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7. CITY ENGINEER'S REPORT: <br />A. Order plans and specs for 2000 MSA <br />Tom Prew indicated in his memo dated April 25, 2000, as part of the development of United Properties; the <br />City will be constructing a MSA street through the parcel. This was discussed with the City Planner and <br />City Attorney about the need to have a separate agreement inplace with United Properties for this work. <br />DeLapp asked if there could be a way the City Engineer can suggest a design to differentiate a Lake Elmo <br />street in a commercial district from a typical commercial street in Woodbury. Tom Prew responded the <br />developer is in charge of landscaping and maintaining the island. <br />M/S/P DeLapp/Armstrong — to order the City Engineer to prepare plans and specifications for the street <br />through Eagle Point Business Park. (Motion passed 5-0). <br />8. PLANNING, LAND USE & ZONING: <br />A. D&T Development/Tjosvold-Zehrer Open Space Concept Plan <br />At its April 10, 2000 meeting, the Planning Commission adopted a motion to recommend denial of this OP <br />Concept Plan application to plat 17 single family detached lots on this site of slightly less than 40 acres. <br />Their findings for denial primarily address non-compliance of the Concept Plan with the purpose and intent <br />of the OP standards with regard to permanent open space proposed; and the proposed setback of principal <br />structures from site property lines. <br />Tim Freeman, Folz, Freeman and Dupay, presented a new concept plan explaining that the Tjosvolds' <br />would save three lots in front of the flag lot for their children. The Planning Commission gave the <br />applicant five items to address. At the second PZ meeting, Freeman stated he provided information on all <br />five items, but the PZ recommended denial. He asked who are you trying to buffer from when one OP <br />development is backing up to another OP development. The code is clear, and this development does <br />comply with every aspect. The property owner to the east has voiced agreement for access of roads at PZ <br />meetings. This is the first time for a development to be tabled until acceptance of land. Mayor Hunt <br />responded that the City would work with the Land Trust up front from now on. That will overcome the <br />problem we have had with Land Trust decisions not to accept easements after the Council has already <br />approved Final Plats assuming such easements, and therefore, granting bonus density for those easements. <br />Planner Dillerud stated RE zoning is an option and does not buy the spotzoning issue. The acceptance date <br />of application was March 6'h so a decision has to be made tonight. <br />Referring to Section 300.07 Sub 4H Attorney Filla indicated that density credits are available if developers <br />covey a conservation easement to a qualified Land Trust. Section 300.07 Sub 4B of the code indicates that <br />Open Space can be preserved by an easement to a Land Trust or by an easement to the City. However <br />density credits are only available if the easement is conveyed to a Land Trust. <br />Council discussion followed. Council members Siedow and Armstrong had a problem with setback issue. <br />This development was getting away from the spirit of OP, looking less rural, and is indicative of how <br />difficult OP regulations can be met. Council member DeLapp added that by platting Outlet C, a segmented <br />road extension would break Outlet C and D. A lateral easement is needed from the adjoining property <br />owner for road extension. Council member Dunn would like the option for a less dense development and <br />hates flag lots. Mayor Hunt understood what the developer is trying to do, but asked them to look at <br />reconfiguration. When the Land Trust and the developer meet concerning what it will take for the Land <br />Trust to accept the easement that would take care of the Flag Lot objections. <br />The Council asked to show the entire roadway on Tjosvold site, voiced objection of a flag lot in a protected <br />open space. This development is not laid out as a typical OP development. Tim Freeman stated that the <br />propertyowner wants to protect open space surrounding the new house he is proposing to build. Planner <br />Dillerud responded that in most cases you have a preexisting structure on the site, but in this case you <br />would be creating the situation with a new structure. <br />LAKE ELMO CITY COUNCIL MINUTES MAY 2, 2000 4 <br />