DEEPHAVEN CITY COUNCIL

MONDAY, MAY 15, 2006

7:00 P.M.

PAGE 1

 

 

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

 

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

 

STAFF:            City Administrator Dana Young, Police Chief Virgil Gustafson and Zoning Coordinator Gus Karpas

 

ABSENT:        None

 

2.         APPROVE CONSENT AGENDA

 

Motion by Councilmember Kask to approve the consent agenda, consisting of the minutes of May 1,

2006.  Councilmember Crockett seconded.  Motion carried 5-0.

 

3.        MATTERS FROM THE FLOOR

 

Mayor Anderson opened the Matters from the Floor portion of the meeting.  There were no comments.

 

4.                PUBLIC HEARINGS

 

A.               Accessory Structure Size Permit – Shawn and Angela Sherlock, 4325 Cottonwood Lane (R-2, 40,000).  A request to build and accessory structure which exceeds the maximum permitted accessory structure area in the R-3 Zoning District.  The proposed structure would exceed the maximum seven hundred square foot area by two hundred square feet.

 

 

 

 

B.               Accessory Structure Setback Permit – Steve and Pamela Schechtman, 4245 Northern Road (R-3, 20,000).  A request to build a swimming pool which encroaches into the required rear yard setback.  The proposed pool would encroach seven feet into the required fifteen-foot rear yard setback.

 

 

 

 

 

 

 

 

 

 

5.                UNFINISHE BUSINESS

 

A.                 Discuss Enactment of Moratorium

 

Mayor Anderson stated that the Council could choose to discuss the enactment of a moratorium on pools, spas, hot tubs, and tennis and sports courts tonight or postpone discussion until the next Council meeting on June 5, 2006.

 

Councilmember Skrede stated that if the moratorium were postponed, it is conceivable that the City might receive a number of applications on the very projects that the moratorium is intending to temporarily prohibit.  He stated that it would be cleaner to initiate the moratorium at this time.  Mayor Anderson stated that the Council should request Staff to start gathering ordinances on pools for the Council to review at the next Council meeting. 

 

Councilmember Skrede reminded the Council that the moratorium proposes to include spas, hot tubs, and tennis and sports courts as well as swimming pools.  Mayor Anderson stated that he thought the primary focus of the moratorium would be on pools since they were such a unique structure.

 

Councilmember Crockett stated that there had been significant discussion on pool fences at the Planning Commission but no specific action was taken at the time due to the number of public objections to the ordinance.

 

Councilmember Kask stated that the City ordinance currently classifies pools as an accessory structure and he would like to have a review of attachments from the main structure to detached accessory buildings as part of the overall review.  Zoning Coordinator Karpas stated that the proposed moratorium would be limited to swimming pools, spas, hot tubs, and tennis and sports courts and would not include other accessory structures such as detached garages.  He added that tennis courts do not currently require a building permit application.

 

Councilmember Skrede stated that he felt it was important to include all of these items under review since tennis courts might cause hardcover problems and the City currently lack a definition of a swimming pool.  He stated that he is also interested in reviewing attachments to detached structures similar to the covered walkway that connects the house to a garage on Deephaven Avenue.  He stated that the Council should consider the ramifications of these attachments to structures that are actually detached buildings.

 

Councilmember Crockett stated that the issue of attached structures is more compelling to her than swimming pools and that massing is becoming a much more important issue.  She stated that she would like the review to focus more on attachments.

 

Mayor Anderson stated that the City of Deephaven is more dense community than people would think and that pools are becoming more of an issue that should be clarified. 

 

Councilmember Skrede moved to adopt Resolution No. 09-06, A Resolution Authorizing Studies on Accessory Buildings and Structures including Swimming Pools, Spas, Hot Tubs, and Tennis or Sports Courts.  Seconded by Councilmember Kask.  Motion carried 5-0.

 

Councilmember Crockett stated that this might make an interesting topic at an Open Mike Night and it would be helpful to receive comments from residents on pools and massing issues.

Discussion was held on the adoption of Ordinance No. 13-38, An Ordinance Imposing a Moratorium on Applications for Swimming Pools, Spas, Hot Tubs, and Tennis or Sports Courts.  Mayor Anderson suggested placing the proposed Ordinance on the June 5th Council agenda for public discussion.

 

Councilmember Skrede stated that passing Resolution No. 09-06 without passing the ordinance imposing a moratorium would give individuals the opportunity to submit applications on those very structures that the Council would like to have the opportunity to study.  He stated that public would be able to comment during the public hearing on any proposed ordinance that would be developed as a result of the study.

 

Mayor Anderson asked if the Council would like to postpone further action regarding the moratorium ordinance for two weeks to enable the public to comment on the moratorium?  Councilmember Wheaton stated that he understood that the point of the moratorium was to prevent additional applications from being submitted.

