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HomeMy WebLinkAbout08/26/2002 Council MinutesCITY OF LINO LAKES MINUTES DATE : August 26, 2002 TIME STARTED : 6:35 P.M. TIME ENDED 9:24 P.M. MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: City Administrator, Linda Waite Smith; Director of Administration, Dan Tesch (part); Community Development Director, Michael Grochala; City Engineer, Jim Studenski; Finance Director, Al Rolek (part); City Planner, Jeff Smyser (p • Associate Planner, Tanda Gretz; City Clerk, Ann Blair; Deputy Clerk, Jean Viger (part); and City A's . e , Bill Hawkins. SETTING THE AGENDA Mayor Bergeson noted Item 7C, Stonybrook Residential b on, was originally tabled to the first meeting in September. Therefore, an action will neeaken to officially place it on tonight's agenda. Councilmember Reinert moved to add Item 7 ok Residential Subdivision, to the agenda. Councilmember O'Donnell seconded the mol Councilmember Carlson pointed out tha eopl were told this topic was scheduled for September; however, Community Development D. ochala notified people of the date change. Community Development Grochala feet of the subject property. Motion carried unanimously. The agenda was approved as amended. CONSENT AGENDA iat mailed notice had been sent to those within 600 Councilmember Carlson moved to approve the Consent Agenda. Councilmember Dahl seconded the motion. Motion carried unanimously. ITEM A. CONSIDERATION OF EXPENDITURES: ACTION COUNCIL MINUTES August 26, 2002 (Check No. 65858 — 66002, $810,424.12) Approved ii) Centennial Fire District (Check No. 13354 — 13377, $3,469.82) Approved AUGUST 26, 2002 . Consideration of Special Event Permit, 3.2 Beer License, Cabaret License for Sandburr Days C. Consideration of Accepting Grant Contract for New Acu-Vote System Consideration of Resolution No. 02-100, Approving Application for Lino Lakes Lions to Conduct Off -Site Gambling at St. Joseph Catholic ' ch OPEN MIKE Presentation of Grant Funds for Voting Equipment, Sec f State Mary Kiffmeyer and Rep. Phil Krinkie Mary Kiffmeyer, Secretary of State, asked that this ' be layed until Representative Krinkie is in attendance. No one else was present for Open Mike. FINANCE DEPARTMENT REPOR LEK There was no Finance Department ADMINISTRATION DE ' N PORT, DAN TESCH Accept Resignation of Office essica Halloran, Dan Tesch - Director of Administration Tesch advised that Officer Jessica Halban has resigned her position with the Lino Lakes Police Department. Prior to being promoted to the position of officer in May of 2002, Ms. Halloran had been a Community Service Officer. Staff recommends the City Council accept Ms. Halloran's resignation Councilmember O'Donnell moved to accept the resignation of Officer Jessica Halloran. Councilmember Dahl seconded the motion. Motion carried unanimously. Consider Promotion of Community Service Officer Nabil Gubash to the position of Police Officer, Dan Tesch Director of Administration Tesch advised that the resignation of Jessica Halloran has created a vacancy in the Public Safety Department. Staffs recommendation is to make a COUNCIL MINUTES AUGUST 26, 2002 tentative offer of employment as a Police Officer to Nabil Gubash. The appointment will be conditioned upon successful completion of a physical and psychiatric exam. Mr. Gubash has been with the City as a Community Service Officer since July of 2001. Councilmember Carlson moved to approve the promotion of Community Service Officer Nabil Gubash to the position of Police Officer. Councilmember Reinert seconded the motion. Motion carried unanimously. Consider Hiring William Owens as Part-time Community Service Officer, Dan Tesch — Director of Administration Tesch advised that the City has had the position of part-time Community Service Officer vacant since May of this year. He stated he was pleased with the high quality of applicants received and after three sets of interviews, recommended the City Council make a conditional offer of employment to Mr. William Owens. This offer would be condi l ed upon his successful completion of a physical and psychiatric exam. Councilmember Carlson moved to approve making a condit Owens as part-time Community Service Officer conditione and psychiatric exam. Councilmember Dahl seconded th Motion carried unanimously. Consider Hiring Brad Bluml as Part-time C Administration Tesch advised that the promo, time Community Service Officer. He stat this position and recommended the Co Bluml for the position of part-time C upon successful completion of a p of employment to William uccessful completion of a physical ity Service Officer, Dan Tesch - Director of of Nabil Gubash has created a vacancy for a part - had a number of very qualified candidates for a conditional offer of employment to Mr. Brad ervice Officer. The appointment will be conditioned hiatric exam. Councilmember O'Donnell o a. a making a conditional offer of employment to Brad Bluml as part-time Commum ry e 0 icer conditioned upon successful completion of a physical and psychiatric exam. Counci ember Dahl seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no Public Safety Department report. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COUNCIL MINUTES AUGUST 26, 2002 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MIKE GROCHALA Consideration of Resolution No. 02-103, Adoption 2001 Comprehensive Plan, Jeff Smyser - City Planner Smyser stated that this consideration has been long awaited by the Council and staff. He reviewed that in June 2001, the City Council approved the Comprehensive Plan. The Council recognized that there could be revisions to the Plan before it is implemented. The City Council has had numerous discussions about the Plan, and agreed to some revisions. The Metropolitan Council approved the Comprehensive Plan on August 14, 2002. Now, the City Council must give final approval to the Plan. City Planner Smyser reviewed that in June 2001, the City Council adopted Resolution 01-88, which included the statements recognizing: a) that review of the Comprehensive Plan by the Metropolitan Council, or other information received by the City Council, may result in the need for minor revisions; and, b) the potential need to revisit the Comprehensi ' lan and approve any such minor revisions before the Plan is implemented. City Planner Smyser noted that a number of revisions have , o the document. These were discussed at numerous work sessions. In addition, an Octo _ lett from the Metropolitan Council pointed out some corrections and updates that are necess t • document. These include updates of bus routes and corrections to maps showing additi • `. • ``4 gional park reserve land. City Planner Smyser stated the final adoption of t e Co a •rehensive Plan must include the revisions and corrections. The list attached to Resolutio 1 1 . Attachment A makes it clear what changes are to be included in the approval of the doc nt. The document will be revised in the next few weeks, including the maps. Complete, up ments will then be distributed to the City Council and made available for sale to the publi s u al, a copy will be available in the library in City Hall. Staff recommends the City Counci a` • • " esolution 02-103, approving the Comprehensive Plan with revisions listed in Attachme Mayor Bergeson stated the app val letter indicated two things needed to be passed within the next nine months. City Planner Smyser indicated that he sees no problems with the two conditions: 1) approve a ghost plat in rural areas guided for future urban development; and, 2) adopt an ordinance to protect hydric soils that cannot be developed. He anticipated having those two pieces finished by February or March of 2003. Councilmember Carlson stated there was a final report that needs to be fmalized and asked if that has been completed. Community Development Director Grochala stated the Tier II Sanitary Sewer Plan would be worked on between City staff and the City Engineer. 4 • COUNCIL MINUTES AUGUST 26, 2002 Councilmember Dahl moved to adopt Resolution No. 02-103, Approving the 2001 Comprehensive Plan with revisions listed in Attachment A. Councilmember Reinert seconded the motion. Councilmember Carlson stated this is an historic moment and extended her appreciation to staff, the various citizen committees, previous City Councils, and the current City Council for sticking with this until the end. She stated this is a great moment. Mayor Bergeson noted that a 4/5ths vote of the City Council is required and requested a roll call vote be taken. Councilmember Reinert voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Resolution No. 02-103 can be found in the City Clerk's office. OPEN MIKE continued Presentation of Grant Funds for Voting Equipment, Secary' i f State Mary Kiffmeyer and Rep. Phil Krinkie Mary Kiffineyer, Secretary of State, stated they wo this is not a huge amount of money, it is meaning Lakes. She thanked the Lino Lakes City Counftl Anoka is also known to be above and beyon the importance of election equipment and have that benefit which is very valuable there is a higher chance of recounts; of equipment makes a recount muc ake a grant presentation and although xtremely important to the voters in Lino forethought and stated the County of er counties in terms of elections. She commented on 'that the grant enabled areas such as Lino Lakes to fineyer commented that with the upcoming election, ey hope that will not happen. She noted that this type duct. Secretary of State Kiffineyety Clerk Ann Blair and Deputy Clerk Jean Viger for their work with elections and elect `' s. S e stated due to the growth and redistricting of Lino Lakes, this equipment is needed. But, ithout the Senate and House getting together and putting in the matching grant, it would not hav append. She explained that