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093091 CC Reg Min . . . " CiTY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, SEPTEMBER 30, 1991 COUNCIL CHAMBERS 755 COUNTRY CLUB ROAD PAGE 1 M I NUT E S 1. CALL TO ORDER Mayor Brancel called the meeting to order at 7:02 P.M. B. ROLL CALL Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and Lewis, City Administrator Hurm, City Attorney Tim Kane, and City Planner Nielsen 2. CONSENT AGENDA RESOLUTION NO. 103-91 RESOLUTION NO. 104-91 Stover moved, Daugherty seconded to Approve the Consent Agenda and Adopt the Resolution Therein: Mayor Brancel read the following Consent Agenda: A. Motion Approving Progress Payment No. 2 - Southeast Area Water Treatment Plant Project. B. Motion to Approve Agreement with J. M. Research Associates, Inc. - Public Opinion Survey. C. Motion to Approve Letter of Agreement with R & W Roll-Off Service for Yardwaste. D. Adopt RESOLUTION NO. 103-91 "A Resolution Rescinding Resolution No. 88-91 and to Adopt RESOLUTION NO. 104-91 "A Resolution Approving the Plat of Thompson Manor Addition". Motion carried - 5/0 3. PUBLIC HEARING - GIDEON'S COVE P.U.D. - DISCUSSION OF DOCK RIGHTS MAYOR BRANCEL OPENED THE PUBLIC HEARING AT 7:05 P.M. Planner Nielsen explained that the Gideon's Cove P.U.D. concept plan was approved at the Sept. 9, 1991 City Council Meeting. However, the issue of dock rights on the peninsula was not approved and that is what will be discussed tonight. Councilmember Gagne asked Nielsen to describe the history of this issue. :l . . . CITY COUNCIL MINUTES SEPTEMBER 30, 1991 - PAGE 2 Nielsen stated that the City allows dockage on Lake Minnetonka where the principal dwelling is located. There are exceptions to this rule that have been grandfathered. One exception is Boulder Bridge which has 40 docks for 46 lots and was approved in the late 1970's. He said most other requests for docks on noncontiguous property are not granted. Nielsen said the LMCD allows multiple dockage on the Lake but the City can be more restrictive. Nielsen said the peninsula in Gideon's Cove is currently deeded to the first two lots in the development. Gagne asked what dockage is grandfathered. Nielsen said two docks are grandfathered. Gagne asked how many boats can be moored at each dock. Nielsen said the LMCD specifies 3 boats per dock, if they are owned by the resident. This requirement pertains to watercraft over 16 ft. and motors over 10 horsepower. Nielsen said the Boyer's plan to distribute the six boat slips among 6 residents of the development on a first come first served basis. Bob Boyer and John Boyer agreed with Nielsen's explanation of their plan. BRANCEL OPENED THE PUBLIC PORTION OF THE HEARING AT 7:18 P.M. JIM SCHULTZ - 5465 TIMBER LANE Schultz stated that this discussion should be presented to the Planning Commission. He said there are errors in the drawings of the peninsula. He said there is only one dock at the present time. One previous dock has not been maintained for quite some time. Schultz said the area has considerable boat traffic from Minnetonka Dredging, Shorewood Marina and "Sullivan's Marina" which has seven boats moored at different times. He said Sullivan's is noncontiguous dockage which has not been enforced. He said if the City allows more noncontiguous dockage at Gideon's Cove, they will set a precedent and open the door to more requests. He said 6 boats owned by 6 individuals will generate more boat traffic than two docks owned by two individuals. Schultz also said the City should consider the impact of shore storage facilities and the use of canoes and other small watercraft. He said the City will have to be involved in controlling this. Schultz said he strongly opposes the distribution of the dockage as proposed by Boyer. BOB BOYER said the peninsula is currently deeded to the first two lots in the development and in this sense it is contiguous property. He said they plan to have an association monitor the usage of the peninsula. JOHN BOYER also indicated that the Planning Commission had approved this concept plan. ~:;~ . . . CITY COUNCIL MINUTES SEPTEMBER 30. 1991 - PAGE 3 Councilmember Stover said two members of the Planning Commission suggested the Council have this meeting to discuss the docks. They said that six different owners has a different impact on the development. PETE BOYER - 19865 EXCELSIOR BLVD. said other residents of the area have kept boats on the peninsula. He said Boyer Construction has the right to develop the peninsula. He said some lots in Boulder Bridge are separated by a road and are not considered noncontiguous. Stover said the Boulder Bridge P.U.D was one parcel when it was approved. MARY BAGDINS - 5585 TIMBER LANE asked what use will be made of the peninsula. Will other watercraft be stored on the shoreline. Nielsen said the City can control the use of the peninsula in any way they want through the P.U.D. Gagne asked Boyer how the peninsula will be used. Bob Boyer said they plan to leave the peninsula as is so all the residents of the development can use it. The association will control the use. Gagne said he would like to see this use of the peninsula written into the P.U.D. agreement. JOHN BOYER asked what rights Boyer has currently. Gagne said the Council approved the use of the peninsula but no dockage. The LMCD will allow small watercraft to be pulled up onto the peninsula. Brancel said the City can restrict this. JIM SCHULTZ said "Sullivan's Marina" has barbecue grills, showers, benches and electricity and the City has done nothing to control this. He said