 

Councilmember Crockett stated that she wouldn’t be opposed to giving people the opportunity to comment on the moratorium.  Councilmember Kask stated that he could go either way on the issue and public comments might bring up some legitimate issues.  He stated that he would like staff to provide the Council with several proposed ordinances on accessory structures for the Council to review at their next meeting.  Councilmember Wheaton stated that in the interest of fairness, the additional two weeks would allow people to submit applications under the existing ordinance.  Councilmember Skrede stated that if staff could present sample ordinances on pools and accessory structures at the June 5th Council meeting, a moratorium may not be needed at all.

 

The Council directed staff to provide sample ordinances on pools and accessory structures for Council review on June 5th. 

 

B.                 Discuss Application of Non-Conforming Uses (MN State Stat. 462.357)

 

Zoning Coordinator Karpas stated that he would like to bring to the Council’s attention a memo from City Attorney Jerry Gilligan about the application of MN State Statute 462.357 that governs non-conforming structures.  He stated that the issue was raised at the March Planning Commission meeting regarding the variance request from the Erhard’s to construct a new home on a non-conforming footprint.  He stated that it is the City Attorney’s position that if a structure is made non-conforming due to an ordinance change after the construction of the structure, it is protected under Minnesota statutes and the City is required to permit reconstruction provided there is no expansion of the non-conformity.  He stated that in addition, it is the City Attorney’s position that if a structure is constructed through obtaining a variance, it should be afforded the same treatment as other non-conforming structures. 

 

C.                 Approve LMCC Request for Feasibility Study Contribution

 

Administrator Young stated that the Lake Minnetonka Communications Commission (LMCC) has been looking with great interest for the last year or two into the possibility of providing wireless internet to all 17 member cities.  He stated that the LMCC has provided two informational meetings on the issue and is now requesting funding from all member cities towards the development of a feasibility study.  He stated that the feasibility study would identify user partners, a cost/benefit analysis, potential providers, potential technology, and a model business plan.  He stated that the LMCC is requesting that each interested city contribute up to $3,000 but not less than $1,000 towards the study.

 

Councilmember Kask stated that he is the Council liaison to the LMCC and plans to attend their meeting tomorrow night to consider their discussion regarding this issue.  He stated that he believes that wireless internet is probably more beneficial for the more remote communities that are currently able to obtain access to wireless internet and noted that the feasibility study could also be funded by the LMCC’s reserve.  Councilmember Skrede stated that he looks forward with great interest to  Councilmember Kask’s update on this issue.

 

6.                NEW BUSINESS

 

A.                 Approve Use of Thorpe Park Ditch as a Bird Sanctuary

 

Administrator Young stated that the Park Committee recommended approval at their May 3rd meeting of a request from Bonne St. James, 18390 Minnetonka Blvd, to keep the drainage ditch through Thorpe Park natural for use as a bird sanctuary.  He stated that the drainage ditch extends from Thorpe Pond to Rutledge Avenue and would be allowed to grow naturally within a five-foot area from the center of the ditch until mid-August.

 

Bonne St. James was present and stated that she went before the Park Committee on May 3rd and received approval to keep the Thorpe Park drainage ditch natural until mid-August.  She stated that songbirds continue to be under assault from the loss of habitat and the ditch could serve as a natural habitat.  She stated that establishing the habitat would be simple to do by simply refrain from spraying or mowing eight feet from the center of the ditch and post signs indicating the area as a bird sanctuary.  She stated that the ditches have already been mowed this year, which might have disrupted the nesting for this year, but not cutting the ditches until mid-August would improve the habitat for future years.

 

On a separate matter, Bonne St. James also recommended that the recently planted Arbor Day trees be replanted from their current location next to Westview Drive to east of the Thorpe tennis courts.  She stated that the entranceway to the park path off of Westview Drive is already too dark and the trees would only make the situation worse.

 

Councilmember Skrede moved to approve the request to not mow or spray within eight feet of the center of the drainage ditch in Thorpe Park until mid-August to enable the ditch to be used as a bird habitat.  Seconded by Councilmember Wheaton.  Motion carried 5-0.

 

B.                 Approve Donation of Playground Equipment

 

Administrator Young stated that Landscape Structures, Inc. has offered to install a climbing playstructure at Shuck Park at no cost to the City.  He stated that the only obligations of the City would be to allow Landscape Structures to test and evaluate their new equipment, dispose of the existing playground equipment, which is currently in poor condition and scheduled for replacement next year, and level a site for the new equipment at Shuck Park.

 

Mayor Anderson wondered if the proposed equipment would fit at Shuck Park and if the City would receive complaints regarding its size and unique look.

 

Councilmember Skrede asked Councilmember Wheaton if he would be willing to canvass the immediate area to see how the residents around Shuck Park would feel about the new playground equipment.  Councilmember Wheaton stated that he would be happy to do so.

