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1996-02-20MINUTES - COMMITTEE OF THE WHOLE MEETING - FEBRUARY 20, 1996 The meeting was called to order at 7:30 PM. Members present: Mayor Polston, Coun¢ilmember Jensen and Ahrens. Absent and excused: Coun¢ilmember Hanus and Jessen. Also present: City Manager Ed Shulde, Parks Director Jim Fackler, Members of the Commons Task Force: Mark Goldberg, Rita Pederson, Gordy Tulberg, Frank Ahrens and Rodrigo Plaza. Other interested citizens present: Donald Swenson, Gerry Swenson, LeeAnn Pederson, Kay P. Peterson, Joy¢¢ Dupay, James Dahl and John and Mich¢ll¢ Olson. COMMONS TASK FORCE DISCUSSION A discussion with the Commons Task Force was held regarding the Task Force's recommendations. Mark Goldberg, Commons Task Force Chair, took the Council through the Task Force Recommendations. The following comments were made in relationship to each recommendation: 1. RECOMMENDATION - Maintain the total number of boats participating in the program. Keep non-abutter boats within walking distance of their homes. CONSENSUS - The Council felt that this was a reasonable recommendation and anticipated no real debate. 2. RECOMMENDATION - Attempt to reduce the number of dock sites in front of some abutters homes, recognize that some commons have more problems than others due to topography and/or tight quarters. a. Encourage increased share dock usage. b. Explore creating small multiple dock complexes (about six boats) at neighborhood locations within walking distance. c. Explore creating multiple boat dock complexes, where possible, at public park locations (such as Mound Bay Park) without infringing on existing usage. CONSENSUS The Council consensus was that they were, in concept, okay with this recommendation. They did, however, feel that they were some distance away from resolving this issue and need to focus further study on the recommendation. 3. RECOMMENDATION - Existin~ encroaching structures Governing encroaching structures more stringently than the Shoreland Management Ordinance is justified only where non-abutting users are hindered by an encroachments existence. The non-abutting survey results indicate that overall they do not have a problem with commons encroachments. The flow-chart should be amended and the ordinance amended according to the flow-chart to increase the number of years for which a permit is valid from "three years" to "for the life of the structure." Encroachments should be regulated by the Shoreland Management Ordinance, the same as structures on private property. The ownership/responsibility of these encroachments may need to be clarified by the city attorney. There appeared to be some differences in opinion on the Council related to this recommendation. Concern was expressed with regard to allowing structures and therefore the perception is that the City Council would be condoning the existence 91 Minutes - Committee of the Whole - February 20, 1996 Page 2 of structures. The recommendation did not receive any consensus. With regard to the flow- chart it was suggested that any amendments to the flow-chart should be delayed. 4. RECOMMENDATION - The topography of some commons areas cause significant backyard privacy and visual impact problems. Large boats (e.g. cabin cruisers), boat canopies, and winter storage needs to be limited in those areas. It was suggested that a commons area be selected for focusing on these particular issues. 5. RECOMMENDATION - Explore establishing neighborhood associations or committees to work out problems specific to their commons. It was suggested that the Devon Common area be used as a pilot area or test area to try out neighborhood association meetings. 6. RECOMMENDATION - Direct the Task Force to work with City Staff to make implementation recommendations for specific commons areas with problems. This relates to item/t5. 7. RECOMMENDATION - Communicate with the public to increase understanding and give opportunity for additional dialogue. The City Council was in agreement that as much information be published about the commons issues via open forums, Laker articles or the City Newsletter. It was suggested that the Task Force conduct three neighborhood meetings in the Devon area for discussing the 'Commons Task Force recommendations. The City Council requested that the Task Force meet once again prior to March 15th, so that a time table could be established and the City Council could be advised as to expect further recommendations from the Commons Task Force. Questions were asked from members of the audience with relationship to the Waterbank Common area and the storage of boat canopies and dock material, as well as fishing rights for non-residents and fishing rights of other members of the public. Mayor Polston requested that the city council ask the city attorney for a legal opinion on whether the City can establish rules and regulations to limit the use of the commons, i.e., fishing restrictions on commons areas, etc. The City Manager will follow up on this request. PLANTING POLICIES ON COMMONS The City Manager reported that the Park and Open Space Commission had asked the City Council previously to review guidelines for planting on commons and public lands. The matter had been put on hold subject to the Task Force developing recommendations on commons and commons uses. The Council indicated that the Park and Open Space Commission will be advised at a later date once the Task Force has completed their study of the commons system. 92 Minutes - Committee of the Whole - February 20, 1996 Page 3 NEXT MEETING It was noted that the next meeting of the Committee of the Whole was scheduled for Tuesday, March 19, 1996, 7:30, Mound City Hall. Upon motion by Polston, seconded by Ahrens, and carried unanimously the meeting was adjourned at 9:05 PM. City Manager 93