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PC-03-05-13 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MARCH 5, 2013 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Geng; Commissioners Charbonnet, Davis, Garelick, Labadie, Maddy and Muehlberg (arrived at 7:06 P.M.); and Planning Director Nielsen Absent: None APPROVAL OF AGENDA Davis moved, Garelick seconded, approving the agenda for March 5, 2013, as presented. Motion passed 6/0. APPROVAL OF MINUTES  February 5, 2013 Davis moved, Charbonnet seconded, approving the Planning Commission Meeting Minutes of February 5, 2013, as presented. Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING – ZONING CODE TEXT AMENDMENT TO ESTABLISH A SYSTEM FOR ZONING PERMITS Chair Geng opened the Public Hearing at 7:02 P.M., noting there were no members from the public in the audience this evening. Director Nielsen explained the topic of zoning permits came up in 2010 when Staff brought the idea up. Zoning permits would be for various activities that are regulated by the City’s Zoning Code (the Code) but not covered by building permits. The best example is a driveway. There are setback and hardcover requirements for driveways, but a permit is not needed to construct one. In 2010 the then Planning Commission recommended, on a 4/2 vote, Council adopt an ordinance amendment to establish a system for zoning permits for eight activities. When Council considered the proposed amendment there was some concern about micromanaging. The amendment failed for lack of a motion. During a June 11, 2012, joint meeting of Council and the Planning Commission Council agreed to reconsider an ordinance establishing zoning permits for various activities. During that meeting there was discussion about adding some additional activities to the list. As part of its review of the General Provisions Section of the Zoning Code the Commission decided to add five more activities to the zoning permits list. CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 2 of 12 Nielsen provided the Commissioners with a copy of the City of Chanhassen’s zoning permit brochure. He noted Staff fully intends to use it as a model for a brochure for Shorewood. Although Chanhassen’s brochure explains what zoning permits are about, the more important information included is about the value of zoning permits to residents. It explains that once a zoning permit is complete and approved the documents are placed in the property’s building file. There is a record that the property owner has complied with code. Nielsen stated when a person applies for a zoning permit they will be informed of what the requirements are. He cited an instance where a property owner installed a driveway that ended up being partially on the abutting property. That was an expensive problem to correct. That problem could have been avoided if they would have had to apply for a zoning permit. Nielsen read through the list of the thirteen activities that are proposed to require a zoning permit. They are as follows. 1. Accessory buildings less than 120 square feet in floor area 2. Fences 3. Driveways 4. Temporary signs 5. Sport and tennis courts 6. Patios and sidewalks 7. Retaining walls higher than three feet (no separate permit required when a building permit is required for grading) 8. Above-ground fireplaces and cooking facilities (not including portable appliances) 9. Irrigation systems 10. Playground equipment or systems occupying more than 64 square feet of ground area or exceeding six feet in height 11. Underground animal control fences 12. Tents and canopies erected for more than two weeks in a 12-month period 13. Portable storage facilities not associated with a valid building permit and located on property for more than 30 days in a 12-month period Nielsen noted that Staff recommends approval of the proposed ordinance amendment. Seeing no one present wishing to comment on this matter, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:12 P.M. Commissioner Garelick stated he thought the zoning permits system will help make property owners accountable. He then stated based on what he knows if a municipality does not require zoning permits the value of properties decline. Commissioner Davis asked if activity 12 is intended to prohibit car ports. Director Nielsen noted permanent car ports would be subject to a building permit. Davis then asked if these will be enforced on a complaint basis. Nielsen explained the City does not go looking for this stuff. The City’s policy has been passive enforcement. Davis then asked what complaints the City has received in the last two years that would have been covered by the activities proposed to be covered by zoning permits. Nielsen responded driveways are the biggest problem. Nielsen stated the City has been trying to deal with fences with building permits, while noting that technically the Building Code doesn’t cover fences unless they CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 3 of 12 are six feet tall or taller. Temporary signs have been addressed under the Building Code as well, while noting there is nothing in the Building code that relates to temporary signs. Director Nielsen explained there was a situation where