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02-14-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 14, 2011 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Acting Mayor Zerby called the meeting to order at 7:02 P.M. A. Roll Call Present. Acting Mayor Zerby; Councilmembers Hotvet, Siakel, and Woodruff, Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landim Absent: Mayor Liz& B. Review Agenda Woodruff moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 24, 2011 Siakel moved, Woodruff seconded, Approving the City Council Work Session Minutes of January 24, 2011, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, January 24, 2011 Woodruff moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of January 24, 2011, as presented. Motion passed 4/0. C. Cities of Excelsior, Shorewood and Tonka Bay Work Session Minutes, January 31 , 2011 Hotvet moved, Siakel seconded, Approving the Cities of Excelsior, Shorewood and Tonka Bay Work Session Minutes of January 31, 2011 2010, as presented. Motion passed 31011 with Woodruff abstaining due to his absence at the meeting. 3. CONSENT AGENDA Acting Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 14, 2011 Page 2 of 8 B. Shorewood Yacht Club Conditional Use Permit Resolution (This was moved to Item 10.13 under General/New Business.) C. Staff / Council Retreat D. Lease — Purchase Agreement with Excelsior Fire District for Self Contained Breathing Apparatus Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. 7. PARKS Commissioner Trent reported on matters considered and actions taken at the February 8, 2011, Park Commission meeting (as detailed in the minutes of that meeting). 8. PLANNING No report was given because there had not been a Planning Commission meeting since the last City Council regular meeting. The next meeting is scheduled for February 15, 2011. A. Bill Mason Zoning Violation Appeal Applicant: Bill Mason Location: 27680 Island View Road Director Nielsen explained the City received a resident complaint alleging that the property located at 27680 Island View Road and owned by Bill Mason had multiple docks on it. The complainant was aware that the City's Code limits the number of docks per lot to one. Staff worked with the Lake Minnetonka Conservation District (LMCD) because there were some overlapping issues. One of the docks in question was wider than what the LMCD allows. After meeting with the LMCD, the City issued a zoning violation letter dated November 29, 2010, to Mr. Mason asking him to take down two of his three docks. He noted that the last he knew the LMCD thought it had insufficient evidence to determine whether the wider dock had been altered over the last several years and was therefore not taking any enforcement action. Nielsen then explained that Mr. Mason has already agreed to take down one of his docks; the dock that extends out into the main body of the lake. Mr. Mason is appealing the order with respect to the other two docks that are in the lagoon area. He noted that Mr. Mason has been given until June 1, 2011, to correct the violation. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 14, 2011 Page 3 of 8 Nielsen noted Mr. Mason is present and he asked him if he would like to address Council. Bill Mason, 27680 Island View Road stated he and his wife bought their property 17 years ago. He referred to a picture to highlight the location of an old retaining wall which is made out of 10 by 10 treated landscape timbers. He stated after owning the property for about four years he noticed some of the timbers were starting to decay. At that time he asked a former neighbor when the retaining wall was installed, and the neighbor's response was in the 1960s. He explained the retaining wall comes out around the point of his property, down the lagoon and stops at the deck that Director Nielsen talked about. The retaining wall goes under the deck and serves as erosion control for the end of the lagoon. The retaining wall continues to the edge of his property. He noted he has not done anything to his property other than plant some trees. Mr. Mason noted one of the boathouses has a canopy on it and one does not. He explained he had put out the dock on the lakeside for his son and his friends to use for waterskiing. He has continued to have the dock out for neighborhood children to fish off of Overtime there has been fewer and fewer children in his neighborhood to use that dock. The past season no children came to fish off the dock so he decided that he would take that dock out and not put it back in again. He noted that in the fall of 2010 he spoke to Excelsior Fire District (EFD) Chief Gerber about donating the dock to the EFD for it to use for its fire rescue boat. The EFD accepted the donation. Mr. Mason stated he and Director Nielsen had discussed the possibility of reconfiguring his dock with the two boathouses against the deck over the retaining wall. He explained this past weekend he measured the items and area and he determined that reconfiguring things the way he and Brad had discussed would not work. By putting things against the deck he would have 17 feet to get out of his 40 -foot boathouse. Connecting the deck and dock would not work. The width of the two boathouses is 38 feet. There is 11 feet on each side. Mr. Mason explained the retaining wall (with the deck over part of it) is for erosion control purposes. The dock is for boat dockage. He noted that the LMCD has pictures showing the deck going back to the 1970s. He stated the deck would qualify to be