the Governor held all grants, then let go of some except the matching grant on election equipment. But, the Legislature felt that was important and overrode the veto. However, the funds still were not released by the Governor so in the second session the Legislature required the money be kept in and the Department of Administration release the matching grant money. She stated this took a lot of effort and work by Representative Phil Krinkie for which she wanted to thank him. Representative Phil Krinkie stated this is his first appearance before the City Council and he wants it known he is not in the habit of handing out money, and is known to have a different viewpoint by his colleagues and the newspaper. He stated he is honored to help Secretary of State Kiffineyer present this check which will make the City's election process more fair and easier for the voters to comply with accuracy and assuring their ballot counts. He commented that after the problems with the last presidential election you would have thought it would be easy to fund updating election equipment COUNCIL MINUTES AUGUST 26, 2002 throughout the State. However, as Secretary of State Kiffineyer alluded to, it was a rather arduous task. Also, during the last session with budget shortfalls it was even more difficult to get the money from the State of Minnesota Treasury to the City of Lino Lakes. Representative Krinkie stated he is glad to be here tonight and that Lino Lakes has acknowledged the need for this election equipment and was willing to participate in the process. Secretary of State Kiffineyer commented on the challenging time this is for City staff with the growing population and shifts in districting. She then presented a check in the amount of $2,441.50 to City Clerk Blair and Deputy Clerk Viger. Mayor Bergeson extended his appreciation on behalf of Lino Lakes. Consideration of Resolution No. 02-99, Accepting Bids and Booster Pump, Clearwater Creek, Jim Studenski - City Engi bids were received and publicly opened at 10:00 p.m. on August required to award a construction contract to the lowest respo the bid opening as follows: Contractor Total Base Bid Alt. No. 1 Alt. No. 2 Encomm Midwest, LLC $114,411.00 ($1,750.00) No Bid Municipal Builders, Inc. $122,400. ' ($1,200.00) No Bid Shank Constructors, Inc. $126,100. 1 No Bid No Bid Springlake Construction $143, 1.1 ($1,800.00) No Bid arding Contract, Well No. 4 tudenski advised that sealed City Council action is er. He presented the results of Engineer's Estimate City Engineer Studenski advised the . • • roximately 10% below the Engineer's Estimate for this project. The alternate bid ite g - - eva ate the costs of using alternate pumps and flow meters. TKDA and City stave rev ed the alternate bid items and recommend that the City not include the alternates in the ` e • a product quality and future equipment service. The substantial completion date fo is p oject is December 31, 2002, with a final completion date of May 1, 2003. City Engineer Studenski advised City staff recommends the adoption of Resolution No. 02-99, Accepting Bids and Awarding Contract, Well No. 4 Booster Pump, Clearwater Creek, to EnComm Midwest, LLC in the amount of $114,411. Councilmember Reinert moved to adopt Resolution No. 02-99, Accepting Bids and Awarding Contract, Well No. 4 Booster Pump, Clearwater Creek to EnComm Midwest, LLC in the amount of $114,411. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02-99 can be found in the City Clerk's office. COUNCIL MINUTES = AUGUST 26, 2002 Stoneybrook Residential Subdivision, Michael Grochala 1. Consideration of Resolution No. 02-77, Allowing MUSA 2. FIRST Reading of Ordinance No. 07-02, Rezoning Property from R, Rural to R -1X, Single Family Executive 3. Consideration of Resolution No. 02-78, Approving Preliminary Plat Community Development Director Grochala advised that Tollefson Development, Inc., has submitted an application for preliminary plat approval of Stoneybrook, a 102 lot single-family residential subdivision. The request also requires approval to allocate MUSA to the site and a Rezoning from R, Rural District to R -1X, Single Family Executive Residential Di 'ct. This was previously considered by the City Council but delayed due to the review of the Compr nsive Plan by the Metropolitan Council. Community Development Director Grochala reviewed the for a very low density. The site is located adjacent to an west of Centerville Road. land uses and noted the proposal is irch Street and a quarter mile Community Development Director Grochala pres - . e project overview and data, noting the project consists of a 78 -acre parcel that is curr: 1 cultural use containing approximately 19 acres of wetland. Surrounding land uses incl; sewered residential to the north, unsewered large lot residential to the west and south, and a sin . ' dwelling, pasture and wetland to the east. The project site is currently zoned R, Rural t°'Surrounding zoning includes R -1X, Single Family Executive to the north, and R, Rural is west and south. Community Development Director e a m; a advised that the minimum lot size of the R -1X District is 12,825 square feet of builda ,: meet or exceed this provision. The minimum lot depth is 135 feet. Double frontage�t e quit d to have a minimum lot depth of 145 feet. All lots meet or exceed these provisions. Th minimum lot width is 90 feet for standard lots and 115 feet for corner lots. All lots meet or excd these standards. Community Development Director Grochala noted there are six outlots included in the proposed subdivision. The outlots cover the majority of ponds and wetland areas. The applicant is proposing to dedicate all outlots to the City. The applicant should be aware that the dedication of outlots to the City will not be accepted in fulfillment of park dedication (payment in lieu) requirements. Community Development Director Grochala used a site plan to identify the location of two accesses to the site from Birch Street, which are proposed at the existing Pheasant Hills Drive and Sherman Lake Road intersections. He noted that Street A extends southerly into the development from Birch Street, loops back and ties into Street B. Street B is proposed to extend from Birch Street to the easterly property line of the development to provide a connection for future development to the east. There are five cul-de-sacs proposed that intersect with either Street A or B. COUNCIL MINUTES AUGUST 26, 2002 Community Development Director Grochala explained that the proposed extension of Street B easterly has been evaluated to determine its feasibility. The proposed alignment appears to allow the street to service the adjacent property with minimal potential wetland impacts. Staff is recommending that the curve radius of the street be modified to further minimize potential wetland impacts. Community Development Director Grochala stated the future extension of Street B will require the crossing of the St. Paul Regional Water Services (SPRWS) easement. SPRWS has reviewed the proposal and provided the City with the requirements that will need to be satisfied when the extension takes place. Based on their review the extension does appear to be feasible. Community Development Director Grochala stated the proposed temporary cul-de-sac should be extended easterly to abut the property line. The cul-de-sac des' should be modified to extend into Lot 3, Block 2, rather than Lot 46, Block 8, due to the larger uplea on Lot 3. A permanent easement will be required to allow a cul-de-sac to be constructe s ti ch time as the street is extended. Signage will be located at the street terminus incl' ture extension of the street. Community Development Director Grochala pointed ou at -t A is proposed as a large loop in the southern half of the development. While this sect :. two access points, they form the same intersection and create a situation similar to a long -de-sa Staff has evaluated other alignment options; however, it appears that these would cauonal wetland impacts. Staff has reviewed this issue with the Public Safety Department a to g ennial Lakes Fire Department and determined that there are no access concerns the proposed layout. Community Development Director Gro ised that one of the major discussions at the staff level is with regard to Street G locate treme south of the development and proposed at the cul-de-sac. Staff recommends the Street G be stubbed all the way to the southern property line for the purpose of a fut s ection to East Holly Street, which is identified as a future minor collector. There has ern expressed by residents about the possibility to extend Holly Street. However, that • • ct "extend Holly Street will not happen for some time since its condition would not permit c 'ng heavier traffic and because that area is shown to be a low density, unsewered residential area. He plained that development to the south would be needed to change the character and require the improvement of Holly Street. While these projects are not planned in the near term, it would be practical to reserve the option to connect this subdivision to Holly Street in the future. It appears that an alignment option is available that would minimize impacts to existing properties to the south. Community Development Director Grochala explained that in response to comments received by Rice Creek Watershed District, the developer is requesting a reduction in the City's standard street width to reduce impervious surface. The City currently requires a 32 -foot street width. The developer is requesting a 29 -foot width. Section 302 of the City Code states that the City Council may permit variations from the street construction standards. Staff has evaluated the request and determined that the proposed 29 -foot width would be sufficient