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I I I Council Meeting Minutes June 23, 1998 Page 7 Council Business. continued Swoverland noted that revised setbacks affect adjacent existing homes by placing them within 15 ft. of the easement area. Teague said the proposal involves preliminary estimates and in reality the developer would need to comply with the 30 ft. setback requirement. In final, Swoverland requested Council to make their most responsible and correct determination. Kay Banister Schaffer, 1650--23rd Ave. NW, believes the development's problematic effect to the wetland, natural habitat, and traffic dictate the need for an environmental assessment analysis. She noted the Blanding Turtle, a threatened animal, was previously sighted. This fragile ecosystem needs to be protected and its preservation serves to moderate stormwater runoff, abatement of surface and ground water pollution, erosion control, and air quality management. She proposes the City work with the DNR, Trust for Public Lands, Mounds View School District, and others to develop this area into a natural habitat to benefit the entire community. The School District expressed a preliminary interest in an outdoor educational area with pavilion and nature trail, and many agencies offer grants to develop nature preserves. Hoffman asked if the DNR would reimburse the current owner for the property's value. Schaffer believes the City would need to acquire the property and then be reimbursed through grants. Benke noted the deadline for grants administered by the 1998 Legislative Session has passed. Benke explained that the City is required to response to any site plan within 60 days of the application date. City Attorney Charlie LeFevere verified the City is allowed an additional 60 days after that initial 60-day period upon notice to the applicant. Teague confirmed that application date of May 29. Benke asked Beach how a continuation would impact the construction schedule. Beach feels continuing the proposal to July 14 would not greatly impact the construction schedule. Proper confirmed that the development's storm sewer would be built to a lO-year level of service, but the overall drainage system is built at a 100-year level of protection. Larson requested additional staff research into the realignment of Lots 6, 7 and 8 as a way to avoid the need for a variance. Benke feels the variance may help protect larger trees, and suggested retaining those of at least six inches of diameter. Benke requested the applicant conduct informal interviews with residents to assist in development of a preliminary environmental assessment, determine the location of the Blanding Turtle, and identify drainage issues. Teague confirmed that the County's preference is to avoid directing the development's traffic immediately onto Silver Lk. Rd. Benke feels the 23rd Ave. access is workable and believes traffic would flow in small increments onto 17th, 15th, and 14th Streets. Hoffman asked if any lots have been purchased. Beach said the project is currently on hold until final Council approval and no lots have been sold. Tom Benahrio, 2391--17th St. NW, noted concern of the steep grades behind his home and asked if there are provisions against future damage resulting from development. Benke noted one condition is the approval of a grading and drainage plan for each lot. LeFevere feels that a covenant would provide and ensure conditions continue for an indefinite time. Council Business Preliminary Plat and Variance for Stony Lake Development Report 98-133