By MaryHelen Swanson

The folks in the Northwoods area of North Branch are breathing easier this week. The city council has denied a request for a planned unit development (PUD) of 24 townhomes in their neighborhood.

Last week the residents from Northwoods and south descended upon the city council, yellow "no development" signs in hand and pinned to their shirts, to protest the proposed townhome development on a triangular piece of land northwest of their homes abutting I-35.

They did not speak, because it was not a public hearing, but many of them had voiced opposition to the development at the June 20 planning commission (PC) meeting.

Traffic congestion and too many homes were main issues of contention.

Many of the people had explained to the PC that they moved to their homes because they wanted to live in a large-lot neighborhood.

While the residents were not allowed to speak Monday night, Kathleen O'Connell with MFRA Architects and Donna Kohs, Forest Lake, owner of the property in question, did present an altered version of the development.

It was different than what had been presented to the planning commission in June. They said they were addressing the issues that had resulted in the PC's denial of the PUD.

The council, however, responded only to the PC's recommendation to deny the proposed development that had been presented June 20.

The vote was unanimous.

City Planner Al Cottingham said the developers could come back and start over or return to the PC with a sketch plan of an altered development.

The council then allowed a few minutes for the many residents to leave the chambers.

Green Acres development
The council also discussed the rezoning request and preliminary plat approval request for Lucht's Crossing (the property is currently the Green Acres Country Care Center).

Also addressed at the city's planning commission June 20, the proposed development is for 146 lots, two parks and one outlot.

The PC recommended approval of both requests: 3-2 on the rezoning request and 5-0 on the plat approval with 11 conditions.

But a petition to have an Environmental Assessment (EAW) conducted on the property has been submitted to the state's Environmental Quality Board so no action could be taken on the request for plat approval. A copy of the petition was present at the meeting this week.

If the state determines that the petition is valid, the city has 30 days to decide if it will proceed with an EAW. Approval of a final plat could not be done by the council until the EAW is completed, noted Cottingham.

Understanding that actions would be preliminary, Councilman Larry Erickson moved to approve the rezoning request and Mayor Gloria Karsky seconded the motion.

In discussion, indicating she would not support the rezoning, Councilwoman Amy Oehlers asked that her no vote not be construed as non-support of a new nursing home. She believes they are two different things.

Councilwoman Theresa Furman asked about sewer capacity and how this development fits into the comprehensive plan.

She also was concerned about the single access to the development. Cottingham noted that one access has served the nursing home for years.

Oehlers asked about an undue financial burden to the city with additional police, fire and street maintenance services.

Cottingham said there would be additional taxes and because the home values are expected to be above $300,000 they would be a lot less of a burden than less expensive homes, as in the developments already in place near the proposed Lucht's Crossing.

Mayor Karsky said she could not find a reason to deny the rezoning. And she said it makes sense if it will help in the process of getting a new nursing home.

Oehlers said she promised to help control growth in North Branch and slow it down. She said she has not and will not approve large developments.

She agreed with the mayor about the nursing home, but said the city should not accept the responsibility for the future of a nursing home. The county commissioners, she said, are the ones responsible for what happens.

The motion deadlocked with a 2-2 vote. Councilwoman Kathy Blomquist abstains from voting on the Green Acres issues because she is an employee of Ecumen, the operators of the nursing home and owners of the property (as soon as the purchase is finalized).

The question then became, is a tie vote a no vote?

Assistant city attorney Travis Stottler said yes, others said city attorney Tom Miller says no (he was not present).

Cottingham reminded the council of the state's 60-day rule, saying if the request isn't approved or denied within that 60-day period, it automatically is approved.

But, it was noted, the city can extend the 60 days, and more than one time. Councilwoman Oehlers said there was case law that showed a tie is a denial.

Erickson and Karsky then moved to table the plat approval until July 25. The motion passed 3-2 with Furman and Oehlers opposing.

Oehlers asked that case law on tie votes be researched for that meeting.

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