to handle local traffic needs within the development. However, it does appear that parking would need to be limited to a single side to insure emergency • COUNCIL MINUTES AUGUST 26, 2002 vehicle access. Additionally, the reduction in street width coupled with a curvilinear design of the subdivision's streets may reduce visibility of on -street pedestrian movements. Sidewalks along Street A and Street B may be necessary to alleviate this concern. He noted the Environmental Board recommended reducing the street width. The Planning & Zoning Board recommended that the street width be constructed to the City standard 32 -foot width. Community Development Director Grochala stated the City Engineer has completed review of the grading and drainage plan. A Rice Creek Watershed District (RCWD) Land Development Permit is also required. The City's Local Water Management Plan calls for the minimum floor elevation, including basement to be 4 feet above the groundwater, 4 feet above the normal water level, or 2 feet above the 100 year flood elevation, whichever is greatest. The plan appears to satisfy these requirements based on the proposed normal and high water levels. The developer is currently monitoring existing groundwater elevations at approximately ten sites for verification. Final adjustments will be made with the final grading plans. He notee mitigation sites are proposed to be fenced off after grading is completed to restrict construction If soils are to be brought to the site they must be consistent with existing soil types. Community Development Director Grochala stated the Ci gi ger has completed review of the utility plans. Sanitary sewer is proposed to be extended tth = from its existing location in Sherman Lake Road, north of Birch Street. Water wi . vided by connection to the existing 16 - inch trunk water main lying adjacent to the propert4 the • th side of Birch Street. The water main is proposed to be looped back to the system by cry ssin_ irch Street at Pheasant Hills Drive. Adequate capacity exists in the sanitary sewers='.. • ervice the proposed development. In addition, the Black Duck Lift Station, which ces the area, is scheduled for replacement in 2003. Community Development Director Gro ® a n ed that drainage and utility easements are proposed being five feet in width and adjoinin . d ten feet in width and adjoining street lines and rear lot lines as required. Drainage _ d u ty ements covering the 100 -year high water level and those covering underground storm se @ a a e subject to review and approval by the City Engineer. Easements should be provi• i'' • es . .ond and wetland areas. Specifically, an easement should be provided for access to Out anicovering the emergency pond overflow on Lot 6, Block 8. Community Development Direc r Grochala advised that the Park Board discussed the proposed subdivision at its February 4, 2002 meeting. The Board is recommending 100% cash payment in lieu of parkland dedication, about $165,000. The proposed development lies outside the planning limits of the Comprehensive Park and Trail System Plan. The Park Board looked at several alternatives and recommended the payment in lieu as the preferred option. Community Development Director Grochala pointed out that portions of the site lie within a Flood Plain Zone A. Zone A represents areas of 100 -year flood where base flood elevations have not been determined. The City's Floodplain Management Ordinance requires that all principal structures be located no lower than one foot above the regulatory flood protection elevation. The submitted grading plan identifies proposed 100 -year high water level elevations. The Rice Creek Watershed District's 1998 Calibration Study identifies the regulatory flood elevation for this area as 887.6. As currently proposed, all lot pads are located entirely above this elevation and all first floor elevations COUNCIL MINUTES AUGUST 26, 2002 satisfy the flood plain requirements. The proposal is subject to the review and approval of the City Engineer and Rice Creek Watershed District. If the proposed subdivision is approved, the developer will be required to make application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revise the existing flood plain maps consistent with the proposed grading. Community Development Director Grochala stated the project site contains 19.39 acres of wetland. 2.06 acres of wetland are proposed to be impacted by the site development. The wetland mitigation will take place on-site, by creating two new wetlands and three water quality ponds, which will have a total area of 2.51 acres and 3.27 acres, respectively. A portion (.20 acres) of one of the existing wetland areas will be converted from Type 2 wet meadow to a Type 3 shallow marsh wetland to help facilitate site drainage. The developer is proposing to install signs, delineating the wetland edge, at property comers or where the wetland edge changes drastically within a lot. Approximately 35 to 40 signs will be installed (one sign per two homes) along the wetland edge. The signs will designate the area as a protected wetland zone. The sign will also inform ho wners that moving or cutting beyond the sign is not allowed. The plans also delineate a wetl fer easement adjacent to wetland to provide additional transition from cultured lawns to iveY.etation. The developer is proposing the establishment of a Homeowner's Association .' all buffer areas and applicable signage. The developer should also make availagi .- `to 1 lot purchasers a Best Management Practices/Environmental information broc ng purpose of buffer areas, soil and water conditions in infiltration areas, as well as li s on use of buffer and wetland areas. Community Development Director Grochala note plication also includes a Monitoring Plan that provides for monitoring of the newly creat . s for a 5 -year period. The report will be submitted to Rice Creek Watershed District ( WD) on a yearly basis. The RCWD is the Regulatory Government Unit (RGU) for administrati. a ;° etland Conservation Act. Security will be required within the development agree t to i ure installation of signs as well as the required monitoring. This requirement will n £ � • . ordinated with the RCWD. All exposed soils above the Normal Water Level should be de i* xes consistent with City of Lino Lakes seed mixtures. The applicant should coor• . .seed types with the City's Environmental Specialist. Community Development Di r . ch a advised that the site contains a number of Oaks in the extreme southeast corner, alon he westerly property line and one on the north side adjacent to Birch Street. There is no anticipated tre loss as part of this project. The grading plan identifies the installation of fencing along the drip line of the trees. Installation of tree preservation measures will be required before grading activity on the site. The developer should coordinate all tree preservation activities with the City's Environmental Specialist. Community Development Director Grochala noted that Officer Mike Rumpsa prepared a review on January 21, 2002 and expressed concern with the additional traffic load on Birch Street, particularly with morning rush hour traffic. Community Development Director Grochala stated a landscaping plan for screening along Birch Street has been submitted as required. The plan consists of a combination of deciduous and coniferous trees. The City's Environmental Specialist is recommending replacement of the proposed Colorado Spruce with the White Spruce which are more native to the area. After further discussion, 10 • COUNCIL MINUTES AUGUST 26, 2002 the developer has proposed to add an additional coniferous tree buffer along the northeasterly and westerly property lines in response to adjacent property owner concerns. Community Development Director Grochala stated the recently completed Wild Land Urban Interface study included a wild life assessment of the City of Lino Lakes. Results of this study indicate that there are no significant wildlife issues identified on the Stoneybrook site. Sandhill Cranes have been sighted in a large wetland complex southeast of the development property. A site visit found some potential Sandhill Crane nesting areas on the property directly southeast of this site and Outlot F, which remain primarily unserved, will act as a buffer to potential Sandhill Crane nesting in this area. Community Development Director Grochala advised that the applicant is proposing to phase the development over two years. Fifty-two lots are proposed for development in 2002 and the remaining 50 lots would be developed in 2003. Community Development Director Grochala stated the proposed mandatory thresholds for an EAW and therefore and EAW is no residents, about three months ago, that an EAW petition wa Quality Board. However, staff has received no response fro vision does not surpass the Staff was told by some itted to the Environmental nvironmental Quality Board. Community Development Director Grochala noted th for approval of a Land Development Plan and a W TWAFAA (Table with Authorization for Admini Community Development Director Grochala proposed development. The County will there will be left, through, and right the Sherman Lake Road and Pheasan make these improvements as part o Community Development they are considering a 13 -foo oper has made application to the RCWD A ation Plan. The RCWD has approved a ction) for the proposed development. Anoka County has completed its review of the provements to Birch Street (CSAH 10) so that eastbound and westbound CSAH 10 traffic at both intersections. The developer will be required to ent. stated he discussed this further with Anoka County and to the road surface to accommodate that left turn lane movement. He stated the deveer may have some additional comments to make about that improvement but it is believed it ill greatly improve the safety of that section of roadway. Community Development Director Grochala stated that the applicant is requesting the allocation of approximately 54.73 acres of MUSA to service the proposed development. In 1996, the Metropolitan Council provided the City of Lino Lakes with a 150 -acre "MUSA Reserve". The reserve was intended to accommodate some limited development within specified areas of the City until the updated Comprehensive Plan, including the transportation element, was completed. There are approximately 15.7 acres remaining in the City's MUSA Reserve. On August 14 the Metropolitan Council approved the City's 2001 Comprehensive Plan. As part of the plan, the City requested an additional 359 acres of MUSA to service future development through 2010. As such the proposed residential development is eligible for the MUSA Allocation of 54.73 acres based on the following findings: 11 COUNCIL MINUTES AUGUST 26, 2002 1. The application for 54.73 acres of MUSA is being made in conjunction with the request for preliminary plat approval. 