Deephaven City Hall

Monday, August 15, 2005

7:00 PM

1. CALL TO ORDER: Mayor Anderson called the meeting to order at 7:00p.m.

PRESENT: Mayor Tom Anderson, Councilmembers Kim Crockett, Keith Kask, Paul Skrede and John Wheaton

STAFF: Police Chief Virgil Gustafson and Zoning Coordinator Gus Karpas

ABSENT: City Administrator Dana Young

2. APPROVE CONSENT AGENDA

Motion by Councilmember Crockett to approve the consent agenda, which consists of the minutes of August 1, 2005. Councilmember Kask seconded. Motion carried 5-0.

3. MATTERS FROM THE FLOOR

Mayor Anderson opened the Matters from the Floor portion of the meeting.

Pat Paul, 19100 Highland Avenue, expressed concern about a cat problem around her house. She said that on many occasions there are multiple groups of cats fighting on her property and they are chasing birds away from the feeders her and her husband have placed in the yard. She would like the City Council to consider the idea of adopting an ordinance to regulate cats. She distributed an ordinance for the City of Edina. She thanked the Council for their attention.

John Flynn, Deephaven Park Committee, discussed the success of Deephaven Days. He thanked all the volunteers and told the Council they had about ninety participants in the triathlon and three hundred and sixty-seven that ate lunch in Thorpe Park.

Mr. Flynn discussed the progress on the Thorpe Park improvements. He said the basketball court has been removed and the area will be seeded. The tennis courts have been removed and the city is taking bids on resurfacing them. He said the Park Committee discussed the idea of moving the trail within the park to open up the area.

He said the Committee also discussed and recommended that the areas around Sandy and Rocky Beaches be made permit parking for a distance of five hundred feet.

Councilmember Wheaton thanked numerous volunteers and organizations, by name, for their help in making Deephaven Days a success. He said he has only received positive feedback from the residents on the event. He said all the volunteers and Park Committee members put a lot of effort in making the day a success. He also thanked Daryl and Cindy Gustafson for coming up with the idea and their work to make it a reality. Mayor Anderson said the community should be proud of what they’ve done in starting a new tradition. He has heard nothing but good things about the event and believes it will become bigger and better as the years pass. He said the leadership of the Park Committee was outstanding.

Chris Struble, 3658 Therese Street, addressed the Council about reinstatement onto the boat dock waiting list. He said that he and his wife have faithfully sent in their annual registration card for the last fifteen years. He said he got confused with the changes last year between a dock and shore space and the allowable boat lengths for each. He said he errantly signed up for a dock believing it fit the larger boat. He is asking to be re-instated onto the dock list.

Councilmember Kask said the Boat Commission discussed Mr. Struble’s request and length and decided to recommend denial of his request. Councilmember Wheaton asked what the rationale was behind the decision. Kask said there have been discussion about re-configuring the city’s docks, which would eliminate the shore spaces.

Mayor Anderson said there is an appeals process in place that ended in April. He feels that the Council shouldn’t be taking appeals outside the delineated process. He said he was surprised the Boat Committee even considered the request. Mr. Struble feels there are extenuating circumstances which warrant review outside the appeals process confines.

Councilmember Crockett agreed with Mayor Anderson in that there is a process in place that should be followed and that appeals taken outside the parameters will lead to chaos. She considers the matter closed. Mr. Struble said he doesn’t feel it’s fair for him to lose fifteen years on the waiting list and had hoped the Council could see the individual nature of the request. He said the city has granted leniency in the past.

Mayor Anderson said the rules are simple and doesn’t support pushing people further back on the list who have followed the process and done nothing wrong.

David Grosse, LMCD Representative, said the LMCD has come out in support of operator licenses for boats at the State level and has begun to lobby the legislature. He said the process will take about ten years. He suggests that the city copy a program done by some commercial marinas that give rate discounts for those who show completion of a boat safety course. He said the city can eventually make it a requirement for any person leasing a space from the City of Deephaven. He said there are courses available on the internet which are reasonably priced.

Mayor Anderson said he likes the aggressive approach taken by the LMCD.

Councilmember Skrede read into the record a letter from an anonymous source praising Deephaven Days. He felt the letter should be put on official letterhead and a copy given to Daryl and Cindy Gustafson as a thanks for all their hard work.

Hearing no further comment, the Matters from the Floor portion of the meeting was closed.

4. PUBLIC HEARINGS

REVENUE BOND – WALKER MINNETONKA ASSISTED LIVING SUITES, LLC –Request for the City of Deephaven to issue revenue bonds in order to finance a portion of the costs of the purchase and rehabilitation of an assisted living facility located at 14505 Minnetonka Boulevard, Minnetonka.