if twelve houses have access to the peninsula how will this same type of usage be controlled. Nielsen said the "Sullivan Marina" has three grandfathered docks which were owned, at one time, by noncontiguous properties in the area. However, these properties may have changed hands. Brancel directed Nielsen to look into the ownership of these docks. PAUL BOYER said the Sullivan property is being used to the maximum. He said Boyer does not plan to do this. They are only asking for the right to use the property. THE PUBLIC HEARING WAS CLOSED AT 7:50 P.M. Stover asked Boyer where the residents of Gideon's Cove will park when using the peninsula. She said Timber Lane is a substandard road. .'::1 . . . CITY COUNCIL MINUTES SEPTEMBER 30, 1991 - PAGE 4 Boyer said there should be no need for parking, it is a short walk from the development. Stover then asked where residents will store boating equipment. Boyer said there are currently sheds on the site and these can be used. TIM KANE - ATTORNEY said the Boyer's are entitled to two docks tied to the first two lots in the development. He said an amendment to this designation is within the discretion of the Council, with a 4/5 vote. Stover said she is concerned about supplemental needs, such as dock lights and water. She said all twelve units could have some kind of craft on the peninsula. JOHN BOYER said they will do what the residents of the development want. He said Boyer will establish an association to control the uses of the peninsula, therefore the City will have to exert less control. Gagne said the main point of discussion is whether the City will allow two docks with two units or two docks for six units. Councilmember Daugherty said the City should Impose restrictions on the use of the peninsula whether it approves 6 boat slips or two. Councilmember Lewis said the amount of watercraft in the area is a legitimate concern. He said the City already has a difficult time controlling the use of shoreline property. Stover said there will be additional use of a very crowded area. Gagne asked Bob Boyer what kind of facilities will be provided to all the residents. Boyer said they will have access to the peninsula and the six residents with boat slips will pay extra for the slips. Nielsen explained that only a concept stage plan has been approved and a development stage plan will provide more details for the Council. Daugherty asked Nielsen if the other residents of Gideon's Cove could have small craft. Nielsen said they could at this time, however, the Council can restrict this within the P.U.D. agreement. Stover asked the Attorney's opinion whether certain parcels of land are retained for common use. Kane read the P.U.D. concept stage plan that the Council approved and said the Council approved the density of the development and reserved the right to discuss Outlots A, Band C. 4 . . . . CITY COUNCIL MINUTES 'SEPTEMBER 30, 1991 - PAGE 5 Gagne moved, Daugherty seconded to approve six boat slips divided among six living units and registered to these units. subject to the approval of the development stage plan. Motion failed - 3/2 (Stover nay. Lewis abstained) Lewis said the Council is allowing an increase in boat density from one boat per dock to three per dock. Stover said two dock owners may not each have three boats. Gagne said the Gideon's Cove association will control the use of the peninsula and this change allows more access to the Lake. Daugherty said there are many issues to clarify such as, the funding of the association and how to restrict boat use of the peninsula. He favors increased boat slips but with restrictions. Brancel asked Nielsen about the sheds currently on the peninsula and if they will be used to store boats. Nielsen said the Boyer's should address the common use of the sheds. Lewis moved. Stover seconded to table the discussion of dock rights on the peninsula at Gideon's Cove. Motion failed - 3/2 (Gagne and Brancel. nay) Gagne moved. Daugherty seconded to approve six boat slips divided among six living units and registered to these units, subject to the approval of the development stage plan. Motion failed - 3/2 (Lewis and Stover. nay). Daugherty asked Lewis and Stover if they want an amendment stating there will be no more than six boat slips. Stover and Lewis said they do not want to guarantee six slips. They felt this was a change in the grandfathering. Nielsen said Boyer has six months to submit a development stage plan to the Planning Commission. Daugherty said Boyer should return to the City and address the issues discussed tonight. BOB BOYER said they are proposing the most restrictive use of the shoreline as stated in the LMCD Shoreline Management Plan. They propose 50 ft. of shoreline for each boat. Gagne asked Kane if the parcel will be all one piece when the P.U.D. is completed. Kane said yes, it would. Daugherty said more neighbors should have been present if they are concerned about the issue. ~. ~.J . . . ,,'. . CITY COUNCIL MINUTES 'SEPTEMBER 30. 1991 - PAGE 6 Brancel said the Council will discuss the issue again on October 14th after Lewis has looked at the parcel. Stover moved, Gagne seconded to continue the discussion of the boat slips on the peninsula at Gideon's Cove to the October 14 City Council meeting and to direct the developer to submit restrictions on the use of the peninsula. Motion carried - 4/1 (Brancel) 4 . ADJOURNMENT Daugherty moved, Gagne seconded to adjourn the meeting at 9:30 P.M. Motion carried - 5/0 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary CI gtlJ~~h:; MAYOR B RB A EL b