City Council - 11/15/1988 7777N PRAT 7-,IF 7- T TY 'N'L
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Attorney —5oger ?,-ozly, :, `L '(:!+1c.: --, E
Pa rk s , r%e_—r t- 7, 'N:�t r I s i r c e 3
Robert 'rla.mbe,ra-J, ind
-._-ec-retary Det,
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All !;amber:. PreZ-r-_-nt
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Lambert reported that a month ago the, Council had met with the
Board nf th,,-- Timber Lakes Homeowners Association to r.-vie-•w the
City' s 2-xisting scenic easements and those held by & I "� 1 nilb e r
n 1, Nomeown( r s. A 3;7, o c a.t I o n At the -onclusion of t!-,e r.)f the Homeowners ASsociation had te d
to take the informa-tJon presentr?d back to its members fo.r
discusclon L-ind to return to the Coiincll with the resultz of
that inc-fatinci . L,.imbert ;ummarized the memorandum for thf,
Associ,-iti. on Board members, which state(l. that the City had the
authority to enforce its own Scenic easements . The major
(viestion had been was what was the potential for controlling
the undeveloped areas around Mitchell Lake to the west- anti
north when d-4,--vp2opment occurs . Lamhcrt noted that if .--i
dpve1op,.-r wa=, in compliance with all the ordln.anres -iiid cod- ,
the City did not have the leverage to reqviest a .act. -lic
ctasement unless the City would try to purchase or -,r.(p:0- j,-jte
nwnership ,Df the shorelinc .
Tim, Crain, 7q17 -loath 3ay Curve, --he -_; ty try I-r.
saying that it controlled very littl,_- (.,f `he cin
MitchelI bare
c-ct-ild not get c-;_�ntrol . Lambert: roplii,d this.
wA s correct Pent- ley added that "ie City could nagfltizite with
of the north .and -4,.,st 3hore-- t,.-) :;--nic
7, "t.,In e I% -Pl,
r-ock a5ked If ti- t- Z,rocerlur,e
w,is
:.cal- lon of the T!--Pn ; c* '-he I-1 k
- .--rt rep" i -o.1 that the City ? " ,4:nys
d F_d t 1 t
o"For -:r'(:!n i c e:_:�s e m n t�:: ; n Wr.v fir , wil'_' not
po �z.c� 11-1 1 e (31d not occur -)n .7,11 mikes .
Crain -report-ed that h.- had :net: wlt ,-,
jrnpra . member-31) 13 ;, .--ind
1. t t o.v--rn br--r 1 'E 3 a
had receive,-'! a goo,_1 turnout. -:-, tated that the main
I'Sslies dc')Cks' the land telow the hirjh water mark was
not contr- c-,1led by the Homeowners A:Fz':.1rociat ion IF Sc-nic
eazement . C-rain th-_111- to his knowledge no live vegetation
had been removerl from the lakeshc:--ef the only removal had been
of the 1-:-ad trees . H(- was aware c.) I .,! olat lons of the scenic
easement:3 : IL ) an a::q)halt road , I- ) -1plit rail ft_jlre , _ )
stairs going to a dock , and 4 ) 2 -- anr'A beaches The .onsensus
of the member.-;i: lp wa:3 t!-iat t'he covenant-- did not
rpflect the and need-, cf the association today . The
membership would like to havo cnntrol of the scenic -- elnent
'Within rc-ason . The residents woulcl like to be -able to 1--)ut
tenches, gazebos, and sand within re.nson . The members would
like to rewrite the convenants,; .
Brian Hult 7970 T - land Road, -- tat-ed that the association had
com laints from the iievolt-.,pir n
P t
rt:�gardlng tht- --cenir ea-',ement-
na b e 1 1 e v e d t1-lat }'hp --isj.',Aa2t rriad li.2e11 and
approved by the C."Ey. Hult vidded that it h-7i(I !-,een 1 :. _-,pected
after the roar' 11 L � -& ,I�i C, been e n 1 r.i s t a" ' e d; h o w e vt!r , the -w n e r di id
understand that he would be responzible if any wrlrk by the
k-ity had to be (!one
retetzon asked L;imhert If this property would fall unjor the
Juri.:�dlction of the City ' s Shoreland Ordinance , which would
reritr .lct the const-r -,ic-t- ion of ,-,a-..ebof7,, ,Incks, t-tc . Lambe-_ t
replied that ;it would restrict the location anrl size of the
gazcbcs and docks .