a person took out their deck to bring their hardcover into conformance. When that person applied for a permit a few years later for something else Staff found out that person constructed a patio where the deck had been. That person explained that because the patio didn’t require a permit it must have been okay to put a patio in. The person had to take the patio out because of being over the hardcover limits. He stated it is one thing when the violating property owner is caught for violating something. But, it’s another thing when the new property owner who had nothing to do with the violations has to suffer the consequences. He explained the City has not received many complaints about playground systems. He was aware of a situation where part of an irrigation system was installed on the wrong property. There have been instances where animal control fences have crossed over property lines. More and more cities are addressing the issue of tents and canopies (portable structures). There have been two incidences of portable storage facilities being on properties for a long time. Commissioner Maddy asked what a property owner has to do to prove where their lot lines are. Director Nielsen explained in some cases it is as easy as looking up a property’s survey at City Hall. Most new properties or properties where something has been done have a survey on file with the City. Other times a property owner will have to locate their property stakes. There are also times where a person has to hire a surveyor to locate the lot lines. Commissioner Davis explained that she and her husband don’t do anything without first having the City Building Inspector out to talk about it. Commissioner Garelick stated not long ago there was an issue discussed about excessive noise being generated by a property owner and his family who drive recreational motorized vehicles on that property. He asked if there was any way to possibly address that type of problem through zoning. Director Nielsen explained the City is still working on that issue from a land use perspective, and that the issue has nothing to do with the proposed zoning permits system. Commissioner Charbonnet asked if there should be something about [driving] tracks in zoning permits. Director Nielsen stated the City does not allow them. Davis moved, Garelick seconded, recommending approval of the Zoning Code text amendment relative to zoning permits. Motion passed 7/0. Director Nielsen stated this item will be placed on Council’s March 25, 2013, meeting agenda for further review and consideration. He explained that normally zoning items are considered by Council during its second meeting of the month unless there is some urgency. The reason for that is to ensure the related Planning Commission’s meeting minutes are available for Council to read so they are privy to the conversation. Commissioner Davis asked if the City’s zoning permit brochure will be ready for the spring season. Director Nielsen responded it will be. Davis then asked if the permit fee will be $20 as the Planning Commission had discussed. Chair Geng explained that during Council’s February 11, 2013, meeting there was discussion about possibly having a graduated fee. Geng stated he thought the fee amount is something Council will want to deal with. Nielsen noted the minimum permit fee is $20. Davis stated CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 4 of 12 some of the activities for which zoning permits are proposed are relatively simple things while some are more involved (e.g., a driveway). Davis then stated she thought a graduated fee is a good idea. Commissioner Muehlberg stated he thought a $20 fee is fairly insignificant. Director Nielsen stated these proposed activities that would require a zoning permit will probably require one inspection. He then stated if it turns out the $20 fee is not enough based on the amount of staff time taken staff can propose an increase in the fee. He noted he thought $20 was an appropriate place to start. Commissioner Labadie cautioned against making the zoning permit fee cost prohibitive. That could encourage people to try and circumvent what the City is trying to establish. She stated she understands the concept of the graduated fee and why it may make sense, but she thought it could be a little tricky. She expressed her preference for keeping the fee low. Chair Geng closed the Public Hearing at 7:29 P.M. 2. DISCUSSION  Trail Implementation Process Director Nielsen stated his memorandum on this topic indicated that he planned on providing the Planning Commission with a revised trail implementation process outline for discussion this evening. He noted that he does not have that done. He stated instead he is going to talk about the issues with the current process that was included in the Trail Implementation Plan when the Park Commission was still in charge of the trails. Nielsen explained the first step in a trail implementation process is to identify what trails are up for consideration in a particular year. The next step is to assess the characteristics of the area and connections to other trails, to identify the type and width of the trail, and in some cases what side of the road it should be