Call Meeting to Order

Chairman David Paulson called the meeting to order at 7:00 p.m.

Members Present

David Paulson, Pete Onstad, Oliver Arrett, Marc Anderson, John Gresens, Larry Parkhurst, Steve Pavek, Ed Towey, Council Liaison Keith Kask, Administrator Dana Young

Members Absent

Darel Gustafson

April 13, 2005 Minutes

The Committee approved the April 13, 2005 minutes on a motion by Marc Anderson, seconded by Ed Towey. Motion declared carried.

Minnetonka Yacht Club Lease Agreement

The Committee discussed the proposed Lease Agreement between the City of Deephaven and the Minnetonka Yacht Club for the lease of dock space off of Park Avenue. Skip Dickel, a former Commodore of the Yacht Club, was present to discuss the proposed Lease Agreement with the Committee. Michael Hobbs, a representative of the Yacht Club, was also present.

Skip Dickel stated that the main differences in the proposed lease versus the existing lease was due to the addition of Section 9. He stated that Section 9 was added in the event of a future reconfiguration of a new public dock, in which the Yacht Club proposed to contribute $10,000 towards the new dock in exchange for the following:

Non-exclusive access to and use of a transient watercraft storage location at the new docks for persons coming from and going to the Club’s island facilities,

Temporary landing and parking at the new docks for transportation of persons and reasonable supplies to and from the Club’s island facilities, and

Permanent mooring of no more than three boats no larger then 16 feet in length each.

David Paulson questioned the use of the word “temporary” in the phrase “temporary landing and parking”. He felt that the word temporary was somewhat open-ended and instead recommended that the language be changed to “pick up and drop off only”. Ed Towey questioned the need for a perpetual easement and recommended that Section 9 be shortened considerably by simply stating that the Yacht Club and City will enter into a good faith effort to enter into a new lease in the event of the future reconfiguration of the dock area. Further discussion was held on the $500,000 liability limit and that it should be increased to one or two million dollars.

The Committee recommended approval of the proposed lease agreement with the Minnetonka Yacht Club on a motion by Pete Onstad, seconded by Marc Anderson. Motion declared carried 8-0. Approval of the lease agreement would be subject to (1) modifications to Section 9 that incorporates a statement that the City has the right to terminate the lease in the event that there is a future reconfiguration of the dock area, the Yacht Club would be given consideration of three spaces for their tin boats, and replacing “temporary” landing and parking with “pick up and drop off”; and (2) increasing the liability limits from $500,000 to $2,000,000.

Legal Opinion on the use of Street Ends

The Boat Committee reviewed the legal opinion of City Attorney Jerry Gilligan regarding the use of street ends for recreational purposes. Dana Young stated that the attorney recommended a specific review of each original plat to check whether the dedication of street ends were restricted to a specific purpose or use. The attorney stated that if a street end was restricted to a specific purpose then the property could only be used for that purpose. However, if the street end was just dedicated to the public without any restriction, then the City should be able to devote it to any public use.

Dana Young stated that City Staff had obtained copies of the original plats from Hennepin County and that an examination of the plats did not show that any street ends, including Bay Street, were dedicated for a specific purpose other than for public or park purposes.

Dana Young stated that the City Council indicated that they would like to inform the neighbors surrounding Bay Street of the City’s plan to install 6 canoe racks in the Bay Street street end prior to the installation of the racks.

Long Range Plan on the use of Rollers

David Paulson gave a brief overview of the Council’s actions concerning the Boat Committee’s recommendation to require those individuals who have installed a winch on a slide to either remove the slide or purchase a roller by June 15, 2005. He stated that the Council was not clear on the how the rollers would be deployed, who would install and maintain the rollers, and who would own the rollers.

Ed Towey stated that winches are not desirable for two reasons. First, they are difficult to mow around for the public works crew. And second, the winches are damaging the slides. David Paulson stated that the other major benefit of the roller system is that they allow for the storage of larger boats, which might help defuse some of the demand for docks.

Further discussion was held on the need to eventually require rollers for every boat that reaches a certain size or weight and that the roller should be purchased, maintained and removed by the permit holder and not the City. Steve Pavek stated that he had heard that manufacturers of Boston Whalers would not honor their warranty if a roller system were used. Oliver Arrett and other Committee members stated that they don’t believe this to be the case. Marc Anderson stated that the City could charge a two-tiered rate for those that use a roller and for those that don’t.

