DEEPHAVEN CITY COUNCIL
MONDAY, SEPTEMBER 19, 2005
PAGE 1
1.
CALL TO ORDER: Mayor Pro Tem Skrede called the meeting to
order at 7:03 p.m.
Wheaton
STAFF: City Administrator Dana Young and
Police Chief Virgil Gustafson
ABSENT: Mayor Tom Anderson
2.
APPROVE CONSENT AGENDA
Motion
by Councilmember Wheaton to approve the consent agenda, which includes the
September 8, 2005 Council minutes, as amended.
Seconded by Councilmember Crockett.
Motion carried 4-0.
3.
MATTERS FROM THE FLOOR
Mayor
Pro Tem Skrede opened the Matters from the Floor portion of the meeting. Hans Larson, a member of the Deephaven Park
Committee, was present to provide an update on the September 7, 2005 Park Committee
meeting. He stated that the Park
Committee had been involved in planning Deephaven Days for most of the summer
and intends to begin planing next year’s event with the intention of keeping
Deephaven Days family oriented. He
stated that the Committee is considering the purchase of either a fiberglass or
concrete backboard at Village Hall tennis courts. Councilmember Wheaton added that the
Committee is also considering installing the backboard at the Thorpe tennis
courts. Mr. Larson stated that the Park
Committee has recommended repairing the Paddle Tennis Court for $2,960.00 and
resurfacing Shuck Park Court for $6,763.00.
He added that the Park Committee will be holding an Open House at the
Village Hall ice rink on December 17th at 11:00 a.m. and has begun
to consider items to be included in the 2006 Park Improvement Budget. Mayor Pro Tem Skrede thanked Hans Larson for
his report.
Brian
Crockett, 17900 Shavers Lake Road, was present to raise awareness of the Rake a
Thon Program to be held on Saturday, October 29th. He stated that the Rake a Thon has been
sponsored by Minnetonka Community Education Services for 18 years as an
activity to assist the elderly or disabled with the raking of their lawns. He stated that he is interested in getting the
word out about the need for volunteers and in having Deephaven sponsor a team
of volunteers to assist with this effort.
He stated that he has talked with the Mike Herbst with the Boy Scouts
about their possible involvement with this program. Further discussion was held on placing a
notice of the Rake a Thon Program in the upcoming newsletter and including Mr.
Crockett’s name and phone number for residents to contact if interested in
volunteering to help with the program.
4.
UNFINISHED BUSINESS
Administrator
Young provided a summary of the modifications in Ordinance No. 05-29 that
resulted from the City Council’s original review of the proposed ordinance on
August 15th. He stated that
the modifications included the removal of the following items from the newly
revised draft of the ordinance:
MONDAY, SEPTEMBER 19, 2005
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·
Permitting the consumption of alcoholic beverages on public property.
·
Continuous and substantial flow of waste water cast upon or permitted
to flow upon streets or other public property has been left as originally
written in the City Code.
·
All properties within the city are required to be properly maintained
in sound structural condition with a lawn consisting of grass or some other
maintained vegetation.
·
Unattended ladders that have been left up for an extended period of
time.
·
Excessive yard art is prohibited.
And
the redrafting of the following items:
·
The restrictions on maintenance equipment noise have been separated
from construction noise and have been placed under it’s own separate
subsection.
·
The outdoor storage of more than four vehicles has been redrafted using
language from the City of Minnetonka’s public nuisance ordinance.
Councilmember
Crockett recommended that the proposed ordinance include another section
concerning ground cover that she had found in the City of Minnetonka’s public
nuisance ordinance. She stated that this
section requires property that has been disturbed by construction, grading, or
other activity and is not seeded, sodded, or otherwise planted with a ground
cover within 240 days, unless the 240 days expires between November 1 and May
15, in which case the ground cover must be established by the following July
15, unless the city approves a time extension.