2. The applicant has requested an R -1X zoning designation be applied to the proposed development consistent with the proposed land use contained in the 2001 Comprehensive Plan. Such request has been made in conjunction with the preliminary plat request. 3. The property lies immediately south of Pheasant Hills Preserve, which is within the existing MUSA. The property lies within a Stage 1 growth area as defined in the 2001 Comprehensive Plan. 4. Development of the property is considered a natural utility extension. Existing utilities are located immediately to the north of the site. 5. Development of the property is considered a natural extension of existing roadways. Proposed roadways into the site will connect with the existing Pheasant Hills Drive and Sherman Lake Road. 6. Development of the property is environmentally compat proposed development has minimized impacts to existing Approximately 21.44 acres of the 78.07 -acre site (27%) will 7. The proposed development lies outside the scope of t City's Park Board has evaluated the proposed develo dedication. 8. The Development is consistent with the City's Co 9. Development of the property shall not adverse . ffec e health, welfare, and general safety of the community. 10. Birch Street (CSAH 10) is adequate to h development subject to the improveme responsible for the necessary upgrade 11. The project is proposed to be phas and 50 lots in 2003. with the surrounding area. The ds and tree cover on the site. developed. 92 Park and Trail Plan. The recommended a 100% cash park • nsive Water and Sewer Plan. additional traffic generated by the proposed ecified by Anoka County. The developer will be 10. years. The phasing plan calls for 52 lots in 2002 Community Development Director ' .la stated the applicant has requested the rezoning of the subject property from R, R gle Family Executive. In consideration of rezonings, the Planning and Zoning Board c de i po sible adverse effects of the proposed amendment based on the following criteria: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found consistent with the official City Comprehensive Plan. Comment: The proposed rezoning is consistent with the City's 2001 Comprehensive Plan. The proposed R -1X zoning is consistent with the Low Density Sewered Residential Land Use designation for the property. The Comprehensive Plan was approved by Metropolitan Council on August 14, 2002. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: The proposed R -1X Single Family Residential zoning is consistent with existing and proposed land uses of the area. The proposed gross development density of 1.30 units per acre provides for a suitable transition from surrounding large lot residential developments. 12 COUNCIL MINUTES AUGUST 26, 2002 3. The proposed use conforms with all performance standards contained herein. Comment: The proposed residential subdivision is in conformance with all applicable performance standards. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Comment: The proposed use can be accommodated by existing public services. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Comment: The proposed use will require the installation of left and right turn lanes on Birch Street (CSAH 10) at Pheasant Hills Drive and Sherman Lake Road. The developer will be responsible for making these improvements. Community Development Director Grochala stated the City's En request on March 27, 2002 and June 26, 2002 and recomme excessive wet characteristics of the site, and incomplete inf However, at this time all information required has been submitted recommendations to consider if the propos applicable, have been incorporated into staff's repo Community Development Director Grochala hearing and reviewed the proposal at its Ju approval of the Rezoning and Preli recommendation. The Board also reco conditions: Allocation Comprehens tal Board reviewed the of the request due to needed to process the plat. y the developer. They also roved. These comments, where Planning and Zoning Board held a public 0, 2002 regular meeting. The Board recommended t with the conditions included in the staff approval of the MUSA allocation with the following of S° • 11 e subject to the approval of the City's 2001 etropolitan Council. That the City d=` onstrates the need, consistent with the Comprehensive Plan, for the growth populatio numbers of 3.47 people per home, including the census data of homes built from 2000 to current, as well as what's included in already approved homes for the lot inventory. Community Development Director Grochala stated that based on the findings contained in this report and subject to the conditions listed below, staff recommends the following: A. Approval of the MUSA Allocation subject to the following condition: 1. The development shall be accordance with the approved phasing plan consisting of 52 lots in 2002 and the remaining lots in 2003. 13 COUNCIL MINUTES AUGUST 26, 2002 Approval of the Rezoning from R, Rural District to R -1X, Single Family Executive District subject to the following condition: 1. The Rezoning shall not be effective until 30 days following publication of the ordinance. Community Development Director Grochala stated staff recommends approval of the Preliminary Plat subject to the following conditions: 1. The MUSA Allocation and Rezoning are approved. 2. A revised preliminary plat shall be submitted containing the following modifications: a. The alignment of Street B shall be modified to reduce potential wetland impacts from its easterly extension, subject to staff review. b. The proposed Street B cul-de-sac shall b tended to the easterly property line and modified to reduce the impact on Lot ock 8. c. Street G shall be modified to extend t utherly property line of the proposed subdivision for future exten d. Easements shall be provided for acc pond overflow on Lot 6, Block 8 3. Soils imported to the site, if any, shall 4. The developer shall provide a cash 5. The developer shall provide the including an operation and mai areas. 6. Developer shall prepare brochure with regard to 7. The developer shall s on northeasterly an 8. The developer shal City of Lino park dedication u " en s. 9. The developer all provide conservation easements covering all proposed wetland buffer areas. 10. The developer shall provide dedicated right-of-way or permanent easements covering all proposed temporary cul-de-sacs. 11. The developer shall provide signage identifying wetlands and wetland buffer areas. 12. The developer shall install signage at the end of temporary cul-de-sacs indicating the future extension of such streets. 13. A phasing plan shall be implemented. Phase 1 development shall be limited to fifty- two (52) lots in 2002. Phase II development will consist of the remaining lots in 2003. Nothing herein shall prevent the grading of the entire site in one phase. 14. All modifications as required by the City Engineer shall be satisfied. 15. All required improvements of Birch Street (CSAH 10), as set forth by Anoka County, shall be the responsibility of the developer. en lot F and to cover the emergency ect to approval by the City Engineer. lieu of park dedication. ith a Homeowner's Association agreement greement for the wetland signage and buffer anagement Practices/Environmental Information wetland area requirements. sed landscaping plan showing proposed landscaping rty lines. arranty Deed or otherwise dedicate the Outlots to the veyance of outlots shall not constitute satisfaction of the 14 COUNCIL MINUTES AUGUST 26, 2002 16. All federal, state, county, and watershed district permits shall be obtained prior to commencement of site improvements. 