August 17, 2015, Council Meeting

AUGUST 17, 2015 – 7:30 PM
Attendance: Tom and Marcia Mudhenk, Westonka Historical Society members.
1. CALL TO ORDER – Mayor Williamson called the meeting to order at 7:30 p.m.
2. ROLL CALL – Pavot, Hughes, Horton, Williamson. Bren excused.
3. INTRODUCTIONS – Williamson introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck, Planner Brixius, Commissioner Mason, Variance Applicant, Mark Willier (4018 Sunset Dr).
5. ADOPT AGENDA – Hughes makes a motion and Horton seconds to adopt the agenda. All votes ayes, motion carries.
6. ADOPT CONSENT AGENDA – Pavot makes a motion and Horton seconds to adopt the consent agenda. All votes ayes, motion carries.
a. City Council Regular Meeting Minutes from July 20, 2015
b. City Council Regular Meeting Minutes from August 3, 2015
c. Draft Planning Commission Meeting Minutes from August 12, 2015
d. Administration Committee Minutes from August 13, 2015
7. PUBLIC FORUM – No one.
a. Pam Meyers – Westonka Historical Society Update –
Williamson said this is an annual presentation. Meyers has a handout she passes to the council. Meyers said they’ve been busy and a book is being passed around in collaboration with Excelsior and Wayzata. She said it is an accurate, historic document. She said the WHS represents five cities and they collect history for those five cities. She said for example they received a writing desk from former Governor Horace Austin, the sixth Governor of MN. She said a wicker writing desk was received from the Hotel Del Otero. She said the furniture was rescued from the fire and donated to a family. They subsequently donated it to the Historical Society. Meyers said a molded display of the exact locations of the Indian Mounds on Halstead’s Bay is another gift received. Williamson said 30 years ago he was vice president of the Historical Society. He said they didn’t really have a home but did display things at the Mound Depot. Meyers said they are very grateful to the support received from Spring Park.
a. Resolution 15-14: Side Yard Variance 4018 Sunset Drive –
Williamson said this was recommended for approval by the Planning Commission for side yard variances at 4018 Sunset Drive. Brixius said the request is sideyard setbacks and details are in the packet. He said at the first Planning Commission there wasn’t enough data and they requested more detail. He said the design does comply with the 30 foot street setback. Brixius said an expansion can be allowed over the existing non conforming structure. He said this needs to be weighed on whether this is a reasonable request. He said there are similar homes in the area with the same constraints. Brixius said impervious surface is a concern. Therefore it was requested they get below the 40% lot coverage and anything over 30% required specific drainage plans. He said at the continued public hearing revised plans reviewed by the city engineer showed reduction in hard surface to 39% and a number of elements specific to drainage. Brixius said the PC asked the applicant to stagger the building's design to provide five foot setbacks on both sides in order to allow for windows. He said they were asked to identify driveway location, stormwater components and drainage. He said street elevations are higher than the garage and it’s been requested by the engineer to slope the garage floor to properly drain. Brixius said a pervious paver drive was proposed but it’s been questioned because of compaction over time. He said sidewalks along the side of the structure are wooden, slatted sidewalks. The proposed lakeside deck has to be revised as it doesn’t presently meet code. Brixius said specific building details were requested. Building height is allowable as proposed. Gutters and downspouts draining to the drainage swales are part of the plan and they cannot trespass on adjoin properties. The engineer has supplied a letter of design attesting to proper drainage. The City engineer reviewed this and asked for slatted sidewalks, all construction takes place on the property and the garage floor slope is addressed. Brixius said the Planning Commission made the finding that the variance was reasonable, consistent with the neighborhood, the expanded house will not overburden utilities, is consistent with the comprehensive plan, and the need for variance is due to the uniqueness of the lot. The PC recommended approval based on 7-15-15 plans and specifically with the 7-30-15 Gronberg report. Brixius said the PC also recommended a demo permit be applied for.

Williamson said this is a tough one. He said in so many cases in our community it’s redevelopment. He said there are different visions now. He believes the plan is well thought out. Williamson said notice was sent to surrounding property owners to respond to this proposal. He said his understanding is there have been no contrary comments. Brixius said a neighbor is concerned about the impervious surface numbers. Marcia Mudhenk, 4014 Sunset Drive is concerned about runoff affecting their garage. Mudhenk says she understands the information and that is their concern. Pavot is concerned about the downspouts trespassing. Brixius said the eaves look like they extend over the property line and they will have to be redesigned so there is no trespass.

Williamson said it looks to him there are problems. He thinks sometimes dreams need to be built somewhere else but the lake is an attraction and a desire for many. He said housing stock will hopefully be renewed over time and balance is necessary. He said it’s when and what character they are redeveloped. Williamson said he is also concerned about eaves encroaching into the setback area. He wonders how big an eave can be. He mentioned where space is a premium and wonders about a standard. Brixius said two feet into a setback is allowed but, in this case, two feet is too much. Williamson is concerned about emergency access. He wonders about a fire or a response and access around the structure is necessary. He is concerned that sometimes landscape items are planted or things are stored in the yard and now it makes it difficult for access to the other side of the house.

