CC Minutes 8-9-21City Council Minutes – August 9, 2021
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NEW BUSINESS:
1. Ordinance 676: Approve a Request to Rezone Property from Agricultural Estate
District (A-2) to Single-Family Residential (RSF) and Subdivision of Property into 21
Single-Family Lots with Variances at 775 West 96th Street
Ms. Aanenson noted Planning Case #2021-12 Erhart Farm went before Planning Commission on
July 20, 2021 and Black Cherry Development is making the request. She showed the subdivision
first phase which terminates on a temporary cul-de-sac and noted there was a wetland alteration
permit and the site is heavily wooded. The Applicant is requesting the rezoning which is
different from the first phase and is straight single-family minimum 15,000 square-foot lots.
Staff believes this is the most appropriate zoning district. The subdivision is creating 21 single-
family lots and one of the lots is the existing farmstead, extending the sewer and water to the
properties, and access via West 96th Street. Ms. Aanenson noted some questions from one of the
property owners that thought extension of the street was crossing her property; they did get the
documentation that it is unimproved City right -of-way. The property is heavily wooded and that
was a concern regarding development, so there is tree preservation plan and the Applicant must
increase the tree planting to meet all those requirements and are part of the conditions of
approval.
Mr. Howley spoke about grading and drainage, and showed onscreen a place where there are
currently wetland spoils which must be removed. He noted this is an important cog in the overall
Comprehensive Plan for utilities, they will extend water main on the map all the way through,
stub it at West 96th Street, and stub it at the end of Eagle Ridge Road, and said the portion of the
main running down the spine will be a 12-inch trunk main and the rest will be 8-inch main.
There is currently a temporary lift station at the end of Eagle Ridge Road at the temporary cul-
de-sac and a new lift station will be constructed and the temporary one will be abandoned. He
explained current and future lift station plans within the area. Mr. Howley spoke about storm
sewer and noted all collection will be via gravity and goes into a storm water best management
practice (BMP); the Applicant still needs to go to the Watershed District and get formal
approvals. He spoke about collector roads, local roads, and nature trails and said the plan is to
ultimately extend Eagle Ridge Road as the collector all the way to Powers Boulevard, and there
will be sidewalks on the streets as that is the City’s standard. Mr. Howley stated in the 2040
Comprehensive Plan it shows the need for another water tower in the City and noted a blue dot
on screen for an ideal potential location, although they are a long way from putting in that water
tower. He noted after the subdivision goes in, it is a perfect time to redo West 96th Street and
they put it on for 2026 although that date could change.
Ms. Aanenson noted some neighbors were concerned about streets and the City does not know
how that will be platted out. Another question that was asked earlier is whether this would
require an Environmental Assessment Worksheet (EAW) and because it is under 250 residential
units they will not need to. Ms. Aanenson walked the Council through variances and stated the
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Planning Commission held a public hearing on July 20, 2021 and voted 6-0 to recommend
approval of the project subject to conditions of the Staff report.
Mr. Howley shared concerning the future project on West 96th Street, it would be a public project
that the City would assess for which is typical. He noted residents there already have sewer and
would not be assessed for that, and would not be charged a hook-up for sewer; they would be
assessed for the roadway reconstruction and the City will put in storm sewer and water main. He
clarified people would be assessed 100% for the water main and 40% for the roadway costs. He
estimated about a $15,000 assessment total over 10 years. Residents could hook up to water at
their pleasure and there would be a hook-up fee charged.
Ms. Aanenson noted Staff is recommending approval.
Councilma n McDonald asked regarding the narrow road and it was stated there would be no
parking; is that overnight parking the same as it is throughout the City or is that 24 hours/day?
Mr. Howley clarified it would be a permanent no parking on one side of the str eet but people
could park on the other side of the street.
Councilwoman Rehm asked if there will be a sidewalk on that street.
Mr. Howley replied the engineering recommendation is to put a sidewalk there because of the
reduced street width. He thinks there is flexibility there and he would like to hear feedback.
The Councilmembers discussed a sidewalk on the smaller yellow loop road (7-8 houses) on
screen.
Mayor Ryan asked regarding stormwater management, will the City be able to get access to
those backyards?
Mr. Howley replied Staff is comfortable with the access and showed it on screen.
Mayor Ryan has a real concern regarding construction traffic on West 96th Street and noted it is
narrow and not in the best shape. Building out road, curb and gutter, grading, and the many
trucks and workers going down the street, she thinks they must be very thoughtful as it will be a
problem.
Mr. Howley replied this development will attach to two public roadways and the job
superintendents and those in charge will let the construction route be known; however , many will
go whatever is the quickest way to get there. He does not know that they can say definitively that
not many will use Eagle Ridge and noted West 96th Street is probably the shortest way. Mr.
Howley hopes they do use West 96th Street and the reason is that Eagle Ridge Road is a brand
new road and they do not really want to add more stress to that road. Most construction traffic
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will be coming in and coming out as a one-way through; one could argue that 50% of the traffic
will be on both roads. He clarified they are talking about 21 homes and while West 96th Street is
currently narrow, there are not many people that use that street. Mr. Howley stated it is
unreasonable and unfeasible to tell them to build a construction road from Powers Boulevard as
it is half a mile away. The City is somewhat stuck and must do their best through permitting,
inspections, and communication to mitigate the issues that come with construction traffic.
Tim Erhart, Applicant , noted the idea is to try to preserve the feeling of trees and forest on the
property and that is why they did not propose to put a sidewalk on the road.
Mayor Ryan asked what they can expect when it comes back for Final Plat approval.
Ms. Aanenson said there is anot her piece on the south that will be added so the Applicant will
come back for Preliminary Plat approval. These will be custom-graded lots rather than mass
graded which allows for the homeowner to pick the trees they want to save and build their house
desig n around them. She clarified if the City Council wants to leave out the sidewalk they would
have to strike that condition.
Councilwoman Rehm asked the timeline for the project.
Dan Blake, Black Cherry Development, said it is unlikely they will get the entire neighborhood
built this year, but they would like to get the grading done. He cannot imagine they will get the
streets done until next spring. Regarding construction traffic, they do not anticipate things
happening at the pace of a Lennar neighborho od where all of the homes are built within a close
timeframe. He said it could be 2-3 years from the time the first house is built until the last house
is done and noted the market controls a lot of those things.
Councilwoman Schubert moved, Councilman McDonald seconded that the City Council
approve O rdinance 676 rezoning the development from Agricultural Estate District (A-2)
to Single-Family Residential District (RSF); Preliminary Plat with variances for street
width, front yard setback (Lot 1, Block1), wetlands setback (Lot 1, Block 1), and street
frontages (Lots 3 through 9, Block 1) subject to the conditions of the Staff report
eliminating the sidewalk requirement; and adopts the Planning Commission Findings of
Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
2. Ordinance 675: Approve a Request to Rezone Property from Agricultural Estate (A2)
to Single-Family Residential (RSF); and Resolution 2021-44: Subdivision Approval of
Two Lots and One Outlot with Variances for a Private Street and Private Street Width
at 9197 Eagle Ridge Road
Ms. Aanenson noted this went before the Planning Commission on July 20, 2021 and the
Applicant is Schutrop Building and Development Corporation. The subject property is off Eagle