17. The developer shall enter into a Development Agreement with the City prior to commencement of site improvements. Community Development Director Grochala advised that a sign will be installed at the end of the temporary cul-de-sac indicating the future extension of such streets so no confusion will occur. Councilmember O'Donnell asked about the stub of Street G for future extension with Holly Drive and if the number of lots would go from four to five. He also asked if a variance would be needed. Community Development Director Grochala stated it would go up by one lot and all the lots proposed would still exceed the minimum lot requirements of the City. Councilmember Carlson requested clarification of the location Director Grochala used a colored rendition to point out the locati corner of the property. treet G. Community Development Street G in the southwest Mayor Bergeson stated there has been a lot of public input tonight. However, a minute or two will be allowed if an been said before. a public hearing will not be conducted s to say something that has not Lou Masonick, 6440 Tally Lane, stated he is the spoke an for citizens in that area who originally opposed this development. He explained that 1 st= ey provided a description of their concerns to the City. He stated that Community Deve : •i ent Director Grochala did a good job of laying everything out in the staff report and had a' • • the EAW petition. He stated they did submit an EAW petition but received it back from • son saying they didn't do it right by not including the zip codes. The zip codes were added •• : several other things and resubmitted but he has not hear back from Mr. Larson. Mr. omc sta a called them and it was suggested the City Engineer help the residents work on • W petition but they didn't contact the City Engineer. Mr. Masonick stated they c, •she • ha Anoka County does about its County roads and he is concerned there could be serio problems if that is not resolved. In addition, he is concerned that lawn fertilizer is washing into th ponds and asked about the impact to the wetlands. In closing, he stated the group started with a lot of enthusiasm but is disappointed and now feel you can't fight City Hall; it appears this was preordained from the beginning. Mayor Bergeson stated this group made an effort to initiate an EAW but it was sent back for additional information. He asked what would happen if their EAW request was approved after City Council action. It was City Attorney Hawkins' opinion that it would come back to the City to make a determination whether significant environmental issues exist that need to be addressed. Community Development Director Grochala stated the project does not get close to the threshold to require an EAW worksheet and falls into an exempt category. But, an EAW can be initiated by a 15 COUNCIL MINUTES ' AUGUST 26, 2002 group submitting a petition. If they determine it meets the threshold of an EAW then it is forwarded to the City Council to make that determination. He stated in staff's review of the information, they would not recommend at this point to go forward with an EAW on this site. Should the EAW petition come in after Council approval, the project would be moving forward but it is possible that final plat could be delayed if it is decided there is a need for an EAW after this point. Councilmember Carlson asked if the 17 conditions apply to the plat. Community Development Director Grochala answered in the affirmative. Mayor Bergeson asked about the order of consideration. Community Development Director Grochala requested a recommendation from the City Attorney. It was City Attorney Hawkins's recommendation that the first consideration be the MUSA allocation. Councilmember Reinert moved to adopt Resolution No. 02-77, <p ving the Allocation of 54.73 Acres of MUSA to the Stoneybrook Development. Councilme . er seconded the motion. Mayor Bergeson asked if it is clear the MUSA is available Director Grochala stated staff has held discussion with th the paperwork at this point. He explained a PCA pe that also requires a sign -off by the Metropolitan Co Councilmember Reinert asked if a condition is Development Director Grochala stated if tha permit is required to proceed. Motion carried unanimously. Resolution No. 02-77 can be foun ation. Community Development litan Council and are reviewing ld also be needed for this project and assure the MUSA is allocated. Community • uld occur, the PCA permit would be held up and that ty Clerk's office. Councilmember Reinert move ; ap ove IRST READING of Ordinance No. 07-02, Amending the Zoning Ordinance by Rezonm_" ertain Real Estate from R, Rural to R -1X, Single Family Executive. Councilmember Carlson second the motion. Councilmember Reinert voted yea. Councilmember Dahl voted yea. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Mayor Bergeson voted yea. Councilmember Reinert moved to adopt Resolution No. 02-78, Approving Preliminary Plat for Stoneybrook. Councilmember Dahl seconded the motion. Councilmember Carlson raised the issue of Street G and stated she would like Council consensus to not extend Street G for a number of reasons: 1) all five cul-de-sacs are under 500 feet allowed by ordinance; 2) connection between Birch and Holly is not shown as proposed in the Comprehensive Plan Map of proposed roads; and, 3) the development has two accesses that will be put in and one planned for the future. She stated this change would make Stoneybrook more compatible with the 16 • COUNCIL MINUTES AUGUST 26, 2002 neighborhood to the north and protect the character of the neighborhood. She stated there was concern by residents of Holly Street that they would not have the opportunity to say "no" to that road extension. They were told if there are two properties, they would have protection under the Charter to vote. But if extended east and west, more than two property owners would be involved so they would not have as much protection as the City presented they would have. She requested the motion be amended to not require the extension of the Holly Street easement. Councilmember O'Donnell stated his concern is with traffic control when the property to the south develops. He asked about the impact to develop the property to the south if the street is not stubbed in. Community Development Director Grochala stated it would have no direct impact but it is the thought to have some unifying connectivity between developments. He noted that Lino Lakes is a cluster of developments in and of themselves, and this project - ld be set back from Birch Street with no connectivity to other developments. He stated that deve segregated city and in the future, all development proposals will impact traffic on Birch S ere would be no other alternative but to use Birch Street. Community Development Director Grochala explained t property to the south develops in the future; there wo Street. He stated Holly Street would be a residenti Community Development Director Grochala st, connection but would function better with th comments from the Fire and Police Dep not stubbed out to provide that access. Mayor Bergeson stated he would f possibility to connect neighborhoods. should have been connecte ituation would occur when the o other alternative but to use Birch eet, t a collector street. operty to the south can function without the ection. He stated that on a staff level they look at most times they ask why a street connection was staff's intent is to keep the "door" open for options. al for connection since it is important to have the oted there are a lot of situations where neighborhoods but now that is not possible. Mayor Bergeson advised Coun member Carlson that she could continue to solicit comments or pursue the amendment by placinan amendment motion on the floor. Councilmember Reinert stated he likes to look at what would be accomplished and a concern with the stub would be more of an immediate concern. He questioned whether a street would be forced in there as the concern was expressed during Open Mike. He stated he does not think the City would force a road through there or utilize the stub for 20, 25, or 30 years in the future. He stated that maybe no one will want to develop the land to the south of this development but he thinks it would be irresponsible for the City to not allow the option for a stub connection which would allow the City to grow in a manner that makes sense and allows emergency vehicle access. Councilmember Reinert stated he supports providing those types of options for the future. He stated if he lived in this neighborhood or to the south he may not prefer having the stub but the Council 17 COUNCIL MINUTES AUGUST 26, 2002 needs to make decisions based on what is good for the entire City. He stated he supports the motion as it stands. Mayor Bergeson noted the motion on the floor allows the connection so an amendment to the motion would be needed to change that. Councilmember Dahl asked if development on the other side is scheduled before or after 2010. Community Development Director Grochala stated the property to the south is scheduled to be developed past 2010. Councilmember Dahl stated she can understand the concern of Councilmember Carlson. She noted that Trappers Crossing did not connect to Holly Court and mentioned several other developments that also do not connect. She stated it is her understanding that trails would connect the neighborhoods, not roads. Councilmember Dahl stated she also thinks trails sh, d connect neighborhoods, not roads. Councilmember Dahl asked if this right-of-way would be de s=` e remain a grassy area or a barricade placed at the end of the road. Community Develo `ent irector Grochala stated the road would be platted and the physical improvement would b . c ct a cul-de-sac with a sign erected at the end to advise that the road will be extended in t a e. He explained the area to the south is a long-term Stage 2 growth area and the extension • ld pro • ably be a direct result of something being developed to the south. Community Devel « irector Grochala stated that hindsight is 20/20 and staff is trying to get ahead of that an the option. He noted that an extension may • never occur but if it does, the option would b ailable. Councilmember Carlson stated that sinc •' 'ty does not support her amendment, she will not make a motion to amend. She sugge relates more to having a different vision of neighborhoods, not in being respo aq rre nsible. Mayor Bergeson stated he sr n - . rhood was connected. Motion carried unanimously. Resolution No. 02-78 can be found in the City Clerk's office. Consideration of Resolution No. 02-96, Denying Minor Subdivision and Variance, Corey and Shelly Bachman, Tanda Gretz — Associate Planner Gretz stated agenda item 7D is an application for a Minor Subdivision and Variance. The applicants are Corey & Shelly Bachman, son and daughter-in-law of the owner of the property, Warren Bachman. Mr. Bachman owns 29 acres at 1487 Ash Street, which is zoned Rural and is mostly in agricultural use at this time. Mr. Bachman would like to subdivide the property into two lots: one of 18 acres and one of 11 acres. Mr. Bachman plans to live on the 18 -acre lot, which contains the existing home and outbuildings and approximately 15 acres in agriculture; Corey & Shelly Bachman would then plan to build on the eleven acre lot, keeping ten acres in existing agriculture. 