Discussion
was held on section (aa) of the proposed ordinance that prohibits the outdoor
storage in any residential district of tractors, semi trailer trucks,
recreational vehicles or commercial vehicles in excess of four tons per
axle. Administrator Young stated that
Police Chief Gustafson believed that this section would not be effective in
regulating the outdoor storage of recreational vehicles since these vehicles do
not typically exceed four tons per axle.
Councilmember Crockett stated that the weight restriction of four tons
per axle could simply be removed from the end of the sentence. Police Chief Gustafson suggested prohibiting
the parking of recreational vehicles anywhere but in the rear yard as an
alternative to section (aa). He stated
that this would, in most cases, effectively eliminate the parking of
recreational vehicles on private property because of the difficulty of parking
these vehicles in the rear yard.
Further
discussion was held on whether this section was necessary to safeguard the
public safety or if the standard was simply a matter of personal taste and
preference. At the conclusion of the
discussion, the Council requested that City staff revise the proposed ordinance
by including the City of Minnetonka’s ground cover provision and by providing
two separate versions of section (aa).
One version would prohibit the outdoor storage of all recreational
vehicles for a specified length of time and a second version would prohibit the
outdoor storage of recreational vehicles in the front or side yards.
Administrator
Dana Young stated that Minnesota State Statutes 412.581 requires the City of
Deephaven, as a statutory city operating under the Plan A form of government,
to appoint a city clerk/treasurer. He
stated that this position is now currently vacant with the resignation of Sandy
Langley last July.
MONDAY, SEPTEMBER 19, 2005
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Motion
by Councilmember Kask to adopt Resolution No. 39-05, Appointing Dana Young as
City Clerk/Treasurer. Seconded by
Councilmember Wheaton. Motion carried
4-0.
The
Council recommended holding a Town Hall meeting at the regularly scheduled Council
meeting to be held at 7:00 p.m. on October 17th. The discussion items would be somewhat
flexible, similar to Open Mike Night, and would include the proposed nuisance
ordinance, the proposed tower ordinance, utility upgrades to prevent power
outages and the Rake a Thon.
5.
NEW BUSINESS
A.
Request to Conduct a
Controlled Burn at 20155 Lakeview Avenue (Phil Rock)
Jim
Hovland, an attorney with the law firm of Krause & Rollins, stated that he
was present to represent Phil Rock and Kristen Gail with their request for an
open burning permit to conduct a controlled burn at their residence at 20155
Lakeview Avenue. He stated that Phil
Rock and Kristen Gail don’t intend to create a problem for the neighborhood but
are interested in providing a training event for the firefighters or the police
department, if appropriate. He stated
that if the City were agreeable to the idea, his clients would donate the house
as a charitable contribution to the city.
He said there are some IRS requirements that they would have to follow
such as having an appraisal on the property and any action on the property such
as the controlled burn would have to commence within a 60 day period. He added that the City would probably like to
have an environmental assessment on the house prior to the city’s acceptance of
the donation.
Councilmember
Crockett stated that she understands that the house is currently uninhabitable
due to mold problems and asked if the emissions from a controlled burn would be
safe? Jim Hovland stated that he thinks
it would be appropriate to have an environmental assessment done to verify the
impact of the mold. Mayor Pro Tem Skrede
stated that any decision to have it quality for a controlled burn would require
an assessment from the Fire Chief to determine whether it was a good property
to burn in light of the mold and other potential hazards. He added that the Chief would also have to
determine if the neighborhood was well laid out to handle a controlled burn or
if the streets were suitable to handle the required number of fire
vehicles. He stated that the Fire Chief
or his staff would need access to the property to make this determination. Kristen Gail stated that she had talked to some
members of the Fire Department and she was told that the controlled burn might
work at this location. Councilmember
Crockett stated that the first step was to get an expression of interest from
the Fire Department before the City Council makes a decision.
