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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 1996 5 The Meehan Family voiced concerns that common sense dictates there is no need for a fence unless livestock is introduced because there is a beautiful boundary now, environmental impact of raising livestock affecting the waterway which goes toward Eagle Point Lake, and the liability of barb wire causing harm to snowmobilers. Mr. Meehan received a letter from Mr. Armstrong stating that they were to clear cut 5' from either side of the fence. The Council's position is that clear cutting is not required and this was not a direction by the City Council as fence viewers. Mike Black commented that the state law talks about different options for a fence in this situation and his company would like a combination of fencing other than a harsh agricultural fence. The State law does not provide the City Council the latitude to rule against the fence, but only gives them the option of what type of fence will be built. The Council did not take any action on the request for reconsideration of the fence between Torre Pines and the Armstrong Property. F. Concept Plan - Robert White property located on the Southwest corner of Highway 36 and Keats Avenue Planner Terwedo reported Bob White is proposing eleven new single family homes and one existing home on 50 acres where 36 acres are preserved as open space and 14 acres are designated for development. The site includes a mature woodland on its west side, a state protected wetland in the southwest. A conservation easement for the open space will be donated to the Minnesota Land Trust for preservation. Mr. White explained he bought this property primarily to live on and enjoy it as it is now. Under the current design the existing home rests on a nine acre "L" shaped parcel and does not intend on adding homes to those nine acres Mayor John and Council member Conlin wanted the developer to consider the installation of trailways. Mayor John wanted the plan amended to include trails which connected the homes to the woods to the east. The council received a statement from John and Lisa Burban, 9612 57th Street, supporting the Village Green Concept Plan presented by Bob White and strongly urged the Council to vote in favor of this plan. Eileen Engsdorf, 9960 57th St., expressed concern about the new developments proximity to her property and wondered If the City had setback requirements that prohibited the new houses from encroaching on her land. Asked if a visual inspection is done if the development does indeed enhance the rural character. Planner Terwedo encourages the Council and the Planning Commission to visit the site so they can get a better feel of how the land is laid out. M/S/P DeLapp/Hunt - to refer to the Planning Commission to consider setbacks both for the lot itself and boundary within the Open Space Development Plan from adjacent properties. (Motion passed 5-0). M/S/P Hunt/DeLapp - to approve Bob White's concept plan as presented. (Motion passed 3-2:Conlin, John:He would like to see more access from those property owners in the cluster area into the wooded area and around lake). G. Rezoning from Ag to OP: Robert White M/S/P Hunt/Johnston - to adopt Ordinance No. 8144, An ordinance amending Section 301.070C. Zoning District Map of the Lake Elmo Municipal Code approving the rezoning requested by Robert White from AG to OP. (Motion passed 5-0).