18 COUNCIL MINUTES AUGUST 26, 2002 Associate Planner Gretz stated the required minimum lot size for property in a Rural zone is ten acres. While both proposed lots would meet this size requirement, the Certificate of Survey for the property indicates that the 11 -acre parcel would not meet the minimum lot width requirement of 330 feet, having a width of just 221.6 feet. As the proposed lot will not meet the minimum width requirements for property in a Rural zone, it would also not meet the requirement that "all lots shall abut for their full frontage on a publicly dedicated street," as specified in the Lino Lakes Subdivision Ordinance. For this reason, the applicant is asking for a Variance from the minimum lot width requirement. Associate Planner Gretz noted both proposed lots will meet the required minimum upland area of 20%. Soils tests confirm that soils on each of the proposed lots are capable of supporting a septic system, and that there is room for both primary and secondary sites. Associate Planner Gretz explained that since the property is located on Ash Street, which is a County road, plans have been forwarded to the Anoka County Highwa • artment for review and approval of an access drive for the proposed 11 -acre parcel. Associate Planner Gretz noted that while the property is zon :w, development is likely at some point in the future, when utilities become available. suc time, minimum lot requirements become important, because they safeguard access for sucln f cture as roads and utilities. For example, because proposed Parcel A measures 221 fe t r than 330 feet, placing a 50 -foot wide home in the middle of the lot would not then allow . ugh om on the lot to accommodate the necessary road and setbacks, which will be neede the land north of the site develops. Associate Planner Gretz stated that overall from the minimum lot width requirement Ordinance directs that "in considering a City shall make a finding of fact," ba oposed Minor Subdivision will require a Variance in a Rural zone. The Lino Lakes Zoning s for Variance, and in taking subsequent action, the ollowing five points: 1. That the property in question . be put to a reasonable use if used under conditions allowed by the offici 2. That the plight of the 4 •`• yrs 1 due to physical circumstances unique to his property and not created by the lando ner. 3. That the hardship is not .fie to economic considerations alone and when a reasonable use for the property exists under the terms of the Ordinance. 4. That granting the Variance requested will not confer on the applicant any special 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. Associate Planner Gretz stated in reviewing the application, staff has found no hardship or physical circumstance created by the site itself, which would dictate the necessity of a Variance. Rather, the land simply does not meet the minimum lot requirements for the new use the applicant has in mind. As a result, staff cannot recommend approval of the proposed Minor Subdivision and Variance. Councilmember Carlson asked about the report from Anoka County on the access. Associate Planner Gretz stated nothing has been received. 19 COUNCIL MINUTES AUGUST 26, 2002 Mayor Bergeson noted the Planning and Zoning Board recommends approval and staff recommends denial. Associate Planner Gretz stated that is correct. Corey Bachman, applicant, stated his opinion that City staff has not been helpful since the beginning of this process. He corrected that the house would be on the right side of the lot which leaves enough room for a future road access. He stated several developers had expressed interest but since City staff had indicated that sewer and water would not be available for up to 15 years, they are no longer interested. Mr. Bachman explained that a developer would tear down the existing home and put a road in the middle with houses on both sides so there would be two existing roads. He stated the property can't be used for anything so he wants to build a home for himself and his family. Councilmember Reinert asked if the existing house would be removed if this request is approved by the City Council. Mr. Bachman stated if a developer were to ge property they would tear it down so they could get more houses. He stated he will place the house. i « ocation to assure there is enough space for road access. Councilmember Reinert asked if 330 feet of frontage is req a d f a legitimate subdivision. Community Development Director Grochala stated that ' o e Councilmember Reinert asked who owns the third g f land. Mr. Bachman stated a neighbor owns that parcel. Mr. Bachman stated his neighbor was requir- get a variance since they had a 100 -foot lot. However, the City said they don't have afiat variance. Associate Planner Gretz stated a hou lot of record but under the lot requi not needed. loped on 1573 Ash Street since it was a preexisting it was a preexisting lot of record, a variance was Mr. Bachman commented on + pat -d development in North Oaks. Community Development Director Grochala stated that s a' er would come up Centerville using the White Bear Township interceptor to which North Oaks s also connecting. Mr. Bachman stated City staff told developers there would never be sewer so they are not interested. Community Development Director Grochala explained that this is a Stage II area so utilities would be post 2010. Mayor Bergeson stated if proposals move forward sooner, utilities would come from White Bear Township. Councilmember Carlson stated a development is happening to the east with the North Oaks Company. 20 • • COUNCIL MINUTES AUGUST 26, 2002 Mr. Bachman stated that is being placed along the County line and through the swamp. He stated his dad is now retired and the land can't be used for anything else so he wants to build a house on the property. Councilmember Reinert inquired regarding the 330 -foot width requirements. Community Development Director Grochala explained how it was calculated as being a fractional breakdown from the overall survey. Councilmember Dahl stated at the Planning and Zoning Board meeting, the issue of the standard width along County Road J was raised and Associate Planner Gretz had indicated there were quite a few lots that were substandard along County Road J. Councilmember Dahl noted the Council is to take into consideration the character of the neighborhood and stay within that character. She noted that if there are already substandard lots in this neighborhood, it would not set a precedence to consider this application. Rather, it would maintain that alread isting character. Councilmember Dahl noted that the City does things for develop She stated this project will not create a strain on the school s the whole realm of issues. Associate Planner Gretz stated that is correct that they, to the east of this property. She explained that as a have a tighter focus than Councihnembers can t would be unusual about this lot if compared to conscience, recommend something that is ag ometimes considers a PDO. the Council needs to look at number of substandard lots, in particular f person she sees it as her responsibility to stated that is not to say there is anything that g Ash Street but she could not, in good the ordinance. Councilmember Dahl stated, in her opin `�`' , sh hinks keeping the character of the neighborhood is what the Council is to do to help rest a sees no problem with this variance request. Councilmember Reinert stated at not want to create somethin to create a problem for this m would like to be able to discus this application tonight. ime two or three wrongs do not make a right and he does oblem in the future. At the same time, he does not want ouse for his family. Councilmember Reinert stated he e options at a workshop and asked if there is an urgency to consider Mr. Bachman stated he would like to start building as soon as possible. He pointed out that every lot in that area has only 100 feet frontage. Councilmember Reinert noted that every action taken sets a precedent and if there is a way to help the applicant use the land and build a home by coming back to a work session, he would prefer to do so. He noted that if this application fits, then it would be done, but he would like to have further discussion. Associate Planner Gretz stated there is no urgency on staff's part. Mr. Bachman asked what would be changed through further discussion. 