Agenda - Council - 06/14/2005 - Laserfiche WebLink

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The City Attorney has determined that Potassium Street is a public street by virtue of it having been used and kept in repair for at least six years and thus .pursuant to Minn. Stat. 160.05 is deemed dedicated to the public. However, Minn. Stat. 160.05 does not provide for the width of a dedicated street, but rather its width is dictated by the area actually maintained by the City and used by the public. In this case, the right of way is approximately 40 feet wide. Steven Graffunder of Henningson & Snoxell attorneys at law, has been retained by three of the neighbors (Johnson's, Oien's, and Hamptons) who live adjacent to Potassium Street to address the width and location Of the street. Mr. Graffunder represents that his clients are in agreement with locating the actual 32, wide paved street in the most westerly 32 feet of his client's parcels together with a 14 foot drainage and utility easement adjacent to the street. In addition, the City would agree that no sidewalk would be constructed on the easterly side of Potassium Street until the adjacent properties are subdivided for development. City Code requires 20% public open space or 50% private open space for developments that are processed through a PUD. The development is proposing 59% private open space, it should be noted that only 50% credit was given to the wetlands (which is consistent with credit given when calculating public open space area). A tral'fic generation analysis study for the proposed residential deVelopment was completed by Bolton and Menk. The study shows that the level of service on the existing streets and intersections-will not be negatively impacted due to the proposed development. Bolton and Menk made the following recommendations: 1. Place a stop sign at the northbound approach of Radium Street and 157th Lane 2. Place a stop sign at the southbound approach of Potassium Street and Old CSAH 5 3. Upgrade Potassium Street to provide a paved surface and adequate width 4. Upgrade width and roadway surface of Old CSAH 5 The landscape plan is acceptable in accordance with the comments outlined in the StaffReview Letter, The grading and drainage plan will need to be revised in accordance with comments outlined in the Staff Review Letter. The property contains several wetlands that will should be recognized and protected. Staff is recommending that the developer establish a "No Mow" or wetland buffer line. This will help establish the area that should be manicured and what area should remain in its natural state. Staff is also requesting that the developer plant appropriate seeding specifications within a portion of the no mow zone to further establish and protect the wetland areas. The applicant submitted a revised preliminary plat that indicates compliance with staff's recommendations. The Planning Commission held a public hearing and reviewed the preliminary plat and site plan at their April 7, 2005 meeting. Several residents stated their opposition to the proposed development during the public hearing. Thc proposed plat was reviewed by the Park and Recreation Commission at their April 14, 2005 meeting. The Commission recommended extending-a bituminous trail to the northeast corner of the subject property in order to facilitate a. future pedestrian connection to State Highway #47. Park and trail fees are recommended to. be satisfied through a cash payment.