on. That information would help direct the engineers in the trail feasibility study. Nielsen then explained the trail walk identified in the original process was intended to get residents in an area of a future trail to come and provide input on issues with the given route. Residents did not get involved during the Smithtown Road (west) Trail [from the Shorewood/Victoria border to the Minnewashta Elementary School and then on to the Lake Minnetonka Light Rail Trail at Eureka Road] project walk/ride. The walk/ride was a valuable exercise for the Planning Commissioners. Therefore, a trail walk/ride will be one of the steps in the revised process but it will not include the public. Instead, public involvement would be gained through a neighborhood open house event. That proved valuable for the Smithtown Road (west) Trail. There was information available for residents that in many cases answered their questions. The open house format makes it easy to deal with individuals or small groups of residents. It allows residents to be flexible as to when they come to it. Therefore, it is proposed that an open house be part of the process. Nielsen noted that the County Road 19 Trail (from the existing sidewalk in front of the Tonka Village Shopping Center in the City of Tonka Bay north along the east side of County Road 19 to the Lake Minnetonka Light Rail Trail (LRT) Trail) and the Smithtown Road (west) Trail are both scheduled to start in June and be completed in 2013. He stated that obtaining the needed easements for both of those projects took a significant amount of time. Therefore, a significant about of time needs to be built into the process for property acquisition. He then stated Council was recently provided with a somewhat detailed CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 5 of 12 project schedule for the Smithtown Road (west) Trail. He recommended a similar schedule be added to the process for all trails. He noted the engineers told Staff that the feasibility study for a trail would be far more useful and accurate if the survey was conducted before the feasibility study was conducted. He stated that will be suggested in the process. Nielsen stated the City has been approved for a grant through Hennepin County along with the City of Excelsior to help pay for a feasibility study for the Mill Street trail segment. He noted that will occur on the County’s schedule; the County will be ordering the study. Staff assumes the County will do the necessary survey work. Nielsen noted that is all he has on this topic this evening.  Zoning Code – General Provisions Director Nielsen stated the Planning Commission began reviewing the General Provisions section of the Zoning Code in 2012. During the review it identified a few items that need further study and those are included in the Commission’s 2013 work program. He then stated some portions of that Section had been reviewed in detail a few years before that so there was little if any review needed (e.g., Subd. 11 Signs). He explained under Subd. 10 Essential Services underground and overhead electric transmission lines require a special permit. Xcel Energy is proposing upgrading the transmission line to a high powered voltage line, part of which would be located in the City. In accordance with the City’s Ordinance that would require a conditional use permit from the City. Staff has been told by some attorney that the State does not have to do that. He stated he will consult with the City’s attorney to find out if the Essential Services section should be amended to reflect reality. Nielsen stated Subd. 12 Home Occupations is an ordinance that has served the City very well. He explained there are basically two types of home occupation – limited home occupation and special home occupation. The limited home occupation is a quiet use and does not require a permit. A special use occupation requires a conditional use permit. That occupation may have equipment that the business uses that is not specific to a residential property. It has up to one employee that comes to the property. There may be clients that come to the site. He stated the City has a list of questions that would help a resident determine which type of occupation they have. Nielsen noted Subd. 13 Flood Plain Development is up to date. Subd. 14 Regulations Applicable to Shoreline Property was reviewed about three years and some changes were made relative to docks. That ordinance is also up to date. Nielsen stated Subd. 18 Solar Access indicates it is reserved for future use. To date solar access has not been an issue. There are residents who have solar panels on their homes and they have not violated the City Code. He noted the Planning Commission’s 2013 work program includes the study of wind generators. Council suggested the Commission also discuss solar at the same time because it is an alternative energy. Nielsen then stated at one time fire lanes were a big issue. Subd. 19 Fire Lanes has resolved that and it has been working very well. Nielsen noted the Planning Commission’s 2013 work program includes a study of elderly housing (Subd. 20). Allowable density will be part of the study. As will discussion of how various types of elderly housing are viewed. CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 6 of 12 Nielsen stated Subd. 21 Telecommunications Towers and Facilities has been working well. There are not many, if any, new requests for towers. Current cellular providers do make requests to change out equipment and this ordinance already addresses that. Nielsen noted the Planning Commission’s 2013 work program includes a study of residential zoning districts.  