21 COUNCIL MINUTES AUGUST 26, 2002 Mayor Bergeson stated one of the reasons there is a width regulation on rural lots is to prevent or minimize a flag lot situation. He noted the proposed subdivision does create somewhat of a flag lot but he understands why the line is there to preserve the house on Parcel B. However, if the house were not there and the line could be placed anywhere, you still could not obtain 330 foot frontages on both lots, only on one or the other. Thus, you would create a flag lot. He stated there is a right to split off a piece as small as one acre but it must have 330 feet of frontage. Mayor Bergeson stated if one acre is split off along County Road J and it had to be 330 feet, you would still have a flag lot on one or the other. He stated this is a situation where he believes some accommodation is justified. He stated in the case of the one acre lot, he would support more work on the ordinance since requiring 330 feet on the street would mean it is only 100 feet deep. However, the preference would be to have the more narrow width of the lot abut the street. Mr. Bachman stated he is the trustee of his parent's property so 1 a . ld remain under his ownership. Mayor Bergeson stated he does not think this is an unreasonbr, : est. He noted a motion is not yet on the floor. Councilmember Carlson noted the road would go up a of the property and a 32 -foot road would need 60 feet of right-of-way. That would leave ab • 62 which could accommodate R-1 or R - 1X zoning requirements. She noted this allows f•'" 4 development but her mind is not entirely made up. She stated she thinks she is in agree a ayor Bergeson since Mr. Bachman owns the property and the situation exists that he c • a e t get 330 feet of frontage on both lots so it would be possible to accommodate such a request. v <'she also understands staff's position to uphold the requirements of the City's ordinance. Community Development Director 60 foot right-of-way with 135 foot Mayor Bergeson noted the P1 recommendation is for denial, further discussion. d the 330 foot requirement is designed to provide a on either side. g d Z• ning Board recommendation is for approval, staff Councilmember Reinert suggested the application be tabled for Councilmember Dahl moved to approve the minor subdivision and variance request of Corey and Shelly Bachman, 1487 Ash Street. Councilmember O'Donnell seconded the motion. Councilmember Carlson suggested a condition be included to place the house and road as described by the applicant. She asked if an easement should also be required. Associate Planner Gretz recommended the following conditions be added to the motion to approve: 1. A park dedication fee of $1,665, to be paid prior to the certification and recording of the Minor Subdivision. 22 COUNCIL MINUTES AUGUST 26, 2002 2. The applicant shall dedicate to the City drainage and utility easements measuring ten feet in width along the front property line and five feet in width along the side and rear property lines, and covering all ponding and wetland areas. Such dedication shall be in the form of a Quit Claim Deed, per the City Attorney. 3. The applicant shall dedicate permanent public right-of-way along Ash Street (County Road J). Such dedication shall be in the form of a Quit Claim Deed, per the City Attorney. 4. Any septic system be sited ten feet or more from property lines, according to Building Code. Councilmembers Dahl and O'Donnell amended the motion on the floor to accept the conditions as outlined by staff. Councilmember Reinert asked if the conditions suggested by Councilmember Carlson should also be included. Councilmember Carlson requested the City Attorney make a rec s `* -ndation. It was City Attorney Hawkins' recommendation that the condition should be includes p. of the consideration tonight. Councilmember Carlson stated this application is being app up the westerly side of the property. It was City Attorne appropriate time to make such a requirement. n the basis that the road would go s opinion that this is the Councilmember Carlson asked that these conditio s be ` +ded to the motion on the floor and restated the conditions as follows: 5. The applicant shall place the hom e A stern part of Parcel A. 6. The applicant shall dedicate a 6 1 o of ro a d right-of-way up the western edge off Ash Street extending north on the short + R' •<$ feet). Councilmembers Dahl and O'Donneded the motion on the floor to include these two additional conditions. Mayor Bergeson noted that if s e of the parcels are combined for future development, the easement could be traded for a slightly diffgent location. Community Development Director Grochala clarified that the conditions for drainage and utility easements and public rights-of-way along Ash Street would apply to both Parcels A and B. Warren Bachman, property owner, stated he was told he had to stay back 30 feet from the center of the road. Community Development Director Grochala stated the existing property line is about 37 feet back from the center of the road. Ash Street is a County road and they would typically be looking at 100 to 120 feet of total right-of-way so 60 feet from the center line would be required as part of the subdivision. He stated that is a typical requirement for subdivisions. If there is no subdivision, then that dedication would not be required. 23 COUNCIL MINUTES AUGUST 26, 2002 Warren Bachman stated he just ordered 60 more trees and wants to be sure they are not planted on the right-of-way. He explained that he hired someone to put in the ditch to get rid of the standing water and help with snowplowing. He stated he would like to see a ditch on the other side as well so the water would run into the creek. Mr. Bachman noted this would also get water off the road. Councilmember Carlson stated the two conditions she added relate to the subdivision and variance. The other four are not unusual conditions since the County sees this as an opportunity to gain right-of- way they would not have to acquire in the future should the road be improved. Warren Bachman asked if Anoka County has plans to improve this roadway. Community Development Director Grochala stated he has not looked at the latest County plans but knows it is not planned during the next five years. Motion carried unanimously. Mayor Bergeson called for a brief recess at 8:42 p.m. The Consideration of Resolution No. 02-97, Approvin Gretz — Associate Planner Gretz advised that agen Subdivision. Ms. Zehowski owns 30 acres, zone subdivide into two lots: one of 2.5 -acres and o Associate Planner Gretz stated that althou size requirement of 10 acres, the 2.5-acr the Lino Lakes City Code, which all size down to a minimum of one ac requirement. was reconvened at 8:48 p.m. Subdivision, Mary Zehowski, Tanda em is an application for a Minor at 900 Oak Lane, which she would like to acres. is zoned Rural, and therefore has a minimum lot `s being created under Section 3, Subd. 3.A.2.b.2 of constructed prior to July 13, 1992 to reduce their lot of the property meets the 10 -acre minimum Associate Planner Gretz poin ut , at the Certificate of Survey for the property demonstrates that both of the proposed lots will et the minimum lot size, lot width, and upland area requirements. In addition, soils tests performed sh w that there are soils on each of the lots capable of supporting a septic system, with room for both primary and secondary sites. Associate Planner Gretz noted that there is a complicating issue in the form of the placement of the western property boundary for this property: it appears some of the outbuildings of the existing home (and possibly the home itself) are actually sited on the neighboring property to the west. City Attorney Hawkins has advised that the boundary issue should be handled as a separate matter, and not interfere with the processing of this application for a Minor Subdivision. Associate Planner Gretz stated since the proposed Minor Subdivision meets all minimum lot requirements as specified under the Lino Lakes City Ordinance, staff would recommend approval, with the following three conditions: 24 COUNCIL MINUTES AUGUST 26, 2002 1. A park dedication fee of $1,665, to be paid prior to the certification and recording of the Minor Subdivision. 2. The applicant shall dedicate to the City drainage and utility easements measuring ten feet in width along the front and rear property lines, five feet in width along the side property lines, and covering all ponding and wetland areas. Such dedication shall be in the form of a Quit Claim Deed, per the City attorney. 3. The applicant shall dedicate to the City a 33 -foot wide permanent public right-of-way adjacent to Oak Lane. Such dedication shall be in the form of a Quit Claim Deed, per the City attorney. Councilmember Reinert moved to adopt Resolution No. 02-97, Approving Minor Subdivision, Mary Zehowski. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02-97 can be found in the City Clerk's office. Consideration of Resolution No. 02-102, Approving Dev 56 Addition, Michael Grochala — Community Develop` the final phase of the Clearwater Creek 5th Additio preliminary plat of Clearwater Creek 3rd Addition is now requesting approval to begin construction development, to be known as Clearwater Cree of 54 single family residential lots. Community Development Director Gr approval and City policy staff has pr the following: t Agreement, Clearwater Creek ctor Grochala explained that this is oted that the City Council approved the 2, 1999. Gor-Em, LLC, the developer, ovements to complete the final phase of the ion. Clearwater Creek 5th Addition consists tated that in accordance with the preliminary plat evelopment Agreement. The agreement provides for 1. Submittal by the de • f . er of Credit in the amount of $906,850.00 representing 150% percent of the - ^ op ent improvement costs to insure completion of the project in accordance with the ap s •ved plans. 2. Submittal by the develo -r of a Letter of Credit in the amount of $117,355.00 representing 35% of the costs to be assessed for the project. 3. Deposit of a cash escrow in the amount of $139,400.00 to reimburse the City for costs incurred by the City related to the development and improvement of the site and developer improvements. Gor-Em development has reviewed the agreement and is aware of the conditions set forth. Community Development Director Grochala stated staff recommends the City Council approve Resolution No. 02-102, Approving Development Agreement, Clearwater Creek 5th Addition. 