11-18-93 Council Minutes - Laserfiche WebLink

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residents who do not want public access. Property values will go down and it is not right for residents to suffer. He asked if the homeowners association covenant can be changed. There are 17 or 18 residents on his side of the lake. The association will far outnumber them if they decide to petition the City Council to change the rules. Mrs. Cora Remerowski asked who would be liable if there are fishing piers and there is an accident. Kids come down to the lake with no supervision. Either City or both could be sued. Mr. Herbst stated that a laz~ge association can be created. In order to change the covenant, they would have to amend it with 90°~0 of the homeowners voting in favor of the amendment, as well as the mortgage companies to the properties and convince both City Councils to amend the development contract independently. It would be very difficult to change the covenant because of the number of people who would have to sign off on the amendment. Broecker stated that she sees the problem as an issue of rezoning from R-1 to R-2 for the clustered homes. People have different expectations with different zoning districts. Mr. Len Pratt stated that buyers who buy single family lots are no different than the homeowners already on the lake with the same expectations. Once single family lot is bought, the owner begins to clear, plant a lawn and fet~tilize; the fet~tilizer will get into the lake. A townhome or a clustered home is a different decision and usually an older buyer. With a homeowners association, there can be restrictions on the removal of brush and trees, the type of grass that is permitted along the bank. Homeowners on the other side of the lake will keep their view of trees and vegetation left alone along the shoreline. The association is a mini form of government. Banovetz stated that she is in favor of Vadnais Heights taking a land dedication for a public park. It would not be necessary to have access to the lake, but she would prefer that there be an option for restricted access. The park land is a separate issue from deciding access to the lake which depends on how the suiface water can be used. She requested that the Vadnais Heights Park Commission consider a park in terms of not having any lake access, or resuicted lake access with recommendations on how that could work and be monitored. Mr. Urban reported that the proposal has been tabled at the Vadnais Heights Planning Commission. He introduced Mr. Mike Black who is leaving Vadnais Heights as City Planner but agreed to attend this meeting because he was involved when this proposal came before the Planning Commission. Mr. Black stated that the Vadnais Heights propei~ty in question has been targeted for single family development of four units per acre on the land use plan. It is zoned R-1, single family development. The site is 37.5 acres with 65 single family units planned which is 1.7 units per acre which is well within the R-1 zoning requu•ements. There are no variances or zoning changes necessaiy to permit this single family development. At the public hearing held by 9