2001.09.17 CC Minutes - Laserfiche WebLink

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City Council meeting of September 17, 2001 Page 3 JD2 APPEAL COURT COSTS At its September 5, 2001 meeting, Council directed City Attorney Dave Snyder to prepare a letter to the State Attorney General's office, who is preparing the court costs related to the JD2 lawsuit appeal process for the MnDNR and BWSR. Mayor Miron passed the gavel to Acting Mayor Chuck Haas. Mr. Snyder provided the Council with an update on his work to -date on this issue. No Council action was required. Acting Mayor Haas then passed the gavel back to Mayor Miron. GOR EM/BRAMSTEDT LLC COMPREHENSIVE PLAN AMENDMENT TO INCLUDE 59 ACRES IN MUSA At its July 16, 2001 meeting, the Council tabled action on the application from Gor-Em LLC at the request of the applicant. The applicant requested that the item be tabled to allow the City additional time to complete work on its capital improvements program. The applicant is requesting a comp plan amendment to include 59 acres within the Metropolitan Urban Service Area (MUSA). The applicant's property is located within the urban reserve; however, the urban reserve is the land located outside of the 2020 MUSA that is planned to receive municipal sewer and water. The decision to include additional property within MUSA is a policy decision of the Council. At its meeting in June 2001, the Planning Commission considered the issues related to the applicant, and recommended denial of the request. CD Director John Rask provided a history of the request and reviewed the criteria used in analyzing the request. The Council discussed the need for improved transportation for Goodview Avenue and access to TH61, as well as the lack of adequate supply for the potential 122 home sites. Gor-Em LLC Planner Mike Gair addressed the Council stating why the Council should support their request. He also stated that the developer was willing to financially participate in the street improvements needed for Goodview Avenue; however, he was not able to say to what degree they would be able to contribute. Councilman Haas commented that the project did have obstacles, but also many positives. Because existing transportation problems will probably be remedied in the future, he felt that the request was somewhat "before its time". Developer Mike Quigley verbally agreed to waive the statutory review period for the review of the development application. Miron made motion, Haas seconded, to adopt RESOLUTION 2001-55 APPROVING FINDINGS OF FACT DENYING A COMPREHENSIVE PLAN AMENDMENT FOR GOR -EM LLC FOR PROPERTY EAST OF GOODVIEW AVENUE SOUTH OF 145T STREET. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. FINAL ACCEPTANCE FOR ONEKA LAKE VIEW/ONEKA LAKE VIEW EAST The Oneka Lake View and Oneka Lake View East townhome developments have been completed for more than one year. City Engineer Dave Mitchell reviewed all of the work, and found them to be in compliance with the Development Agreements and City standards. City staff recommended Council approve the final acceptance for the Oneka Lake View and Oneka Lake View East townhome developments and release all escrows and securities, as required by the Development Agreements. Residents Diana LaRock, Rosemary Gorenz, and Ron Gray cited specific areas of the development that have not been satisfied according to the Development Agreement: private road and traffic control signs; landscaping; one dead tree; overlay on Oneka Lake Blvd; and removal of silt fence adjacent to ditch.