CITY COUNCIL MEETING AUGUST 1, :00pm

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1 CITY COUNCIL MEETING AUGUST 1, :00pm These minutes are intended to provide a record of the topics discussed and decisions made by the Minnetrista City Council. In addition, they are intended to provide the reader with anecdotes from the discussion and a summary of the decision making process. Webcasts of each meeting are available on the Lake Minnetonka Cable commission website for one year. A PC compatible DVD of the meeting can also be obtained from City Hall in accordance with the current fee schedule. 1) Call to Order a) Pledge of Allegiance b) Introductions: City Council present: Mayor Cheryl Fischer, George Zenanko, Mark Vanderlinde, Anne Hunt, and Arlene Donahue. Staff present: City Administrator Mike Funk, Assistant City Administrator Michael Barone, Senior City Planner Breanne Rothstein, Assistant City Planner David Abel, Finance Officer Brian Grimm, Interim Police Chief Paul Falls, City Attorney Ron Batty, Kennedy & Graven and City Engineer Mark Erichson, WSB. Absent: None c) Approval of Agenda Motion by Vanderlinde and second by Hunt to approve the agenda as amended. Motion carried 5-0. Add item 4d: Res. No. Approving Changing Job Title of Finance Officer to Finance Director 2) PERSONS TO BE HEARD - None 3) SPECIAL PRESENTATIONS - None 4) CONSENT AGENDA a) Res. No Approving a VARIANCE: Application from Pulte Group for a structural setback to the front yard (side street) setback for an existing pool from 20 feet to 18.2 at 4750 Palmer Pointe Road, R-3 Zoning, PID # b) Ord. No. 402 Fee Schedule Amendment for Water Trunk area charge fee and water connection fee c) Approval of July 18, 2011 minutes d) Res. No Approving Changing Job Title of Finance Officer to Finance Director Motion by Hunt and second by Vanderlinde to approve the consent agenda as amended. Motion carried ) PUBLIC HEARINGS - None 6) BUSINESS ITEMS a) Woodland Cove Development Project

2 i) COMPREHENSIVE PLAN AMENDMENT FOR WOODLAND COVE DEVELOPMENT AREA ii) (1) Res. No Approving Comprehensive Plan Amendment Application and submitting the following changes to the Minnetrista Comprehensive Plan to the Metropolitan Council: (a) Text Amendment to add a Land Use Category Mixed Residential to the Comprehensive Plan (b) Text Amendment to aggregate the three separate land use areas in the 2006 amendment map of the Comprehensive Plan; (c) Map Amendment to re-guide Woodland Cove parcels from low density, medium density, and high density residential to Mixed Residential land use category; Multiple PIDs ZONING AMENDMENT FOR WOODLAND COVE DEVELOPMENT AREA: (1) Ordinance 399 to rezone the properties located generally at the northwest corner of Kings Point Road and State Highway 7 from R-1, R-4, and R-5 to PUD (Planned Unit Development) Multiple PIDs iii) PRELIMINARY PLAT FOR WOODLAND COVE DEVELOPMENT AREA: (1) Res. No. Granting Preliminary Approval of the Plat Application from Woodland Cove, LLC to develop 1,071 units on the property located generally at the northwest corner of Kings Point Road and State Highway 7; Multiple PIDs iv) MULTIPLE DOCK LICENSE FOR WOODLAND COVE DEVELOPMENT AREA: (1) Res. No. Approving a new 2012 Annual dock license on the property located generally on the southwest side of Halstead Bay off of Kings Point Road; Multiple PIDs v) GENERAL WETLAND REVIEW FOR WOODLAND COVE (1) Res. No. Authorizing the Approval of the Wetland Conservation Act Permit Application and Notice of Decision for Woodland Cove Funk gave a brief overview of the history of the Woodland Cove application and the process used. Matt Van Slooten presented a brief overview of the highlights of the city goals and a few changes to the development since the preliminary plat and discussed the dock plan revision summary. Peter Pflaum gave a presentation of the Woodland Cove development. Rothstein stated the information on the Woodland Cove development has been available to the public on the city website for a number of months. Rothstein also presented the staff report as found in the August 1, 2011 City Council packets including a review of: The background on the site. The changes that have been made since 2006 with this development. The public process to date for Woodland Cove. The inter-agency cooperation with Three Rivers Park District, Minnehaha Creek Watershed District, Army Corps of Engineers, DNR, Carver County, and the Metropolitan Council. O:\City Council\Council 2011\Minutes\Draft\ CC Minutes.doc Page 2 of 5

3 The individual applications submitted for review. Mixed Residential Minnetrista City vision statements pertaining to this development. Woodland Cove Development Costs Neighborhood Issues including: o Docks 117 slips proposed o Lotus Drive o Traffic o Public Improvement Project upgrading Kings Point Road The next steps which include: o Master Development Agreement o Final Plat Application for 1 st Phase Mayor Fischer stated a petition opposing the development was received and given to staff and allowed members of the public to address the council. Greg Snyder (4295 Trillium Lane) stated concern with safety on Co. Rd. 44 and the increased traffic; Lotus Drive; traffic onto Hwy 7; the water quality on Halstead Bay; where the phosphorous goes; preserving the 72 acre forest; and the increase of the number of residents into the development area. Dean Johnson stated concern with the amount of traffic that will be on Lotus Drive and he stated he met with the developer and staff to discuss other alternatives, and that he was planning to meet with Three Rivers to discuss alterative alignments for Lotus Drive. JC Savage (4150 Kings Point Road) recommended the developer pay for the upgrade to Kings Point Road because the benefit is for the developer. He stated concern with years of construction to deal with; the road construction would restrict walking the dogs and riding horses; tree loss on residential properties; and the aging septic systems on the west side of the road and even with the upgrade of the road there is still the inability to hook up to sewer. Gary Gregg (4100 Kings Point Road) stated concern with setbacks; he noted past upgrades on Kings Point Road have been paid for by the residents; he questioned if Kings Point Road could be a private road and not a city owned road; cost to the residents for the upgrade of Kings Point Road; concern with the traffic flow and plan; and concern about the commercial property on Kings Point Road. Daryl Gilpin (4185 Trillium Lane East) stated concern with the extra slips in Trillium Bay and stated there is only one entry and one exit in that bay. She stated concern with the ecosystem and additional petrol going into Trillium Bay. Sally Hofmeister (4320 Trillium Way West) stated the topography of the land is not conducive to the proposed development and asked the Council to oppose the project. Staff provided the following clarifications. Funk stated density was agreed on with Metropolitan Council in He explained that the upgrade of Kings Point Road is a public improvement project and the city will need to follow the Chapter 429 process and decide assessments at that time. Funk stated this development will have storm water ponds and holding ponds to address phosphorus and other storm water concerns. O:\City Council\Council 2011\Minutes\Draft\ CC Minutes.doc Page 3 of 5