Brixius said the sidewalk is illustrated so it runs the length of the house, from the driveway. Hughes is concerned from a fire fighting standpoint and he wonders about dragging hoses around the side of the house and he thinks there should be a side door on the walkway side. He said he’s not sure what the building code allows. Willier said there is a side door but it’s not shown on the plan because the illustration of the fence blocks it. Hughes said he’s okay with that part of it then.

Brixius said this is not a final plan as it hasn’t been given to the architect yet. Pavot asks about impervious surface and she likes that it has been reduced. She wonders how the driveway surface will be decreased. Brixius said from the street to the house, right now, everything is paved. They are decreasing the hardcover by eliminating a lot of the paved areas. Brixius said in speaking with the applicant, there is flexibility at the mouth of the garage and the applicant is hoping for a flare in order to get a larger garage door. Williamson said the deck is not approved and needs alternate deck plans and he wonders if utilization of the 35% encroachment would be allowed bringing it to about a seven foot deck. Brixius said this can be done administratively as it’s allowed. Hughes said regarding the footings and the lake level being so close, he wonders about soil borings to address this. Willier said the construction will become a slab on grade with pylons. They will fill the existing crawl space.

Williamson there is a proposal with Resolution 15-14 for sideyard variance. Hughes moves approval of the resolution with the various conditions as outlined. Pavot seconds. All votes in favor and adopted unanimously.

a. Mayor and Council –
• Williamson has nothing.
• Pavot wanted to mention that she attended the live music at Lord Fletchers on a Thursday and Saturday and she found the volume to be reasonable although she did not have a decibel reader. Williamson wondered about after the live program ended because a complaint was received regarding amplified music coming from the deck area. Williamson said he’s received several videos with music from the complainant and he has difficulty hearing what the complainant describes as being overly loud. Hughes also said the music can come from a boat going by and not necessarily coming from Lord Fletchers. Williamson said the videos he’s received are coming from a stationary spot, not a boat. Williamson said there are standards that have been set to this legitimate business. His attitude is if there is a violation, the city needs to respond. His other concern is complaints might be coming from someone that just doesn’t like the music. Hughes wonders what the ordinance says regarding this type of thing. Pavot also notices a lot of foot traffic crossing Shoreline Drive from The Black Oar (4016 Shoreline Drive). She thinks crossers should be encouraged to use the crosswalk. Hughes said there are crosswalk pylons that could be utilized, especially at the Drive-In. Williamson believes heightening visibility and public education to discourage people from crossing in the wrong places. Horton said she lives in that area and her feeling or hope is there is a bus bench that is used by people on a daily basis. She thinks a crosswalk might be nice at that location for crossing and identification for crosswalk. Pavot agrees. Hughes said the city could approach the county for a formal crosswalk and wonders if the crossing pylons could be placed on the sidewalk and might not need county approval. Tolsma said when the business first started a new crosswalk was discussed and the county declined stating it was too close to the semaphore. Tolsma thinks the business has showed longevity as it’s their third summer so maybe it’s time to approach them again. Pavot said the waiver form from The Black Oar asks the designated crosswalk be observed. Tolsma said what he observes many times is the employees crossing in front of the business and not at the crosswalk.
b. City Administrator –
Tolsma said the retention pond fence is complete except for the gates. He said comments are it looks good and it’s a good safety precaution. West Arm Road East started on Friday with tree removal and now today road surface removal is complete. He said a lot of the trees and vegetation have been saved. Temporary water lines will be hooked up during the next few days. Hughes asked about the fence and thinks a sign might be needed – no trespassing or something to that effect. Tolsma said Goman is going to talk with the sign manufacturer. Horton wonders about the hydroseeding. Tolsma said hydroseeding was done except on the west end and some of it has taken but it didn’t take in other places. Tolsma said vegetation seems to be coming up daily though. He thinks a second round of hydroseeding will be necessary.
c. City Engineer - nothing.
d. City Attorney – Beck said the fee schedule amendment will be on the next council agenda.
e. Public Works Superintendent - nothing.
12. UPCOMING MEETINGS & TRAINING – Williamson said additionally on August 18 a special executive meeting 7:30 a.m., August 19, 5 p.m. a Lake Effect meeting for Wayzata and August 22, 9 a.m. and a LMCD lake tour our of Tonka Bay Marina focusing on Big Island.
a. August 19 – Fire Commission Budget Meeting – 10:30 AM
b. August 24 – Work Session Meeting – 7:00 PM
c. August 31 – Strategic Planning Session – 6:00 PM (Council Confirm Start Time)
d. September 8 (Tuesday) – Regular Council Meeting – 7:30 PM
a. Bills & Payroll – Tolsma said there were a lot of claims but a low dollar number. Hughes makes a motion and Pavot seconds to approve the bills and payroll. All votes ayes, motion carries.
15. MISCELLANEOUS (Information Only) -
a. Mound Fire Department Report
b. Mound Fire Department Press Release
c. Centerpoint Rate Adjustment Notice – Williamson said this almost is becoming an annual increase. Under MN law they can place an interim increase in effect and the process is reviewed and granted or denied.

Williamson mentions recycling pickup and containers and he wonders if it’s going to be looked into with the apartments. He wonders about discussing a plan for this and storm shelters identified.

16. ADJOURNMENT – Hughes makes a motion and Horton seconds to adjourn the meeting at 8:38 p.m. All votes ayes, motion carries.

Wendy Lewin, City Clerk
Dan Tolsma, City Administrator