DEEPHAVEN PLANNING COMMISSION

TUESDAY JULY 19, 2005

7:00 P.M.

Page 1

CALL TO ORDER: Chairman Dyb called the meeting to order at 7:00 p.m.

PRESENT: Chairman Dan Dyb, Commissioners Joan Budd, Kent Carlson, Walter Linder, Jeff McKinney, Warren Nelson and Bob Werneiwski

ABSENT: None

OTHERS PRESENT: Council Liaison Kim Crockett and Zoning Coordinator Gus Karpas

MINUTES OF June 21, 2005

Motion by Commissioner Carlson, second by Commissioner Dyb, to approve the minutes of June 21, 2005 as presented. Motion carried 6-0. Commissioner Nelson abstained.

No one was present to represent the request for the Showcase Event Permit, so the Commission moved to the next item on the agenda.

ORDINANCE AMENDMENT – Recommendation to the City Council on an ordinance amendment Section 1310.08 of the Zoning Ordinance, creating language requiring fences around swimming pools.

Zoning Coordinator Karpas gave an overview of the proposed ordinance. He explained the proposed ordinance would require a fence around all new swimming pools within the city. He said most cities already have such a requirement.

Chairman Dyb opened the public hearing.

Patty Kregness, 19000 Rutledge Road, said that she currently has a pool and is not supportive of the request. She questioned the reasoning behind the ordinance. She wanted clarification on whether it was for security or insurance purposes.

Chris Kregness, 19000 Rutledge Road, said his insurance agent said the mere presence of a pool on a property does not negatively impact private insurance rates. He was told that rates are only affected when there is a slide or diving board associated with the pool. He said fences don’t prevent someone from entering a pool area. He said fences haven’t been required in the past and believes they would take away from Deephaven’s image of a lake community.

Commissioner Budd asked what the ordinance would require and questioned whether a property with a fenced yard would be required to place another fence around the pool. Zoning Coordinator Karpas said it would.

Mr. Kregness commented that there would be a lot of issues if the city were to adopt such an ordinance and then try to make it retroactive. He feels that if an ordinance is adopted, a property owner should be given a choice between a fence and a lockable pool cover like he has. This would be more pleasing aesthetically.

Hearing no further public comment, Chairman Dyb closed the public hearing and asked for Commissioner comments.

Zoning Coordinator Karpas said there may be some additional work needed on the ordinance and that he could do some research on what other cities have and try to draft an ordinance which clarifies some of the issues discussed.

Chairman Dyb agreed and said he would like to hear what other Commissioners thought should be researched.

Commissioner McKinney felt that if the city were to permit pool covers that homeowners not be tied to one brand or the other. As for the need for fencing or a cover, he’s not sure it’s needed since the city has had no issues in the past.

Commissioner Budd agreed that homeowner’s should be given a choice between a cover and a fence if an ordinance were to be adopted. She would like to see some clarification on what types of fences would be suitable.

Commissioner Carlson would like to see examples from other cities. He said he’s not a big fan of fences but understands the need for safety.

Commissioner Nelson also likes the option of a fence or a pool cover. He feels it may be necessary and that safety is an important issue.

Chairman Dyb would like a member of the Public Works Commission to attend the meeting the next time this issue is on the agenda. He would like to get an idea on what the rational was for the proposed ordinance.

Commissioner Linder would like an idea of the number of existing pools, which would theoretically be excluded from compliance.

Commissioner Werneiwski agreed with the comments of the other Commissioners. He doesn’t understand what the ordinance is trying to prevent at this time, which has existed previously. He would like to see how other cities handle pool fencing.

Staff was directed to place another public hearing notice in the paper the next time this item would be in front of the Commission.

No action was taken on the ordinance.

SHOWCASE EVENT PERMIT: Flynn Construction, 18725 Minnetonka Boulevard, (R-2, 40,000) request to participate in the Remodeler’s Showcase to be held on the weekend of October 14-16.

Pamela Vazquez, Sela Architects, presented the request. She explained that the Remodeler’s Showcase was similar to the Parade of Homes, but on a smaller scale. She doesn’t expect a big turnout for their project.

Chairman Dyb opened the public hearing. Hearing no public comment the hearing was closed.

Commissioner Dyb asked how the event was advertised. Ms. Vazquez said through a book similar to the Parade book.

Zoning Coordinator Karpas clarified the requirements of the ordinance and that the applicant has met the requirements, including discussing parking with the Police Chief and providing liability insurance coverage for the city.

Commission Werneiwski said he saw no issues with the request.

Commission Linder asked why the city parking lot was chosen. Ms. Vazquez said they did not want parking to affect the property and the surrounding neighborhood. She said that there would be no signage in front of the house identifying it as the showcase site.

Commissioner Werneiwski said the submitted material showed a sign in front of the house. Ms. Vazquez said it was decided later not to place one.

Chairman Dyb said he was supportive of the request and commented that the Commission worked on the showcase ordinance, at the request of the residents, to ensure there is little disruption of the enjoyment of their property. He believes the parking should be placed at the city hall lot as required by staff.

Commissioner Nelson agreed with the comments of the other Commissioners.

Commissioner Carlson said he was supportive of the request and asked if there has been any thought to a back-up plan for traffic if their showcase is more popular than thought. Ms. Vazquez said there is no plan in place and they intend to adjust based on the previous day’s attendance.

Commissioner Budd asked about the shuttle service schedule. Ms. Vazquez said the shuttle would run on a continuous loop. Budd said she was supportive of the request, provided there was no signage in front of the home.

Budd expressed some concern about the language on the Certificate of Liability Insurance and feels the city attorney should review it. She also believes that the city’s employees and agents should also be covered.

Commissioner McKinney had no problems with the request and supported it.

ACTION: Motion by Commissioner Carlson to recommend that the City Council approve the special events permit request to allow 18725 Minnetonka to be included in the Remodeler’s Showcase. The motion was conditioned that parking be limited to the dirt lot adjacent to City Hall, that no signage be placed in front of the subject house and that the city attorney reviews the Certificate of Insurance. Commissioner Dyb seconded the motion. The motion carried 7-0.

OTHER BUSINESS

Council Liaison Crockett discussed the decision made by the City Council on the Wilkie subdivision.

Crockett said she believed it would be helpful to the Commission if the Council Liaison gave a report to the Commission on a monthly basis to give closure and allow an explanation on the Council’s thought process when they act on a request.

The Commission agreed. Zoning Coordinator Karpas said he would include a liaison report on future agendas to take place at the end of each meeting.

ADJOURNMENT

Motion by Dyb to adjourn the meeting. Commissioner McKinney seconded. The motion carried 7-0. The meeting adjourned at 8:10 p.m.

Respectfully submitted,

Gus Karpas

Zoning Coordinator