Galpin Lake Road and Mill Street Trails Director Nielsen noted the Galpin Lake Road trail segment (between Highway 7, at County Road 19, and the City of Chanhassen) and the Mill Street trail segment (between Chanhassen and the City of Excelsior) are indicated as first-phase priority in the Trail Implementation Plan. They are scheduled for 2014. They are the next two segments identified (after The Smithtown Road and County Road 19 segments) in the Capital Improvement Program (CIP). With regard to the Mill Street segment, Nielsen explained Chanhassen has a bituminous trail that stops at its border with Shorewood (Holly Lane). Excelsior has a sidewalk that crosses a bridge over Highway 7 and ends at Wheeler Drive. Excelsior is looking at doing the segment in between. He stated there should be some money available for this trail segment because it is found on Hennepin County’s Bicycle Gap Map which identifies where bicycle routes stop but should be connected. With regard to the Galpin Lake Road segment, Nielsen explained the City will try to get some help from the Minnesota Department of Transportation (MnDOT) for the portion that would go along Highway 7. MnDOT built a segment of trail in Excelsior in 1991 that goes from County Road 19 near some apartments in Excelsior. Excelsior got money because it does not receive any Municipal State Aid (MSA) construction funds. Shorewood does receive MSA funds so it would probably not get that benefit. Nielsen explained that the Mill Street segment would be confined to the County right-of-way (ROW). The concrete sidewalk in Excelsior that comes across the bridge is only four feet wide. The trail in Chanhassen is eight feet wide and is bituminous. He noted that during the Trail Implementation Plan project there was discussion about having a six-foot-wide bituminous surface standard for trail segments. He then noted the City asked for quotes for both a bituminous trail and a concrete trail for the County Road 19 trail/sidewalk to compare costs. The Smithtown Road (west) Trail will be concrete to be consistent with the City of Victoria trail it will connect to. He stated it would be nice if the Mill Street segment could accommodate bicyclists and pedestrians; that would require at least an eight-foot-wide surface. Chair Geng asked if there is any flexibility with Excelsior. Director Nielsen stated he is not sure there is much flexibility with the sidewalk that goes over the bridge, and it is unlikely Excelsior would want to narrow the traffic lanes to make the sidewalk wider. Excelsior may consider widening the trail on the south side of Highway 7 if the Shorewood trail segment ends up being eight feet wide. Nielsen noted that Excelsior has not committed to constructing a portion of the Mill Street segment. Geng then asked Nielsen if he anticipates Shorewood will go forward with its portion of the Mill Street segment even if Excelsior does not go forward with its segment. Nielsen stated he would expect so and explained the committee who developed the Trail Implementation Plan had no indication that Excelsior would construct the segment at that time. Director Nielsen stated there appears to be a fair amount of support from the residents near the two possible trail areas. CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 7 of 12 Commissioner Davis stated she understands the Galpin Lake Road trail segment coincides with a roadway project. She suggested that the roadway improvement plans be reviewed when considering trail segments to find out if there are opportunities to do roadway and trail projects at the same time. Director Nielsen noted that there will not be a new crossing at Highway 7 for the Galpin Lake Road trail segment. People would have to go to the existing crossing. Nielsen explained the Chanhassen trail on the west side of the road is an eight-foot-wide bituminous surface that stops at the Pleasant Avenue boundary with Shorewood. The section that would go through Shorewood is approximately one-half mile long. The segment that goes along Highway 7 would mirror the section constructed in Excelsior several years ago. He thought it is ten feet wide. There is a guard rail on the Highway 7 side. Because the land drops off, there is a retaining wall and fence on the lake side. He commented that it will be an expensive segment of trail to build. Chair Geng asked if the City could avoid the cost of a retaining wall if the trail segment were constructed on the east side. Director Nielsen clarified he is talking about the segment along Highway 7. Director Nielsen stated when there is question as to which side of a roadway a trail segment should be constructed on Staff recommends the survey include the ROW on both sides. The survey information can be used for other projects as