It was the consensus of the Committee that the first phase of their long range plan on the use of rollers would be to recommend the replacement of winches that are currently installed on the slides with rollers and that the cost, maintenance and storage of the rollers should be the responsibility of the permit holder. The second phase would include the eventual installation of rollers for each boat that is of a certain size or weight and the development of a site plan that would establish specific locations for rollers and for regular slides.

The Committee recommended that all winches or other similar devices be removed from all City slides and that slide permit holders be offered the option of purchasing, maintaining and storing rollers from City approved vendors or be required to remove their winch by April 1, 2006 on a motion by Ed Towey, seconded by John Gresens. Motion declared carried 8-0.

Carson’s Bay Dock Plan

David Paulson summarized the Council’s discussion regarding the Carson’s Bay Dock Plan. He stated that the Council acknowledged that infrastructure improvements are needed and generally liked the plan with the exception that the Council was not favorable towards an increase in the number of proposed dock slips. He stated that the answer to the Council’s concern would be to move the boats occupying the 13 shore spaces from St. Louis Bay to Carson’s Bay. He stated that this would clean up St. Louis Bay considerably by removing these docks.

Pete Onstad asked Keith Kask whether the Council favored increasing the number of dock slips? Keith Kask stated that the LMCD has become much more proactive in terms of density and David Gross, the City’s LMCD representative, doesn’t think that the City would be able to receive permission to add additional boat storage units. Keith Kask added that he believes the Council would be more interested in seeing a transition from slides to dock slips rather than adding density. Keith Kask also asked if the Committee would be interested in changing the Committee’s regularly scheduled meeting date since it is held the same day as the regularly scheduled LMCD meetings? There was no consensus from the Committee on whether to reschedule the Committee meeting date.

Ed Towey stated that since the LMCD only permits a 4’ overhang for boats in dock slips, the new docks at Carson’s Bay could only accommodate boats that are a maximum of 28’ in length. Pete Onstad stated that there is not just a potential length problem but there is also a problem with the new docks accommodating the width of the boats that are currently using the shore spaces. Discussion was held on the length of the fingers in the proposed dock plan for Carson’s Bay and on the potential length of boats using the shore space. The Committee mentioned Jerry Laughlin’s boat and C. J. Ramstead’s boat as potentially being too long to fit in the new docks. Discussion was held on whether the Carson’s Bay plan can be presented without also providing a link to St. Louis Bay that would provide more clarity on the intent to relocate the shore space boats to Carson’s Bay.

Larry Parkhurst stated that any plan that is developed should show a reduction of slides in favor of an increase in slips. Ed Towey recommended presenting the Carson’s Bay plan and if the Council wants to switch the shore space boats from St. Louis Bay to Carson’s Bay they need to realize that at least two of these boats will not fit on the new Carson’s Bay docks because of their length.

Marc Anderson asked if the plan should be reviewed by the LMCD staff for their comments. Ed Towey stated that the LMCD staff will not usually give their recommendations on a proposal but rather tend to parrot how the proposal conforms to LMCD regulations.

John Gresens suggested that the Carson’s Bay Dock Plan should be presented before the Boat Committee in order to more fully flesh out the details of the plan. David Paulson agreed that this would help the Committee to craft their own message prior to presenting the plan at a public meeting. Ed Towey stated that the presentation would be much different in content if the intent is to prepare a presentation before the City Council or the LMCD. David Paulson stated that the purpose of the presentation would be to prepare for a Council presentation. Keith Kask stated that the Carson’s Bay plan would more likely be acceptable to the City Council if the plan were linked to a proportionate reduction in boat storage units in St. Louis Bay.

David Paulson asked is anyone would be willing to prepare a presentation before the Boat Committee at next months meeting. Ed Towey volunteered to make the presentation.

Other

The Committee reviewed a letter from Tom Brislin, 3675 Parkway, requesting permission to continue to use his canoe at slide #70 at St. Louis Bay for the remainder of the season due to a hip injury. Steve Pavek stated that he knows Tom Brislin and is aware of his hip problems and of Mr. Brislin’s intention to purchase a Boston Whaler later this season.

The Committee recommended that Tom Brislin, 3675 Parkway, be allowed to use his canoe on slide #70 at St. Louis Bay through the remainder of the season due to medical reasons on a motion by Steve Pavek, seconded by John Gresens. Motion declared carried 8-0.

Adjournment

Motion to adjourn by Ed Towey, seconded by David Paulson. Motion declared carried. The meeting adjourned at 9:05 p.m. The next meeting of the Boat Committee is scheduled for June 8, 2005.