4 Erichson stated the infiltration will capture and remove the phosphorous in those locations according to evaluations done as part of the MS4 program. Rothstein stated there were various considerations for the docks and the current plan is comparable to other bays in Minnetrista. She explained that the Comprehensive Plan guides commercial land along Hwy 7 and that area would be dedicated as part of the development and is under consideration this evening. Rothstein explained that setbacks are dependent upon the zoning district and that the developer is proposing an average of the 25 foot setback requirement. Rothstein also explained the history of Lotus Drive and stated staff feels using the existing alignment is the most feasible. Chuck Rickart (WSB) stated going with another alignment through the Maple Basswood Forest would be an issue. He stated they worked with MN/DOT through this process and MN/DOT will only allow one access out to Hwy 7 and Co. Rd. 11 would need to line up with Kings Point Road. The access on Lotus Drive is being minimized as much as possible. The roundabout intersection was designed to handle the traffic coming out of the development. Attorney Batty stated that if the city maintains a roadway over a 6 year period it becomes an easement to the city through statutory user law. He specified Kings Point Road is a city owned road. A council member requested more information on, the feasibility study, water plan, MN/DOT comments, Three River Park District comments, and watershed district comments. Motion by Zenanko and second by Vanderlinde to approve Res. No. Approving Comprehensive Plan Amendment Application and submitting changes to the Minnetrista Comprehensive Plan to the Metropolitan Council. As a four fifths vote is required for passage, the 3-2 motion (Hunt and Donahue nay) failed. Donahue stated that she did not feel this was the right time for the development and that she did not like the traffic problems. Hunt stated she needed further information as to why the parcels needed to be combined into one. Rothstein explained that the reason for the Comprehensive Plan amendment was to allow different types of housing throughout the site. In order to do a Master Plan Community, there needs to be a mixed residential land category and that this amendment has no impact on the density. Motion by Zenanko and second by Vanderlinde to move the original motion to approve Res. No Approving Comprehensive Plan Amendment Application and submitting changes to the Minnetrista Comprehensive Plan to the Metropolitan Council. Motion carried 4-0. (Donahue nay) Motion by Zenanko and second by Vanderlinde to approve the Zoning amendment for Woodland Cove development area: (1) Ordinance 399 to rezone the properties located generally at the northwest corner of Kings Point Road and State Highway 7 from R-1, R- 4, and R-5 to PUD (Planned Unit Development); Multiple PUDs. Motion carried 5-0. Motion by Zenanko and second by Vanderlinde to table Res. No. Granting Preliminary approval of the plat application from Woodland Cove, LLC to develop 7,071 units on the property located generally at the northwest corner of Kings Point Road and State Highway 7; Multiple PIDs until the September 6, 2011 City Council meeting to allow time for additional consideration. Motion carried 5-0. O:\City Council\Council 2011\Minutes\Draft\ CC Minutes.doc Page 4 of 5

5 Motion by Zenanko and second by Vanderlinde to table Res. No. Approving a new 2012 Annual dock license on the property located generally on the southwest side of Halstead Bay off of Kings Point Road; Multiple PIDs and to table Res. No. Authorizing the Approval of the Wetland Conservation Act Permit Application and Notice of Decision for Woodland Cove until the September 6, 2011 city council meeting. Motion carried 5-0. b) Res. No approving Sale of City Property to Robert and Janice Halvorson Batty presented the report as found in the City Council packet dated August 1, Motion by Vanderlinde and second by Hunt to adopt Res. No authorizing sale of the property by quit claim deed to the Halversons under the terms and conditions outlined therein for $5,000 and up to $1,000 in city costs. Motion carried ) ADMINISTRATIVE ITEMS a) Res. No Approving the Claims dated August 1, 2011 Motion by Zenanko and second by Vanderlinde to approve Res. No approving the claims dated August 1, 2011 as presented with the claims from Connely Industrial Electronics and Xcel Energy associated with Well 3 and Police building to be brought back. Motion carried 5-0. b) Council Reports i. Mayor Fischer - reminded the Council about National Night Out events on August 2, 2011 and the Special Budget Work Session August 8, ii. George Zenanko - None iii. Mark Vanderlinde - None iv. Anne Hunt - None v. Arlene Donahue - None c) Staff Reports d) Set Next Meeting Agenda August 15, ) Adjournment Motion by Zenanko and second by Vanderlinde to adjourn. Motion carried 5-0. The meeting adjourned at 9:25 p.m. Respectfully submitted, Terri Haarstad City Clerk O:\City Council\Council 2011\Minutes\Draft\ CC Minutes.doc Page 5 of 5

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