Mayor Anderson gave an overview of the request explaining that the city is permitted to allocate funds to private entities for uses meeting the public good. He said that in return the city receives an up front cash payment and monthly payments for the term of the bond.

Mayor Anderson opened the request to public comment. Hearing no comment, the public hearing was closed.

Denny O’Donnelly, Vice President of Walker Methodist, explained that the city’s contribution would be used for a seventy-eight unit assisted living facility located in Minnetonka. He said his company has managed the facility since December, but that the company has been in existence since 1947 as a non-profit agency. They have a number of facilities throughout the metropolitan area.

Councilmember Crockett commented that a similar request came before the Council, prior to the election of Councilmembers Kask and Wheaton, which fell through. She explained the original concern centered on the city’s potential liability in funding such projects. The city would not have any liability whatsoever.

Jennifer Hanson, ________________, said Councilmember Crockett is correct that no liability is bore by the City of Deephaven in funding such projects.

Councilmember Kask asked about tying up monies that may be needed for unforeseen projects. Mayor Anderson said the city is permitted to use up to ten million dollars a year for such projects. Councilmember Skrede added that using these funds does not affect the city’s allowable debt. The city will still be able to issue general liability bonds.

5. UNFINISHED BUSINESS

A. Authoring Preliminary approval on the Sale of Revenue Bonds

Councilmember Crockett moved to give preliminary approval the use of revenue bonds to purchase and or rehabilitate property at 14505 Minnetonka Boulevard managed by Walker Minnetonka Assisted Living Suites, LLC. She noted that the approval is preliminary since the proposal does not outline the final details on the city’s economic impact and that final approval will not be given until the final financial numbers have been agreed upon. Councilmember Skrede seconded the motion. The motion carried 5-0. Resolution 28-05 was adopted.

B. Discuss lakeyard setback standards

Zoning Coordinator Karpas gave an overview of the issue and told the Council that their packets contained surveys of the properties along the back bay which show the required front, side and lake yard setback as they currently exist. He noted that additional lines were drawn to show a fifty foot and seventy-five foot lake yard setback. He referenced an attached table showing the improvement on compliance as the lake yard setback was reduced.

Mayor Anderson said there would be a fifty percent improvement on non-compliance if the setback was reduced to fifty feet. Councilmember Skrede commented that there would still be issues. Mayor Anderson said the frequency of variance requests would be reduced.

Mayor Anderson said the main issue is the cattail situation along the back bay, which distinguishes the lakeshore from other lakeshore in the city. A change in the ordinance would recognize this difference and allow those property owners the ability to use more of their property. Councilmember Crockett agreed commenting that the standard would only be changed due to the unique situation along the back bay. She feels by reducing the lake setback, the homes would also be moved further from the road as the properties are redeveloped.

Councilmember Wheaton agrees that moving the homes back would help public safety, but is concerned about consistency. He said he is seeking a rationale for doing the proposed change. Mayor Anderson said the unique characteristics of the lots justify a change in the ordinance.

Councilmember Skrede asked the Council how they would like to proceed with the change, would they like to create a new district or add footnotes to the ordinance. Commissioner Kask said he was not eager to move from established setbacks but was willing to apply the seventy-five foot setback for other lakes in the city to these properties. He’s not supportive of creating a new zoning district for only these properties.

Councilmember Crockett agreed that a seventy-five foot setback would be more appropriate for the area. Councilmember Skrede said that regardless of a change in the lake setback, there will still be issues with the front yard setback. He feels changing the lake setback has nothing to do with public safety.

Mayor Anderson senses the Council is supportive of a change and suggested having the Planning Commission discuss the issue and recommend a setback to the Council. Councilmembers agreed.

C. Present Ordinance No. 05-29, Amending Section 535, entitled Public Nuisances

Councilmembers Crockett and Wheaton discussed proposed changes in Section 535. Mayor Anderson said he had no problems with grammatical changes but did have other concerns. He noted the change in the public consumption of alcohol from the last meeting. Councilmember Crockett said she now understands the issues involved with the Police enforcing public intoxication and felt it would be difficult to control.

Councilmember Kask commented that there was clarification needed in Section 535.04(y) on what blowers meant, saying there is a difference between a leaf blower and snow blower. He also raised a question about the term recreational vehicle in Section 535.04(aa). Councilmember Crockett said the intent was to prohibit the collecting of antique semis and other such items. It was meant to clean up properties and limit parking of seasonal vehicles. Councilmember Wheaton said he was supportive of the intent.