well. Chair Geng asked if staff anticipates ROW issues. Director Nielsen stated not on the Mill Street segment because Hennepin County has 66 feet of ROW. Nielsen then stated the City’s ROWs are typically less than those on County roads. The City’s standard ROW is fifty feet. Chair Geng asked Director Nielsen what he is looking for from the Planning Commission this evening. Director Nielsen stated he needs suggestions about which side the trail segment should go on. Director Nielsen recommended the Mill Street trail segment match the Chanhassen trail going north as a starting point. It would be an eight-foot-wide bituminous surface. He stated that would make for a bike route for the City’s residents as they go south. He thought it makes sense to have the trail on the east side of the roadway unless there are issues that make that difficult. Chair Geng suggested the Planning Commission walk the two proposed trail sites in April, noting they are each approximately one half mile long. Director Nielsen stated he will find out if Hennepin County will pay for the survey work for the Mill Street trail segment. Commissioner Muehlberg stated the area is very tight for a trail the closer it would get to Excelsior. Director Nielsen agreed. Commissioner Labadie asked if Hennepin County awards a certain number of grants per year. Director Nielsen stated it has awarded them annually. Director Nielsen stated the feasibility studies for the Mill Street and Galpin Lake Road trail segments will be done in 2013 and the easement acquisition process, if needed, will begin this fall. He noted that constructing trail segments will come down to funding. He explained the Smithtown Road (west) Trail is to a large degree being funded out of the City’s Infrastructure Fund and with some MSA funds. The City CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 8 of 12 will try to secure a grant from the Safe Routes to Schools program, but competition is tight for those rd funds. He stated during the Council and staff retreat on March 23 there will be discussion about how to fund various City projects. He noted the City has had a zero tax levy increase for the last few years. Therefore, the City is not setting money aside for projects like these. Commissioner Davis asked where she can find a copy of the map reflecting when the various roadways in the City will be reconstructed. Director Nielsen recommended that, for the section of the Galpin Lake Road trail segment, it could run parallel to the highway mirroring what Excelsior did several years ago. It would be ten feet wide if that were done. Chanhassen’s trail on the west side is eight-feet-wide bituminous. He stated there has been discussion about possibly breaking the Galpin Lake Road trail segment into two parts with the first being the portion along the Highway 7 segment from Oak Street to Galpin Lake Road. That could be done if money dictated that. Nielsen stated the City has a four or five foot sidewalk along a portion of Lake Linden Drive on the west side. He stated he thought it would be relatively inexpensive to continue the sidewalk up to the north side of the Highway 7 and Highway 41 intersection. People could cross Highway 7 to get to the Chanhassen trail system. He noted the City’s goal is to be part of the Chanhassen trail system. Nielsen told the Planning Commission that the Three Rivers Park District (TRPD) is going to build an overpass in the area where the LRT Trail intersects with County Road 19. The details on the overpass have not been finalized. Chair Geng noted the City has been awarded an $18,000 grant from Hennepin County to help pay for the construction of the County Road 19 trail segment. Director Nielsen added that it was a Hennepin County sidewalk grant. Director Nielsen reviewed options the TRPD is considering for the overpass ramps and their locations, noting that has not been finalized. He stated he will get the Planning Commission more information on the overpass. Chair Geng asked why the TRPD would not build a stairway for walkers. Commissioner Davis stated she thought the current LRT crossing is more dangerous for bicyclists than pedestrians. Director Nielsen stated he thought the island that was constructed at the intersection has helped with safety. He asked the Planning Commission if they have any additional comments about the Mill Street and Galpin Lake Road trail segments. Commissioner Davis asked Nielsen what he wants from the Commission, noting she did not think any of the Commissioners oppose the two segments. Nielsen responded that thoughts about the width would be helpful. Davis suggested building whatever can get built. Nielsen suggested the Commission make a better recommendation than that. Nielsen reiterated his recommendation that the Mill Street segment accommodate bicyclists and pedestrians and that means at least an eight-foot-wide trail. That is not necessarily essential for the Galpin Lake Road segment. Davis said the standard is eight feet wide and suggested that be adhered to when possible. Nielsen clarified there is no standard, and that the starting point is a six-foot-wide bituminous surface. Davis clarified in the industry the standard is an eight-foot-wide bituminous