25 COUNCIL MINUTES AUGUST 26, 2002 Councilmember Carlson noted as -built surveys are being required but that is not included in the development agreement. Community Development Director Grochala explained that is the responsibility of the developer as part of the City's policy. But, it can be added for clarity. Community Development Director Grochala suggested it be added as follows: "Section IV, Building Permits, C., A Certificate of Occupancy will not be issued until completion of an as -built survey to assure the actual grades of the development are consistent with the approved grading plan." Councilmember Carlson displayed pictures provided by Kathy Keifer who could not attend the meeting tonight. She explained that one picture shows standing water that occurred last spring (year 2001). Another picture is of the same area this spring (year 2002) and shows the problem went beyond a year. That problem has been fixed. Councilmember Carlson stated the third picture shows how the pond on the neighbor's yard looks. She suggested that no new buyer probably reads the grading plan to assure the yard is graded appropriately. Councilmember Carlson stated the homeowner has given up so of yard to provide a slope and if it does not hold, may have to give up more property. She -" on the importance of requiring as -built surveys to assure the lots are properly gray=� . S ` e stated she hopes the Council will support resolving this problem without taking more of th oer's property. She explained the pond is getting larger and the rock around the drain ti a e pond is not holding. Councilmember Reinert stated those are good co requiring as -built plans. He stated an issue wit and he would like to assure that same proble on an existing problem and he supports ater in Trappers Crossing was also raised not duplicated here. Community Development Director Gro a st.ed staff will stay on top of this development and has already held a preconstruction meeti developer know what is being expected. He advised that a silt fence will be required an. ity a pe ` ; ` s will stay on this project from the get -go. He assured the Council that staff has e m- " covered and building permits will not be issued until all issues are cleared up. He e he gess that will be used to provide a good method for tracking responsible parties s ,`� a` oblem occur. Councilmember Reinert agreed t at some of the undeveloped properties have created more runoff. He asked how the City can act promptly should a culvert be filled with silt. Community Development Director Grochala stated the City Attorney can provide a recommendation on the requirements that can be placed on the developer. In addition, the developer will be responsible to keep those areas clean and address some of the builder issues. He stated staff is excited to start fresh with this type of development to assure all the steps go according to plan. He stated this is somewhat of a training process about what will be expected from the developer and then carrying that forward to the builder. Community Development Director Grochala noted there may be more issues that must be dealt with than previously required. Mayor Bergeson noted the City has escrows from the developer but not from the builder. 26 • COUNCIL MINUTES ,< AUGUST 26, 2002 Community Development Director Grochala stated there are small escrows from the builder and when the Building Code is adopted in the near future, staff will recommend that a larger escrow be required of the builder. Councilmember Dahl asked if the developer of Clearwater Creek will address the drainage problems. Community Development Director Grochala stated the drainage area depicted in the pictures has been addressed to create a drainage swale by putting in drain tile, catch basins, and backfilling with gravel and sand. After the last rain, it worked pretty well, In addition, there were some erosion issues along the pond which Mr. Quigley has assured will be corrected. Community Development Director Grochala stated the erosion of the bank adjacent to the pond is another issue. He explained that is a very steep slope and that building pad may have been higher than at first anticipated. He reviewed the configuration of thosoT operties and location of drainage easements. Community Development Director Grochala reporte e ' ass is growing on the steep slope and some patching has occurred to rectify that situation. Mike Quigley, Gor-Em, LLC, the developer, stated the pro of and was addressed at the workshop. He stated they w occurred after a hard rain. ded to is the only one he is aware the washout area by the riprap that Mr. Quigley stated they provide an as -built gradin pl or the entire area to the City. The as-builts IIbeing discussed now are really part of the buil . > : , process and an ordinance was passed to require them as part of the certificate of occu process. He stated he supported that ordinance being passed. • Councilmember Carlson stated she the solution to the pond. She state beyond that before the drain tile was drainage and City staff is sp t to see the Keifers lose more of their yard as part of ere taken a year apart and it was several months d. She stated she has received a lot of complaints about e on that issue as well. Mr. Quigley explained where t wetland is located and noted the Keifers already have more yard than they should have. Councilmember Carlson explained that most buyers rely on the professionals and in this case it was not graded according to the plan. Mr. Quigley clarified that the Keifers had the house built and did request that grading. Mayor Bergeson asked if there is a schedule for the common area in the middle. Mr. Quigley stated they have inspected it several times and it is on schedule. Councilmember O'Donnell moved to adopt Resolution No. 02-102, Approving Clearwater Creek 5th Addition Development Agreement. Councilmember Carlson seconded the motion. Motion carried unanimously. 27 COUNCIL MINUTES AUGUST 26, 2002 Resolution No. 02-102 can be found in the City Clerk's office. Consideration of Resolution No. 02-98, Closing Out Civic Complex Project, Michael Grochala — Community Development Director Grochala advised that the Civic Complex Construction Fund has a balance of $85,456 and there is no activity anticipated within the fund. Staff recommends the fund be closed and the balance be transferred to the Capital Improvements Projects Fund. Staff recommends the City Council adopt Resolution No. 02-98, closing out the Civic Complex Construction Fund and transferring the balance to the Capital Improvements Projects Fund. Councilmember Carlson moved to adopt Resolution No. 02-98, Closing Civic Complex Construction Fund. Councilmember Reinert seconded the motion. Motion carried unanimously. Resolution No. 02-98 can be found in the City Clerk's office. UNFINISHED BUSINESS There was no Unfinished Business to consider. NEW BUSINESS June 24, 2002 City Council Meeting Minutes July 8, 2002 City Council Meeting Min July 22, 2002 City Council Meetin August 7, 2002 Council W Q . , Session August 12, 2002 Council Mee M utes Councilmember O'Donnell note he was not in attendance at the July 8, 2002 meeting and requested that motion be made separately so he can abstain from the vote. Regarding the July 8, 2002 City Council Meeting Minutes, Councilmember Carlson requested the following amendments: Page 8, fourth paragraph, first line: "Councilmember Carlson stated she did not make the motion or second the motion..." Page 8, eleventh paragraph, last line: "...residents to express their opinions and weeld-be-taking move forward to a decision." Councilmember Carlson moved to approve the July 8, 2002 City Council Meeting Minutes, as amended. Councilmember Dahl seconded the motion. 28 COUNCIL MINUTES AUGUST 26, 2002 Motion carried 4-0-1, Councilmember O'Donnell abstaining. Regarding the July 22, 2002 City Council Meeting Minutes, Councilmember Carlson requested the following amendments: Page 9, eighth paragraph, second line: "...by City staff, would the developer be able to begin grading the property..." Page 11, sixth paragraph, first line: "Councilmember Carlson noted there will be are other existing cxpensivo homes adjacent to these ponds and..." Page 12, eighth paragraph, last sentence: "...Board had not been included in staff's recommendation the City Council would have to take action adding it to the list of conditions. Regarding the August 7, 2002 Council Work Session, Councilmember Carlson requested the following amendment: Page 5, first paragraph, last line: "...to get the feasibility study,: Elm Street done with traffic calming on Elm Street and Second Avenue so the project is com. = ® next spring. Councilmember Reinert moved to approve the June 24, 200 submitted; the July 22, 2002 City Council Meeting Minutes Work Session as amended; and, the August 12, 2002 Co Councilmember Dahl seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR AUGUST 27, , 02 THROUGH SEPTEMBER 9, 2002: Wednesday,August 28, 2002, 6:30 p. onmental Board Meeting Wednesday, August 28, 2002, 5:3,.m:, o i unity Room, City Council 2003 Budget Work Session Monday, September 2, 200 , bo ) ay, City Hall Closed Wednesday, September 4, 200 5:30 p.m., Council Work Session Thursday, September 5, 2002, 7:00 a.m., EDAC Monday, September 9, 2002, 6:30 p.m., City Council Meeting Tuesday, September 10, 2002, Polls open from 7:00 a.m. to 8:00 p.m., Primary Election Mayor Bergeson encouraged anyone with questions about the polling location to contact City staff. ADJOURN cil Meeting Minutes, as ded; the August 7, 2002 Council ing Minutes, as submitted. 29 COUNCIL MINUTES ,AUGUST 26, 2002 There being no further business, Councilmember O'Donnell moved to adjourn at 9:24 p.m. Councilmember Reinert seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, September 9, 2002. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. 30