Councilmember
Wheaton asked if the donation meant a complete transfer of ownership of the
house and if the City would be responsible for the removal of the debris? Jim Hovland stated that they wouldn’t want to
sell the property but would deed the structure and the details on who would
remove the debris would have to be worked out in the event the fire department
wanted to burn the structure or use it for training purposes. Mayor Pro Tem Skrede stated that we would
need to check first with Chief DuCharme and also listen to the residents before
a decision is made. Councilmember
Crockett asked if there was anything the applicants had learned about burning
the mold versus demolition. Pro Tem
Skrede stated that the primary difference was that burning the structure and
offering it as a charitable gift would allow
MONDAY, SEPTEMBER 19, 2005
PAGE 4
for
a tax deduction. Jim Hovland stated that
he didn’t know the cost difference between burning the mold versus demolition
but felt it was a good question to ask.
Jane
Pederson, 4220 Water Street, stated that she is absolutely opposed to the
controlled burn. She stated that the
smoke will carry mold spoors and the density of the neighborhood will not allow
for a controlled burn. She stated that
she had experienced a fire in her neighborhood when she was a child and her
house was filled with smoke for months.
Jim Hovland stated that is the reason why he would provide an
environmental assessment for the City to review to assess the impact of the
mold.
Administrator
Young commented that he had received a phone call from Tim Sullivan, 4200 Water
Street, who expressed concern regarding the burning of mold and from Doug Berg,
4230 Jefferson, who objected to the request because of its unpleasant impact on
the neighborhood, the threat of toxic smoke and the lack of plans on what
happens to the structure once it is burned.
Councilmember
Kask stated that even if the Fire Chief approves the request, the request still
needs to be acted on by the City Council.
He stated that the request is before the City Council this evening and
asked if the City is required to act on this request within 60 days. Administrator Young stated that the Council
does not have to act within a 60 day period as required by state law for a
planning and zoning decision.
Mayor
Pro Tem Skrede requested that City staff contact the Fire Chief to determine
the department’s interest in conducting a controlled burn at this site, the
potential environmental impact from burning the structure, and who cleans up
the property after the burn and how soon.
He added that the request could return before the City Council at the
October 3rd council meeting.
Both Mayor Pro Tem Skrede and Councilmember Crockett asked that all
residents within 300 feet of the property be invited to attend the meeting if
the Fire Chief is agreeable to the request.
Administrator
Young provided a brief review of Ordinance No. 13-36, an ordinance that
proposes to regulate wireless communications towers. He stated that several meetings ago,
discussion was held on the need for the City to adopt standards regulating
wireless communications towers due to the 1996 Telecommunications Act which
grants federal jurisdiction over many aspects of telecommunications services. He stated that staff had contacted the League
of Minnesota Cities and the City Attorney for assistance in obtaining draft
copies of tower ordinances adopted by other cities and were particularly
impressed with an ordinance that had been adopted by the City of St.
Anthony. He stated that the most
significant element of the ordinance that is before the Council this evening is
that towers can only be constructed on city-owned property. He added that City staff is recommending that
the City Council review the proposed ordinance this evening for suggested
changes and modifications prior to the Planning Commission and City Attorney’s
review in October.
Administrator
Young stated that Section 1311.09 of the proposed ordinance on the regulation
of dish attennas has also been included but the City has never regulated the
placement of dish antennas in the past.
Councilmember Kask stated that he had highlighted this section and
stated that while the old style of 9’ or 12’ foot antennas may not be in style
anymore, he stated that it might not be a bad idea to keep this section in the
proposed ordinance in order to regulate this size antenna dish. He added that if we were
MONDAY, SEPTEMBER 19, 2005
PAGE 5
to
adopt this section, we should consider a more conservative size dish and
require a permit for any dish exceeding four feet.
Mayor
Pro Tem Skrede reminded the Council that the proposed ordinance was not up for
adoption this evening but City staff was looking for any additions or deletions
in the ordinance. Councilmember Kask
stated that he though that the ordinance was fairly complete except for the
height requirements. He asked Liz Van
Zomeren, who was in attendance representing Nextel in their interest to
construct a tower in Deephaven, if the height of the tower has to be higher
than the surrounding trees. She stated
that a 75’ height might be sufficient unless the selected site is at Site 12 or
Paddle Park where the height of trees might require a 100’ tower.