Ppntley Concurred with the c<-)mprcilftise JuS'_jf!-oted it, 1% %.jE- staff
Report to allow removal of 50"115 of the natural vegetation in a
"corridor" from each home to the lake . Bentley believed that
further definition of a corridor was needed as well as what
would be considered to be "natural vecjetation" . Pet erzon
believed that the compromise woiald he a sound onp Af it
reflected the values of the land owners . Peterson added that
the compromise had merit and should be worked on in more
detail .
rnaak .t.at r-d that the weather had a lot of affect- on the
L-,r c)pN r t 1 e::-, She added that on her property alonf- 1( 0 0 t r s
h.-.Ad f.-)t:e r. lost .
I_1vntl,-:,y believed the issue was how to accommodati% the
mainten.-ince of the natural view of the !:;horeline , iccommo'date
the jt�ner -il expectation of 134,2-velopw'.�rit of Mitchell Lake, and
-4 11 'iw r, J C� 10 w 11 tea t la k#-. t
t1lic re:-� idents to be able t
(7rFtin that the members of the as!3oriation would like to
n,-,ivp �apabllity to have dock _� . Knaak .-W-",ed that not every
I hf-)niP_ t)wnt_,r would have a dock . craln Na id that the Infr-MY)ers did
(7-; t -7 ,,1 nc I inn it es r)vi-m b e z ]1,S
n o t hzi v e a n y cc,m ni e n t s on the vecje tat 1f__) .-ind .-idded that
be belleve-1 the clearing of the Id wni_11C, more than
id.-- -t-c lu,ite .
Anderson statel that the City made a nvestment
into Mitchell Lake the whole- chain-c-,f - Iakez he
believed that a reforestation pro4eC:t �hnuld be imp'. -merited,
not to just take out the de.--.id trees , but 1-n 1- 1-10m to
maintain the natural character of tll.,e lzike . 'Knaak .-i_7ked if
the City was, W I 111 1 o "',e 1 P f i r.I=nc t-.� t 11 e r e S t r)r n.t 1. Bentley
said that i f t City were: t (,; pa r t 1 c I -a t,I- funds wool' not be
avallabt- until ' ?,,nbecause it had not for 1989 .
Bentley added that while he might a,]r(_-f_. that res�tozation would
he n1co.. the City clid not have a means for reqniring this work
currently. Anderson that the scenic easements were
working wel " in t-lie Pre:7;ervo area ; however, the scenic
ecisr_-faerit^ (? id nnt aPP4-.;;tr to be working well o r 1 *Mitchell Lake .
'R111 -,cholz, 7924 T!E�Iinc! that another solt.ition
'u 1 t, t c, r. --a 1 :;e t h e I f ve I of the lake by a foot or two,
which a lot of the -re:z-7icients voilld li ;;e to see happen . Scholz
th.,,-at ;,--irt of the pr•_+blem w.-:iv; the absence of a
Homeowners Board for .--i perlu.] of time and a lack of proper
pollcln(j of lh(-- cat;ememjjts- . Sclholz stated that thr�
(III eo*tion w..f wheredoesthe Homeowners Association go from
1,-e re Pi ]cock replied that the Association had to accept
condition: as thy---y are and go on .
Bentley _-;t-ated that three options had been outlined by Staff
Bentley
be would add that another option could be added -_ .- ing
�A F- jrd
the reforestation project . Bentley believed that the
compromise would be the best alternative with tare Issue of
docks still remaining to be addressed . There was f urtlher
discussion on the possibility of a reforestation program, if
it wa.- legal for the C-Ity to do so on private p.-operty.
Lambert stated that special legislation at one time had been
given to replace diseased trees only.
