Agenda Packets - 2020/02/24 - Laserfiche WebLink

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Mounds View City Council February 10, 2020 Regular Meeting Page 5 Mayor Mueller explained eminent domain were the words used in State Statute that describe a 1 process a City may utilize in order to exercise their right to have access to the public easement 2 for the purpose of constructing a road. She reported the City was not taking a home away. She 3 noted the proposed roadway has been platted on its plat maps for the past 20 years. She stated 4 the City had a signed document on file with the property owner stating he understands his 5 driveway would have to be removed if the City needs to put a street through. She explained the 6 City Council would have no personal or private gain over this project. She understood that 7 change was hard but commented there was a need for more single-family homes in Mounds 8 View, which could only happen through in-field developments. She stated the Council was not 9 disregarding the view of 19 people in this neighborhood but was respecting the rights of the 10 seven property owners that have come together to create the proposed development. She 11 reiterated the fact that this project was not initiated by the City. 12 13 City Administrator Zikmund explained the developer would be responsible to hire a private 14 engineer to complete an assessment on the property. He stated going forward as part of the 15 feasibility, Mr. Harstad will be responsible for completing a permit with the Rice Creek 16 Watershed District. He reported the City does not have anything to do with this process, but 17 rather Mr. Harstad will have to comply with all of the requirements of the watershed district. He 18 indicated the City would have a stormwater pond management maintenance agreement with Rice 19 Creek. He commented it can be as frustrating for the City to deal with stormwater management 20 issues as it is for residents given the fact determinations on this were made by the developer and 21 the watershed district. 22 23 Council Member Bergeron stated in Article 2.06 under Additional Requirements it states the 24 developer shall satisfy, complete and abide by all requirements set forth in any City approvals, 25 including adequately addressing all items that may be directed by the City Attorney, City 26 Engineer, or other review. He indicated this was a safeguard and until he saw specifics he could 27 not support this document. He reported in Article 3.10 under the Indemnification language, he 28 did not want the City to be held hostage by poor the workmanship of the developer. He stated 29 this has happened in the past. He commented he wanted to see more definitive measures taken 30 regarding the water situation otherwise he would not be able to support the Development 31 Agreement. 32 33 MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 9237, 34 Approving Development Agreement for Long Lake Woods Second Addition. 35 36 Council Member Gunn indicated this was a preliminary document and was not a final plat 37 agreement. City Administrator Zikmund reported the Development Agreement was a standard 38 agreement that would allow the developer to proceed with a feasibility study. He commented the 39 Council could delay action on this item by two weeks to allow for additional comment from the 40 City Attorney. However, he noted the provisions within this agreement were standard. 41 42 Council Member Meehlhause stated he understood that for some of the property owners in this 43 neighborhood this project was tough. He commented on how property owners have the right to 44 sell and develop their property. He explained the Comprehensive Plan has shown for years that 45