10-14-2002 Council Packet - Laserfiche WebLink

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Lake Minnetonka Conservation District Regular Board Meeting August 28,2002 PageO guests or invitees of the property owner, 2) to limit the number of docks to four which would be one for each of his clients, 3) to release their property rights for multiple docks to four to resolve the dispute, and 4) to limit to the current ver^ of Code Smtion 2.02 of the LMCD Ordinance which limits the number of watercraft that may be stored at a dock structure. LeFevere asked Oietzen whom he was negotiating with. Dietzen stated that he was responding to comments from individual Board members, noting that his clients had a separate meeting with Babcock relating to potential easements. His clients would agree to execute a Settlement Agreement and a Restrictive Covenant under either of the ordinance amendments. If a conservation easement is more acceptable to the Board, his clients are acceptaule to consider it. He did not recommend that any portion of the ordinance adopted be changed, with the exception that subd. 4 should be added that would provide language for pre-existing rights for his clients. His dients would like the same rights that other property owners enjoy; however, his clients were willing to discuss this. He stated that he was unaware of any scientific study presented to the Board that substantiates the difference of external loading of phosphorous for an electric motor versus a gas motor. If the Board decides not to take action on an amendment that would address his clients concerns, he requested that they have an opportunity to meet with representatives of the Board to further address this issue. Mr. Adrian Herbst, The Bailer Herbst Law Group, stated that he represented Robert and Janice Halverson who are longstanding property owners on Six Mile Creek. His clients have 111 acres of property with 1,400' of shoreline. He stated that he was no; present to oppose any action the Board might take to address the four r/operty owners on Six Mile Creek. However, his clients would object to an ordinance that would entirely prohibit the uce of a motorized watercraft, noting that the current ordinance would allow for watercraft with electric motors. He commented on the concept of conservation easements and their applicability to his clients property. Amborse asked Herbst if his clients had historical use of Six Mile Creek in the past. Herbst stated that his clients have accessed Six Mile Creek in the past with both motorized and non-motorized watercraft, although they do not have a dock currently installed. Minnetrista Mayor Cheryl Fischer stated that she was at the previous Board meeting and that she \would like to see the District ordinances mirror the ordinances that may be adopted by the Minnetrista City Council. She stated that she understood the Board had spend a ‘Significant amount of time studying these issues; however, there are a number of conflicting parties interested in Six Mile Creek. Foster asked Mayor Fischer to have the City of Minnetrista staff forward agenda's, minutes, and packet information to keep the District infonned on city council discussions. Mr. Dan Kelly, legal counsel for Upland Farms, commented on the draft ordinance ameridment being discussed by the Board. The ordinance adopted was discussed for a number of months with a lot of thoughts discussed, adding it was a compromise. It takes into consideration environmental and property rights concerns, noting that he believed moving the point of demarcation was not consistent previous policy discussions. He believed that the balance of environmental and property rights would be a problem with the proposed ordinance amendment because non-motorized watercraft would be prohibit^ upstream from the new point of demarcation. He recommended that the Board not consider the proposed ordinance amendment. Mr. Greg Smith, 4000 Gamefann Road, stated that he had recently met with Babcock to discuss the concept of conservation easements. He believed that the proposal to limit the number of docks to four was a valuable