surface. CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 9 of 12 There was ensuring discussion about where the crossing for the Galpin Lake Road segment should be. Chair Geng stated he would like to see a survey of the proposed trail segment before the Planning Commission walks the areas. Commissioner Davis concurred with that. Commissioner Davis stated if Galpin Lake Road is going to have to be surveyed for roadway improvement work in the next few years she asked if the survey could be done ahead of time and then be used for the trail project. Chair Geng stated the timetable for roadway improvements may not mesh with the timetable for the trail project. Director Nielsen stated a survey won’t go bad, and supported suggesting the roadway survey work be done as soon as possible so the trail project can use it. Director Nielsen stated the surveyors will likely suggest the survey not be done until after the snow has melted. 3. 2013 WORK PROGRAM Nielsen reviewed his list of items in the 2013 Planning Commission work program and explained each one briefly. • Zoning Code Study / General Provisions – with the exception of elderly housing this is basically done • Noise Ordinance – because the draft ordinance was not done for this meeting it was pushed out to April • Update Trail Implementation Process – that will be presented to the Planning Commission in outline form for discussion during its April meeting. Because the Trail Implementation Plan is part of the City’s Comprehensive Plan, it may require a public hearing. If a hearing is required that would be held in May. • Smithtown Crossing – What is next? – discuss in May • Trail Plan / Galpin Lake Road Trail – start discussion in March. Based on the updated Trail Implementation Plan process the work program will be updated to reflect the steps in the process. • Trail Plan / Mill Street Trail – start discussion in March. Based on the updated Trail Implementation Plan process the work program will be updated to reflect the steps in the process. • Zoning Code Study / Zoning Permits – the public hearing was held in March and it will go before th Council during its March 25 meeting. • Zoning Code Study / Wind Generators – start in April • Zoning Code Study / Life Cycle Housing (elderly housing) – start the discussion in May. If there are changes recommended a public hearing would be scheduled for June or July. • Comprehensive Plan / Planning District 6 – starting in July revisit the study done a few years ago and refine the process to be followed • Annual Variance Discussion – September • Comprehensive Plan / Policies Relating to Variances and Nonconformities – start discussion in September • Zoning Code Study / Residential Districts – start discussion in July • Sustainability / Minnesota GreenStep – no timeframe Nielsen noted he will provide the Planning Commission with a copy of the revised work program. Nielsen asked the Planning Commissioners if there is anything they would like added to the work program at this time. CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 10 of 12 Commissioner Garelick asked if there is any type of joint meeting with other planning commissioners planned. Director Nielsen responded not specifically, but that topic did come up at the GTS (Government Training Service) training session hosted by the City of Greenwood earlier in the year for people in the South Lake area. Nielsen noted the City hosted a “park summit” for park representatives in the South Lake area last month. That went over well and there was consensus to do that on a quarterly basis. Nielsen stated he thought the training session is the best opportunity to interact with other planning representatives and council representatives in the South Lake area. Director Nielsen noted there are training opportunities for Planning Commissioners and that the City will pay for them to attend. He stated he will get that information to the two new Commissioners. Commissioner Muehlberg asked what the different options would be for Planning District 6. Director Nielsen explained that some of the odd zoning is on the south side of County Road 19 in the C-2 Commercial Service zoning district. The plan has been for that zoning to go away on the south side and to expand the existing R-C Residential Commercial zoning district where the South Lake Office Building is located. The R-C district would extend to the Garden Patch property. Nielsen then explained the properties on the north side of County Road 19 are different because they front Lake Minnetonka. The owners of those properties want to be able to do something with their properties that will capture the value of their properties. He noted the access to the properties crosses the LRT Trail. The property owners only have a license to do that; there is no permanent easement and the right-of-way doesn’t cross. He explained the Hennepin County Regional Rail Authority (HCRRA) could decide to make them stop using that access. If that were to happen the only way to get to the properties would be through the City of Excelsior along a small residential street. He stated nothing about those properties lend themselves to a high-intensity use there. Staff had suggested that on the Lake Minnetonka Dredging Company property it could maybe accommodate twelve twin-home or town-house units. The property owners were not supportive of lower intensity uses. The residents to the west of those properties did not want to see anything change and he thought that was because they did not understand things. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. OLD BUSINESS / NEW BUSINESS  Appoint Chair and Vice-Chair for 2013 Davis moved, Garelick seconded, recommending the appointment of Thomas Geng to the position of Planning Commission Chair for 2013. Motion passed 7/0. Geng moved, Muehlberg seconded, recommending the appointment of Sue Davis to the position of Planning Commission Vice-Chair for 2013. Motion passed 7/0.  Determine City Council Liaison Schedule for 2013 Chair Geng explained the Council Liaisons are selected to attend the two regular Council meetings in the month they are designated as the Liaison. The role is to observe what goes on during the meeting that may be of interest to the Planning Commission and to pass that along to the Commission during its next meeting. The Liaison also reports to Council on the Planning Commission’s most recent meeting. CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 11 of 12 Council Liaisons were selected as followed: March 2013 Commissioner Davis April 2013 Commissioner Geng May 2013 Commissioner Charbonnet June 2013 Commissioner Muehlberg July 2013 Commissioner Maddy August 2013 Commissioner Garelick September 2013 Commissioner Labadie There was Planning Commission consensus to continue to schedule the Commission meeting for the third Tuesday of the month if the first Tuesday of the month falls on a holiday or the day after a holiday. That th means the September meeting will be scheduled for September 17. Commissioner Charbonnet stated he read a newspaper article recently about private fire hydrants not being properly maintained. He asked if there are any private hydrants in Shorewood. Director Nielsen explained there are two of them out on the islands in Shorewood. Residents were assessed for the cost of doing that. When they tried to use one of them it failed. Chair Geng clarified those are dry hydrants and dry hydrants take water out of Lake Minnetonka. Nielsen stated it is hard to maintain the dry hydrants. Nielsen explained the Mound Fire Department [which provides fire service to the islands] supported installing the dry hydrants. He stated dry hydrants are not a great idea. He then stated the fire department doesn’t rely on lake water anymore; it has tanker trucks. He then stated there are no other private fire hydrants in the City. Charbonnet explained the gist of the article was property owners were not aware they are responsible for maintaining the hydrants. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated the next Planning Commission meeting is scheduled for April 2, 2013. During that meeting there will be discussion about a noise ordinance, the trail implementation process and wind generators. He then stated he would cook brats for the Commission prior to the meeting. Commissioner st Charbonnet stated his children will be on spring break the week of April 1 so he may be out of town for the next meeting. 7. REPORTS • Liaison to Council Chair Geng gave a brief report on the February 11, 2013, and the February 25, 2013, City Council meetings about items related to the Planning Commission (as detailed in the minutes for those meetings). • SLUC Director Nielsen stated the March 27, 2013, Sensible Land Use Coalition (SLUC) program is titled When Does Government Policy Trump Property Rights? It will be point/counterpoint debate of the tension between public interest and individual rights in the land use arena. He provided a little background on SLUC. He noted that the City will pay the fee for Planning Commissioners to attend SLUC programs. He stated he will probably have the City purchase the video recording of the program. He asked the Commissioners to let him know in the next day or two if they want to attend. Commissioner Davis stated she wants to attend. CITY OF SHOREWOOD PLANNING COMMISSION MEETING March 5, 2013 Page 12 of 12 • Other Commissioner Davis asked if any consideration is being given to addressing the wild turkey problem in the City that is growing by leaps and bounds in her neighborhood. Commissioner Maddy asked what the problem is with having turkeys around. Davis stated they leave a lot of feces around and they have picked pine trees in her neighborhood bald. Davis then stated when they breed this spring the problem will become that much worse. Director Nielsen stated that to date Council has not chosen to take that issue up. Davis asked if other communities are doing anything about it. Nielsen stated turkey complaints are down. Davis stated leptospirosis is quite common because of all the wild animal feces. She asked if a person could get that if they are in contact with turkey feces. She stated that would be the deciding factor because that is a cross-species disease. 8. ADJOURNMENT Garelick moved, Davis seconded, Adjourning the Planning Commission Meeting of March 5, 2013, at 9:15 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder