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
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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.
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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