Councilmember Kask agrees that commercial vehicles shouldn’t be stored on residential property but disagrees on prohibiting recreational vehicles. He commented that Deephaven was not the first city to struggle with the RV issue.

Councilmember Crockett said RVs could be stored elsewhere. Councilmember Skrede asked for clarification if the ordinance would apply to those RVs being used as living quarters or were in a state of disrepair. Crockett said the ordinance would eliminate storage of any RV.

Mayor Anderson commented that some of the RVs today are as large as some of the homes in the city. He feels there should be a time limit attached to the ordinance to permit temporary on-site storage to accommodate those who may have out of town guests. Councilmember Wheaton agreed, and said the intent was to prohibit those vehicles that are not being used for their intended use.

Mayor Anderson suggested that subdivision (aa) be reworded and brought back before the Council.

Mayor Anderson expressed concerned about limiting the number of vehicles a family can own to four as outlined in Section 535.04(bb). He said there are many cases in which there are more than four licensed drivers in a household. Councilmember Crockett said the intent was to limit outdoor storage. Mayor Anderson felt there needs to be a delineation between vehicles in use and those, which are collectibles. He said there could be a restriction on the number of collector vehicles, but doesn’t feel you can deny a family member a vehicle.

Councilmember Crockett agrees that limiting the number of collector vehicles is a good idea. Councilmember Wheaton discussed a situation in Deephaven where the property owner has fourteen vehicles on their property. Councilmember Skrede suggested a restriction on parking by limiting it to the paved parking area on the property.

Councilmembers discussed others changes including maintenance of private property, the placement of ladders and yard art.

Councilmember Crockett said another concern address by the proposed changes was that of erosion which could be alleviated by requiring vegetative covering on all properties. Mayor Anderson asked about alternate landscaping. Councilmember Skrede feels the proposed ordinance is too vague and broad.

Councilmember Crockett pointed out that a number of people don’t take care of their property as they should and can cause potential damage to adjacent properties. Mayor Anderson said that is typically addressed through neighbor complaints. Crockett agreed that there is a problem with enforcement and the ordinance will give staff the necessary authority to address problems. Councilmember Wheaton believes the ordinance language should be tied into public health and safety.

Councilmember Skrede said he is opposed to ordinance language that is only threatening in nature. He wants to ensure language is enforceable.

Councilmember Crockett would also like to add the issues of cat control and smoking to the nuisance ordinance. She said she and Councilmember Wheaton will bring new language back to the Council for their review.

D. Update Thorpe Park Basketball Project

It was noted this item was discussed during the Park Committee report given by Mr. Flynn.

E. Approve Revised Stormwater/Drainage Study

Councilmember Skrede explained that the request was actually for funds to purchase topographic maps of the city and was mislabeled on the agenda. He said he would like authorization to purchase two foot interval topographical maps at a cost of three thousand two hundred and fifty dollars. He said the maps would provide useful information as the city addresses its drainage issues.

Councilmember Kask asked if the information would be given on parcel level. Skrede said it would. Kask feels the maps would benefit multiple departments of the city and supports the requested monies.

Councilmember Crockett moved to authorize the use of three thousand two hundred and fifty dollars to be used to purchase topographic maps. Councilmember Kask seconded the motion. The motion carried 5-0.

6. NEW BUSINESS

A. Approve Resolution No. 29-05, Establishing Permit Parking within 500’ of Sandy and Rocky Beach

Councilmember Wheaton discussed concerns he has heard about parking issues around Sandy and Rocky Beaches. He said it is becoming increasingly difficult for residents to find parking close to the beaches due to congestion caused by non-permit holders. He said the Park Committee has discussed the issue and recommended the Council approved the requested no parking area.

Mayor Anderson commented that there would be unintended consequences to the neighborhood such as visitors to private residences not being allowed to park on the street without a permit.

Councilmember Wheaton asked about the placement of signs and if the request could be handled with a limited amount of sign pollution. He asked if such signs could be placed on existing signs or mailboxes. Chief Gustafson said the signs would have to be free standing.

Mayor Anderson suggested that the neighborhood submit a petition requesting the area to be permit parking only since he’s not convinced they understand the consequences of the request.

Councilmember Crockett made a motion to table the request to create five hundred foot permit parking areas around Sandy and Rocky Beaches until the neighborhood submits a petition for such a restriction. Mayor Anderson seconded the motion. The motion carried 5-0.