Hult believed that the City had raised the level of the lake
and asked If the City could have possibly contributed to the
(It-c-ith of tht! trees : if so, the (7-Ity could bt--- respon-,Aib"Ae to
restore them . Peterson stated that allegationwoula havp to be
L—Inved first . Hult stated that many of the residents won7d
like to replace the trees and believed a i7ompromioe -where the
r' * "Y .-ind the homeowners worked tr:g-f.her wi-)lild be, the 1_),eSt
-;(_)] Llt ! On . Anderson (-r)mm#-,n1e1 th.-It A rF- FOro.t-at- i ,-_)n
r C,(:1-, .'3 111 W()U 1,(1 lhe ")f mu L Lia I bt-ne f I t . P.-I U I.Y `4 t a t e,-] f71 1-1, t- ha wr)"." l l(")cJ: into the po.i::; ib1l1ty ()7E this -4pprjach . ^ra I ri
t.a t h <t 1. t .--1 pp(.!.a r e d t ha t t]-I e 7 1 t y wa F, more ! n t t:.r e:j t e(i I ll
w1h.1ch In ad riccurred and not Inte!rested In tht-
V 1 0 1 t I S Peter:�,on conclUdtd that t-he lssuer-, wt!rp related
-ind added that tht" 4-Ity would obtain .--A le(j,:Il
h r e f o r t._;t a t I n n
"A 4 t11 o v e n tj c- r IL 5 P
AnderFon that the rea3on that hog "),:;(4 *F o r w:-*r rj
I lie r (-�j,i r n(j -e f orestat i on wa�,- h 15 cnrlc'�_'!,-;I z the
preseni ' 7. c- of !: rees ..-ind now W11 '17h the it
-
wn,ilI d illuw for I.--. n additional 50" ,:c
Peterson belit--ved that the compromise wc-,ulrl allow fnr thi=
ri,,moval of (lead tree-, Bentley :_.tated that: tthiz
did not .-pecify dead trees only .-3ncll c4c3rjp -'; tl"1'- t_
t
ril--eded to be i--larif led . Pauly tlli,it a
could be determined and aerial photas taken to clrtor::ilri tlhe-
tion
of t: 1L:;t1ng veget,a
dett-�rm 'Aned at that time . Bentlev undo-rst(,nd Paily t.-, be
le,Testing an Inventory then . Y -':e p 11 le-1 y t
n e c e a r y . Hult suggested that anythlln(4 larger .71 rertzlin
; ! "e tree rc;u I I
Id not be removr-(I . '7'1,n,1e oc.)n W,.,ston
Bay -hou"JI-c-1 alr- o be conzldered to have tile :6,7.lime
Ben'-ley moved, zecorided by Peter_ on to direct Staff to draft a
Compromise from the Nxisting scenic easement rel.-Aive to
Mitchell Lake based on the guldc-lines outlined In the Staff
memo and the di=u!:;sinns presented tonight . Motion c-arried
unanimously .
It wag notc-1: that the inotion would callow the DireC4or of
Parks., and Natural Resources to clarify the-
wol-ding related to the 50". temuv<il of the vegetation In than
corridor .and Staff was to return to the Council wit-b the fin.,zi
'-Iraftl of th'...
i,4nT T nN
.............
Bentley moved, :seconded by Anderson to direct Staff to
inve::;tigate the po:sslbility of the level of City part Icip.--itictj
In the removal of tlDe (lead trees and a possible reforestation
program and to return to the Council with the information .
Motion carried tin-animously.
M-071ON:
Bentley mc)vpd, -,o-c-oiided by Pld(,,ock to 11rect Staff to ref-
pje._ t
the DNR to review the property in question In relatlf.)n to
vegl-tation and wilr2life, and to rt-commend proper management
r)ra(-t 1 cc-S . Motion carried unanimously.
I n T_7 r!N
Fend levy mr;ved , _-f_,conded by Andt�r . rri 4,*r) 1 tr. ect rt-Iff try W-7)-l-k.
with tht! 7.* mh#,-r Lakes Homecwrle__ r:` tD
join tht,- City In tile Implement.11-- 1 -,;-i of new restrict Lor.;5 .
c-,.-irrlud unanimously .
e,nbez 15, �3L3
I I Z . AD.Jnr_tRMM?�:T
Meetin e js;ur,iecl at 7 : 20 PM .
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