Mayor
Pro Tem Skrede stated that he felt Section 1311.09 on the regulation of dish
antennas should be taken out of the ordinance completely. He stated that he doesn’t want to regulate
the use of televisions and felt that any regulation should be over commercial
use not residential use. He asked Ms.
Zomeran if both Nextel and Sprint were looking together at a tower site due to
their recent merger. Ms. Zomeran stated
that only Nextel is pursuing a tower at this time and that Sprint might want to
collocate on Nextel’s tower in the future.
Councilmember
Crockett asked if Ms. Zomeran had any concerns with the proposed
ordinance. Ms. Zomeran stated that her
only concern is with a proposed height requirement and with certain landscaping
requirements. She asked the Council’s
permission to work with City staff on developing a mutually agreeable lease
between the City and Nextel. Mayor Pro
Tem Skrede stated that he felt the proposed lease payment of $1,200.00 per
month was too low and expressed concern that Nextel may not be able to provide
the necessary communications upgrade that will serve the police, fire and
public works departments. He added that
he doesn’t think it makes good sense to negotiate a lease agreement at the same
time as the City is working to develop an ordinance regulating towers. Councilmember Crockett added that the
development of the ordinance is the responsibility of the City although it
makes sense to use Ms. Zomeran as a sounding board on these issues. She stated that Nextel’s proposed lease would
no doubt favor them so she would prefer that the City develop its own lease
agreement that would be in favor of the city.
Councilmember
Crockett asked if the tower ordinance should require that towers be equipped
with a generator. Mayor Pro Tem Skrede
stated that this item would be more appropriate if it were included in the
lease agreement. Ms. Zomeran stated that
she didn’t think there would be an objection to requiring a generator in the
lease agreement.
Councilmember
Wheaton recommended using 100’ as the standard for the height of the tower and
to present that height standard to the Planning Commission for their
review. Councilmember Crockett
recommended including copies of the schematic drawings providing by Nextel to the
Planning Commission to help illustrate the size of the tower and related
equipment. She also asked City staff for
examples of more creatively designed monopoles.
Administrator
Young presented the 2006-2010 Five Year Projections for Council review.
MONDAY, SEPTEMBER 19, 2005
PAGE 6
6.
REPORTS FROM STANDING
COMMITTEES
Administrator
Young provided a summary of the September 7th Public Works Committee
meeting. He stated that the Committee
had met with Sylvan Stephanie, representing St. Therese Church, regarding the
condition of the sidewalk abutting the church.
He stated that the Committee recommended that the City crew remove the
sidewalk and hydroseed the site next spring and the Church would be responsible
for the ongoing mowing of the area. He
added that the City would meet with Church representatives at a later date to
discuss a drainage problem at the east entrance to the church.
He
reported that the Committee recommended the use of the traffic monitor and
reserve officers to help monitor the speeding of vehicles on Vine Street;
approved the striping of a centerline on a portion of Heathcote Road to help
control and slow down traffic; and recommended postponing a decision on the
purchase of a topographic survey information in the amount of 6,250 until
Schoell & Madson completes the stormwater drainage study as originally
proposed. He stated that the Committee
believed the survey information could be evaluated at a later date. He added that the Committee was currently
weighing three proposals on the installation of lift station control panels and
would be further evaluating these proposals at the October meeting.
Park
Committee member Hans Larson provided a review of the September 7th Park
Committee meeting under Matters from the Floor.
7.
ADJOURNMENT
Motion
to adjourn by Councilmember Crockett.
Seconded by Councilmember Wheaton.
Motion carried 4-0. The meeting
adjourned at 10:18 p.m.
Respectfully
submitted,
Dana
H. Young
City
Administrator