 

Mayor Anderson moved to approve the donation by Landscape Structures, Inc. of playground equipment at Shuck Park subject to receiving positive input from residents.  Seconded by Councilmember Crockett.  Motion carried 5-0.

 

C.                 Approve Dry Hydrant License Agreement

 

Administrator Young stated that Northome Private Roads, Inc. has purchased a dry hydrant and is in the process of obtaining permission from Kingston & Doris Fletcher to install the hydrant on their property at 3845 Northome Road.  He stated that the purpose of the dry hydrant is to provide enhanced fire protection for Northome residents.  He stated that the License Agreement grants the City’s fire department permission to access the dry hydrant for fire fighting purposes.  He stated that the City Attorney has reviewed the License Agreement.

 

Councilmember Skrede moved to approve the License Agreement between Kingston & Doris Fletcher, Northome Private Roads, Inc. and the City of Deephaven.  Seconded by Councilmember Wheaton.         

Motion carried 5-0.

 

D.                Adopt Ordinance No. 09-15, Amending Section 900.07, Subd. 2

 

Administrator Young stated that the section of the Watercraft Space Ordinance dealing with the 90-day usage requirement, the June 15th deadline requirement, and the appeals process for both is not clearly written.  He stated that the purpose of Ordinance No. 09-15 is to clearly delineate the appeals process for both the 90-day usage requirement and the June 15th deadline requirement.

 

Councilmember Skrede moved to adopt Ordinance No.. 09-15, An Ordinance Amending Section 900.07, Subd., 2 as amended.  Seconded by Councilmember Crockett.  Motion carried 5-0.

 

E.                 2007 LMCD Budget

 

David Gross, LMCD liaison, was present to provide a brief overview of the proposed 2007 LMCD budget.  He stated that the 2007 budget originally proposed a 23% increase that the Board reduced to the existing 10% increase at their May 10th meeting.  He stated that the increase in the 2007 budget is primarily attributable to the costs of printing and distributing the quarterly newsletter, a budgeted increase to increase the overall size of the reserve fund, and an increase in operating expenses.  David Gross also expressed his concern that Exotics Management is partially funded in 2007 through a one-time use of $30,000 in reserve funds.  He stated that the use of reserves is only feasible in 2007 and the cost of Exotics Management will increase by at least that amount in future years.

 

Councilmember Skrede moved to approve the 2007 LMCD budget as presented.  Seconded by Mayor Anderson.  Motion carried 5-0.

 

7.                REPORTS FROM STANDING COMMITTEES

 

A.                 Public Works Committee

 

Administrator Young stated that the Public Works & Safety Committee met on May 3rd and made the following recommendations:

·        The installation of a four-way stop sign at the intersection of Highland & Leroy was not warranted due to the lack of significant traffic volume or speeding in this area.

·        Discontinuing the use of pea gravel on city streets during snow clearing operations.  The Public Works Department will be using treated salt, which should cut down on the overall use of sand.

·        Initiated a list of storm water projects for prioritization.

·        Reviewed a request to add Ramsey and Manor Road to the seal coating schedule this year at an additional cost of $5,464.80.  No action was taken.

·        Recommended replacing our existing water truck with a new pickup truck and retrofit the existing tank & pump for a total estimated cost of $77,749.

 

B.                 Park Committee

 

Administrator Young stated that the Park Committee met on May 3rd and made the following recommendations:

·        Recommended that Patrick Noll present plans on the design and cost of a porta-potty enclosure at Sandy Beach as part of his Eagle Scout project.

·        Recommended approval of the Thorpe ditch bird sanctuary.

·        Recommended repainting the Village Hall tennis court with its current color of green and red and repainting Thorpe tennis court green and dark green.  Thorpe court is currently all green.

·        Recommended the donation of playground equipment by Landscape Structures, Inc. at Shuck Park.

 

Mayor Anderson mentioned the possibility of acquiring a property on Highcrest and Vine Street for use as a city park.

 

C.        Boat Committee

 

Administrator Young stated that the Boat Committee met on May 10th and made the following recommendations:

·        Recommended approval of Ordinance No. 09-15 that had been adopted earlier tonight by the Council.

·        Recommended that two rampmaster slides be installed at Slide #79-81 at St. Louis Bay to accommodate larger boats for the Committee to review the aesthetics and the spacing of larger and smaller boats as part of a test on the plan to accommodate larger boats on slides.

 

8.         ADJOURNMENT

 

Motion to adjourn by Councilmember Skrede.  Seconded by Councilmember Wheaton.  Motion carried 5-0.  The meeting adjourned at 10:37 p.m.

 

Respectfully submitted,

 

 

 

Dana H. Young

City Administrator