Ordinance No. 17 - 99, Easement Vacation, Oak Brook Peninsula, John Powell - Staff advised no new information has been received regarding settlement of this matter from either of the affected property owners. It is staff's understanding that the two -(2) parties continue to mediate. Staff recommended continuing this item to the December 11, 2000, City Council meeting. This is to eliminate the effort required to continue this item on a monthly basis. However, at such time that staff is contacted by either party this matter with new • information, staff will immediately communicate the information to the City Council and/or place the item on the City Council's agenda. • Council Member Dahl moved to continue PUBLIC HEARING, FIRST READING, Ordinance No. 17 - 99, Easement Vacation, Oak Brook Peninsula, to the December 11, 2000, City Council meeting. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 00 - 73, Receive Feasibility Report and Call Hearing on Improvement, Main Street Trunk Utilities (3/5 Vote Required), John Powell - Staff advised on June 12, 2000, the City Council ordered the preparation of a feasibility report investigating the extension of trunk sanitary sewer and watermain to serve the Bluebill Ponds subdivision. Bluebill Ponds is located on the south side of Main Street, across from Wood Duck Trail. The feasibility report has been completed and is attached to the staff report. In accordance with Minnesota State Statues 429, the feasibility repo Council and a public hearing scheduled. Based on the prelimin will be scheduled for August 14, 2000, at which time a detai report will be presented. be received by , the hearing e feasibility Council Member Reinert moved to adopt Resol - 7 , as presented. Council Member O'Donnell seconded the motion. M• ;•1, 'e imously. Resolution No. 00 - 73 can be found ;s s office. Birch Street Overlay, John activity on Birch Street. 2000. No detours are e Mark Daly, Anok updated the Council regarding the current should be completed by the last week in August, advised residents who have questions contact Mr. onstruction Engineer, at 763-862-4238. UNFINISHED BU E S Consideration of July 10, 2000, Council Meeting Minutes - Council Member Carlson corrected page 8, paragraph 4, to read "She noted she is agreeable because property taxes will be taken care of when the property is transferred". Council Member Carlson corrected page 6, paragraph 2, to remove the word "will" from the second sentence. Council Member Dahl moved to approve the July 10, 2000, Council Meeting minutes, as amended. Council Member O'Donnell seconded the motion. Motion carried unanimously. NEW BUSINESS - None COMMUNITY CALENDAR JULY 24 THROUGH AUGUST 14, 2000: City Council Meeting, Monday, July 24, 2000, 6:30 p.m. Environmental Board Meeting, Wednesday, July 26, 2000, 6:30 p.m. National Night Out, Tuesday, August 1, 2000, 7:00 - 10:00 p.m. Special Council Work Session, Wednesday, August 2, 2000, 5:30 p.m. EDAC, Thursday, August 3, 2000, 7:00 a.m. Park Board Meeting, Thursday, August 3, 2000, 6:30 p.m. Council Work Session, Wednesday, August 9, 2000, 5:30 p.m. Planning and Zoning Board Meeting, Wednesday, August 9, 2000, 6:30 p.m. Safety Camp, Thursday, August 10, 2000, 8:00 a.m. - 7:00 p.m. ADJOURN There being no further business, Council Member C so o djourn at 8:40 p.m. Council Member Dahl seconded the motion. M . , • un imously. These minutes were considered and appy d,ular Council Meeting, August 14, 2000. uf Ry- hel Gaustad, Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. Clerk John ergeson, Mayor