grandfathered in. He explained he is trying to find a way that he can maintain the deck over the retaining wall. Mr. Mason stated if you drive around Lake Minnetonka one will see that most property owners have multiple boats as well as personal watercraft docked in front of their property with all of the watercraft having their own docks. He commented it's not difficult to find properties in the City with multiple docks. Mr. Mason asked if the City's Zoning Ordinance could be amended to allow for something such as this through a conditional use permit. He noted he has spoken with Mayor Lizee about possibly considering having an application for a second dock that would be fee driven. He asked if the current Ordinance fits with how property owners use Lake Minnetonka. He stated from his vantage point one dock does not fit the usage of the Lake. Mr. Mason stated earlier in the day he has spoken with Director Nielsen about how the deck/retaining wall could be maintained because it provides erosion control. He then stated thought they met the criteria for a grandfathered status. He wants to find a way to make things work. Councilmember Siakel thanked Mr. Mason for working with the City on this. She asked Mr. Mason how wide the deck on top of the retaining wall is. Mr. Mason responded it's 10 feet deep more of it goes over land than water. He noted he replaced dry rot in the deck but never altered it. Siakel asked Mr. Mason if he considered the platform over the retaining wall to be a deck, noting she wasn't sure it should be called CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 14, 2011 Page 4 of 8 a dock. Mr. Mason stated he does not consider the platform to be a dock. He explained it's very low and you couldn't park a boat next to it because it's so shallow. He noted it does have a definite purpose. Acting Mayor Zerby stated the copy of a letter from the LMCD included in the meeting packet suggests that if Mr. Mason can provide additional information to the LMCD proving that the deck/dock was there before June 30, 1982, it should be entitled to the grandfather status. Mr. Mason stated he spoke with LMCD Executive Director Nybeck who explained the LMCD had pictures showing the structure was in its current location in the 1970s, and his former neighbor said it was there in the 1960s. In response to a comment from Acting Mayor Zerby, Director Nielsen explained the grandfather status for a dock is relative to the LMCD. The City's rules are there can only be one dock per lot. Nielsen then explained if the dock over the retaining wall were grandfathered in Mr. Mason could keep it but he could not keep the other dock. Nielsen went on to explain that early on Staff suggested that maybe the dock with the canopies on it could be reconfigured in such a way that it could be attached to the old wooden dock therefore making it one dock. Nielsen noted that earlier in this discussion Mr. Mason indicated he does not think that will work. He stated the two docks are not necessarily grandfathered in per the City's code. He noted the LMCD does not care how many docks Mr. Mason has; it does care about the width of the old wooden platform. Councilmember Siakel asked Director Nielsen what makes the platform over the retaining wall a dock from the City's perspective. Nielsen responded that per the City's definition it's a dock because it hangs over the water and it's used for docking purposes. Siakel asked Mr. Mason if it's used for docking purposes. Mr. Mason responded the complainant was the only person who used it to dock a boat; the complainant's guests used it for that purpose. Mr. Mason explained he considers a dock to be something that can be removed. The structure being talked about can't be removed annually. Councilmember Siakel questioned if the old wooden structure is truly a dock. The structure is not used for boats or recreation. She stated the dock should be issued grandfathered status because it was in place before June 30, 1982. Administrator Heck explained the City's issue is specific to the number of docks. He stated per the City's definition a deck is attached to a house or some type of dwelling and a dock hangs out over the water. He then stated Staff asked the LMCD if it considered the old wooden platform a dock or some type of recreational structure. The LMCD related if the structure existed before the June 1982 date then its okay. He explained that if the structure is a dock per the City's definition then the restriction of one dock per lot is valid and Mr. Mason has to decide which dock he wants to keep. He stated Mr. Mason's point about lake use having changed over time is valid. He then stated Council could direct Staff and the Planning Commission to review the one - dock - per -lot restriction in the Zoning Ordinance and assess whether or not it's still relevant, or Council could just enforce the current restriction. Director Nielsen noted that even though the City's Ordinance has the one - dock - per -lot limitation a dock can be configured to have multiple slips. Theoretically, there could be four slips on a single dock to accommodate multiple watercrafts. Councilmember Woodruff stated about five years ago the Planning Commission, of which he was a member at that time, had a lengthy discussion about the City's Dock Ordinance and made recommendations about how to make the Ordinance consistent with LMCD and Department of Natural Resources rules. He explained that as long as a dock is only attached to the shoreline at one location there can be as many slips as allowable under LMCD rules, noting the City adopted the LMCD rules by reference. He stated what is being discussed now is the fact that there are two structures. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 14, 2011 Page 5 of 8 Councilmember Woodruff explained some years ago the Planning Commission discussed two cases that existed on Enchanted Island. Both situations were put there by Michael Catain. Mr. Catain lined the shoreline with decking (not too dissimilar to what Mr. Mason has but more extensive). It was done in the lagoon off of Enchanted Drive and also in the lagoon off of Enchanted Point where he had a house. In addition to that Mr. Catain had a dock. He noted for some reason a decision was made not to deal with either of the situations. He stated the City Code is very clear. He then stated if Council thinks it may want to allow Mr. Mason to keep the deck/dock and dock, it's incumbent upon Council to consider a change to what the City's rules are and ask the Planning Commission to come forward with a recommendation. He noted he is willing to entertain a discussion about that, but he is not willing to break the City's law by making an exception. Acting Mayor Zerby stated there are properties around Lake Minnetonka that have boathouses on them which were used to store boats. As the times changed the boathouses became too small to store the larger sized boats on the lake. Yet, the boathouses have been allowed to remain where they are and the property owners have added docks. He then stated it appears to him that the old wooden structure was likely installed years ago to allow smaller boats to dock there. He considers the situation with the old wooden structure on Mr. Mason's property to be similar to the boathouses around the lake, and that Mr. Mason's structure be allowed to remain just like the boathouses have been. Councilmember Hotvet suggested the City and the LMCD review their rules for docks to ensure they are easy for residents to understand. Woodruff moved, Hotvet seconded, directing Staff and the Planning Commission to review the City's Dock Ordinance and propose changes they believe are appropriate and to have any recommended changes to the Ordinance available for Council to review and consider during April 2011. Director Nielsen stated he will be gone about two and a half weeks in April so he asked if Staff and the Planning Commission could be given a little more time to deal with this. Without objection from the seconder, the maker amended the motion to have the recommended changes to the ordinance available for Council to review and consider during May 2011. Motion passed 4/0. 9. ENGINEERING /PUBLIC WORKS A. Murray Hill Road Drainage Improvement Project Engineer Landini explained during 2005/2006 the City created a report on drainage problem areas in the City. The report identifies the number one drainage problem area as 6180 Murray Hill Road. The site is at the intersection of Summit Avenue and Murray Hill Road. Both roadways have steep grades without any storm sewer. Stormwater runoff flows down both roadways into the intersection and flows over the curb and berm into the yard of 6180 Murray Hill Road. The runoff gets fairly close to the house. The majority of the runoff collects in a wetland to the south of the house. The overflow finds its way to a ditch along Chaska Road and eventually makes its way to a large wetland in the northeast quadrant of Mayflower Road and Chaska Road. Landini then explained he met with the resident last summer to find out if there was still a problem and she indicated there is. He noted he asked the property owner if she was interested in granting the City an CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 14, 2011 Page 6 of 8 easement. She was at the time they were walking around the property. The property owner walked them toward the wetland and he was able to see the ditch. Landini went on to explain the drainage report recommended three options for addressing the problem, noting two of them have been implemented. After walking the property it became apparent that the option, which was to install storm sewer to the wetland south of the house, would not address the problem. After that he asked WSB & Associates to identify some other option for dealing with the drainage issue. WSB has provided cost estimates for routing the stormwater directly to a large wetland in the northeast quadrant of Mayflower Road and Chaska Road. Landim noted that the project to address this problem drainage area is included in the 2011 capital improvement program. There has been $151,900 earmarked for this project. Woodruff moved, Siakel seconded, directing Staff to create plans and specifications to bid the Murray Hill Road Drainage Improvement Project for construction in 2011. Motion passed 4/0. 