B. Adopt Resolution No. 30-05, Establishing No Parking on Northome Boulevard

Mayor Anderson briefed the Council on the request saying there is a public safety hazard created by allowing parking along Northome Boulevard, near the Robinson’s Bay Road intersection. Chief Gustafson confirmed there is a safety issue and that a no parking area fifty feet from the intersection would clear up the sight lines.

Councilmember Crockett made a motion to create a no parking area along Northome Boulevard extending fifty feet east from the Robinson’s Bay Road intersection. Councilmember Wheaton seconded the motion. The motion carried 5-0. Resolution 30-05 was adopted.

C. Authorize Purchase and Repayment of New Glock’s and Accessories

Chief Gustafson informed the Council that the required handgun carried by the city’s police officers has changed and he is requesting the Council approve the purchase of eight handguns to come into compliance with the new policy. He said the handguns would then be purchased from the city by the officers in installments equaling fifty-two pay periods, or in two years. He said this was done when the current weapons were purchased in 1995. He said in the case where an officer leaves prior to final payment; the balance is taken from their severance pay.

Mayor Anderson asked if the officers were required to own their own handgun or if they could be owned by the city and provided to the officers during their employment. Chief Gustafson said they were not required to purchase their own handguns, but this process allows them to personalize their weapons as they see fit and pay it off over a period of time.

Councilmember Crockett asked if it was the preference of the officers to own their weapon. Chief Gustafson said that private ownership typically leads to better maintenance since it is the officer’s private property.

Councilmember Wheaton asked why the city could not own the weapons and require a maintenance program to keep them in working condition. Chief Gustafson said the Council could do that and require weekly inspections.

Councilmember Kask made a motion to authorize four thousand, four hundred and six dollars and forty-nine cents for the purchase of the firearms outlined in Chief Gustafson’s memo to the Council. He said the approval is conditioned that the firearms are to be purchased by the officers in a deduction from their paychecks for fifty-two pay periods and the balance shall be paid in full if an officer is to leave the force prior to full payment. Councilmember Skrede seconded the motion for discussion.

Councilmember Skrede asked the Chief to address the concerns of Councilmember Wheaton. Councilmember Wheaton clarified that he believed it would be a cleaner policy if the city were to own the weapons outright and require a maintenance program. Chief Gustafson agreed, but the officers would lose the ability to personalize their weapons.

Mayor Anderson called the question. The motion carried 4-1. Councilmember Wheaton voted nay.

D. Adopt Resolution No. 31-05, Approving 2006 Contract for Services with the City of Woodland

Mayor Anderson gave a brief synopsis of the proposed 2006 Contract for Services with the City of Woodland.

Councilmember Crockett made a motion to approve the proposed Contract for Services contingent on the hiring of Shelley Souers to serve as the Clerk for the City of Woodland. Councilmember Skrede asked to amend the motion to include the provision that the monthly fee for Clerk services is reduced, retroactive from August 16^th to reflect the difference in salary between Sandra Langley and Shelley Souers. Councilmember Crockett accepted the amendment. Councilmember Kask seconded the amended motion. The motion carried 5-0. Resolution 31-05 was adopted.

E. Hire Shelley Souers for the Position of Woodland City Clerk

Councilmember Crockett made a motion to approve the hiring of Shelley Souers to serve as the Woodland City Clerk at a rate of twenty dollars and twenty-one cents an hour, not to exceed twenty-four hours a week. Councilmember Wheaton seconded the motion. The motion carried 5-0.

7. REPORTS FROM BOARDS, COMMITTEES AND DEPARTMENTS

A. Public Works Committee

Councilmember Skrede said the city has been contacted about placing a “Children at Play” sign at 19680 Vine Street. He said this will be discussed at the next Public Works Committee meeting.

He said the city conducted a simulated OSHA inspection and did pretty well. There were few violations dealing with the handling and storage of hazardous material.

Mayor Anderson commented that the seal-coating project went smoothly.

Councilmember Skrede concluded saying that representatives from Deephaven will be touring lift stations in a metro community to look at their panels. He said the city in question currently has five different types of panels in use. The tour will serve to help determine what type of panels would be most useful for the City of Deephaven as it approaches the repairs of its lift stations.

B. Park Committee

It was noted that the Park Committee report was given by Mr. Flynn at the beginning of the meeting.

C. Boat Committee

Councilmember Kask commented that the main issues discussed have already been touched on throughout the meeting. He said the Committee is looking to hold a special session to discuss the comprehensive plan for St. Louis and Carson’s Bays.

ADJOURNMENT

Motion by Skrede to adjourn the meeting. Councilmember Crockett seconded. The motion carried 5-0. The meeting adjourned at 9:35 p.m.

Respectively submitted,

Gus Karpas

Zoning Coordinator