10. GENERAL /NEW BUSINESS A. Planning Commission Appointments Acting Mayor Zerby stated that just prior to this meeting Council interviewed five applicants for the two Planning Commission seats that will become vacant on March 1, 2011. Hotvet moved, Siakel seconded, Adopting RESOLUTION NO 11 -005, "A Resolution Making the Appointments of Steve Charbonnet (3 -year term) and Michael Garelick (3 -year term) to the City of Shorewood Planning Commission effective March 1, 2011 ". Motion passed 4/0. B. Shorewood Yacht Club Conditional Use Permit Resolution This was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff explained he asked to have this item removed from the consent agenda in order to provide Council the opportunity to vote on this item separately. Director Nielsen explained the draft resolution included in the meeting packet limits the 52 dock slips for power boats to pier 44 and the westerly half of pier 43. That was the first motion made by the Planning Commission. After that motion was made the Commission agreed to limit the power boats to all of piers 43 and 44 because the end slips are better suited for sail boats. Unfortunately, the minutes for the Commission meeting when this was discussed reflect the limitation to the westerly half of pier 43. He noted Planning Commission Chair Geng is present this evening and Geng had indicated to him that it's his recollection the Commission decided not to include the westerly half of pier 43 restriction. It was an error in the meeting minutes; it should have just said pier 44 and pier 43. Nielsen suggested "the westerly half of be deleted from the resolution. Acting Mayor Zerby asked Chair Geng if it's his understanding power boats could be docked anywhere on pier 43 to which Geng responded it is. Siakel moved, Hotvet seconded, Adopting RESOLUTION NO. 11 -004 "A Resolution Granting a Conditional Use Permit for Michael Maloney and Gabriel Jabbour Allowing a Certain Number of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 14, 2011 Page 7 of 8 Power Boats at the Shorewood Yacht Club" subject to "the westerly half of being removed from the resolution. Motion passed 311 with Woodruff dissenting. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated the City has received information indicating that Judge Blaeser issued his decision to approve the City's motion for sanctions. The litigant can participate in the court system as long as he has an attorney. The Court Administrator is not allowed to accept fillings, motions, etc. until they have been reviewed and approved by the chief judge of the district court or the civil court judge. He noted the City did receive a letter that was not served properly. Heck then stated the League of Minnesota of Minnesota Cities and Metro Cities are hosting community conversation sessions. Communities can apply to participate in the sessions. He asked Council if it would like the City to apply. There was Council consensus for the City to apply to participate in the community conversation sessions that will be hosted by the League of Minnesota Cities and Metro Cities. Heck stated that Director Nielsen, Councilmember Hotvet, Councilmember Siakel and he met to talk about the trail planning initiative. The group agreed with Mayor Lizee's previous recommendation to include two resident representatives on the Trail Planning Committee. The group discussed adding more residents to the Committee further down the road. He noted the committee is comprised of Director Nielsen, Councilmember Hotvet, Councilmember Siakel, Planning Commissioners Hasek and Hutchins, Park Commissioners Edmondson and Quinlan, and residents Michael Dodd and Mary Donahue. He stated the Committee should have its first meeting in March. He noted Nielsen will serve as the "project manager" and provide support to the Committee. 1. Step To It Program Administrator Heck stated the City is participating in the "Step To It Challenge" being sponsored by Hennepin County. Staff encourages the Councilmembers and residents in the community to participate in the challenge. Information about the challenge can be found at www.steptoit.org Acting Mayor Zerby commented that some events for the challenge are scheduled to be held at the Southshore Community Center. Councilmember Hotvet clarified that it's not just walking that can be counted for the challenge. Things such as biking and jogging can be counted for the challenge. Other Councilmember Hotvet asked if Communication Coordinator Moore has mentioned anything about the Global Youth Service Day which is scheduled for April 15 — 17, 2011. She stated it presents an opportunity for the City to get youth involved in doing things for the City, such as working on the trails in the City. Engineer Landim explained the contractor has started to excavate the outlet structure located near 5750 Covington Road and Silver Lake. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 14, 2011 Page 8 of 8 Councilmember Woodruff thanked Director Brown and the Public Works Department for getting the weight restrictions sign up right away. Brown explained that someone has taken a liking to that sign so the sign was not put up until weight restrictions actually went into effect. B. Mayor and City Council Administrator Heck noted that Council will interview applicants for the Park Commission on February 28 "'. There will be a work session just prior to the regular Council meeting on that day to discuss eminent domain. Councilmember Siakel stated she has attended the last few Lake Minnetonka Conservation District (LMCD) Board meetings. The Board has spent a great deal of time talking about the Woodland Cove Development being proposed for near Halstead Bay. The Board has had lengthy discussed how many docks should be allowed and about the development of the shoreline. Acting Mayor Zerby thanked the other Councihnembers for the patience they have shown during this meeting, noting it was the first time in his eight years on the Council that he has served as the Acting Mayor and had to run a meeting. 12. ADJOURN Hotvet moved, Siakel seconded, Adjourning the City Council Regular Meeting of February 14, 2011, at 7:52 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder S6A be "f6y, Ac ng ayor