DEEPHAVEN CITY COUNCIL

MONDAY, JUNE 19, 2006

7:00 P.M.

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

 

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

                        and Paul Skrede

 

STAFF:            City Administrator Dana Young and Police Chief Virgil Gustafson

 

2.                  APPROVE CONSENT AGENDA

 

Councilmember Skrede requested that item 2.B Appointment of Tom Brislin to Boat Committee and item 2.C Authorize Survey of Lot Lines at Carson’s Bay & St. Louis Bay Marina be moved from the Consent Agenda to the Boat Committee Report.

 

Motion by Councilmember Skrede to approve the consent agenda, consisting of the minutes of June 5, 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.  Hearing no comment, the Matters from the Floor portion of the meeting was closed.

 

4.         NEW BUSINESS

 

A.                 Approve Certification of Achievement to Garden Club

 

Sue Stanga, President of the Cottagewood Garden Club, was present to accept a Certification of Achievement on behalf of the Cottagewood Garden Club for their outstanding contributions to the public gardens in the City of Deephaven.

 

Mayor Anderson presented the Certificate of Achievement to Sue Stanga and stated he is extremely gratified that the Garden Club is part of our community and provides an excellent example of how well government and community organizations can work together.  Sue Stanga thanked the Council on behalf of the Cottagewood Garden Club.

 

B.                 Approve Variance Extension for Arthur Johnsen (3655 Parkway)

 

Arthur Johnsen, 3655 Parkway, was present to request a one-year extension in the variance he was granted in August 2004 for an addition to his home.  Mr. Johnsen thanked the Council for the extension that he received last year and stated that he has still been unable to develop a design that he and his wife likes.  He requested an additional one-year extension to enable he and his wife to develop a suitable design for the approved addition to his home. 

 

 

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Councilmember Skrede asked if the proposed plans were for the design of the exterior of his home and whether there would be an additional increase in hardcover over what Mr. Johnsen had been granted by the Council.  Mr. Johnsen confirmed that the design was for the exterior of his home and stated that there would be no further increase in the hardcover and, in fact, hoped it would be even less than was granted by the variance.

 

Councilmember Skrede moved to approve a one-year extension in the submittal of a building permit application in order to qualify for the variance that was approved for the addition to his home.  Seconded by Councilmember Crockett.  Motion carried 5-0.

 

C.                 Review 2007 Capital Improvement Plan

 

Administrator Young presented the 2007 Capital Improvement Plan for Council review.  The Council had several questions regarding proposed equipment purchases at Shuck Park, the Marina Fund and on new guest chairs for City Hall.

 

Mayor Anderson asked whether the Council would be interested in investigating the cost of purchasing a property in the Vine Street and Highcrest area for a public park.  He stated that the property has been a problem property for some time and there is a lack of a public park in that part of town.  He also noted that the City Auditor during the review of the 2005 Financial Statements stated that the City is slightly over-reserved.

 

Councilmember Wheaton asked if there have been discussions with anyone in that neighborhood about a park in that area.  Mayor Anderson stated that he had talked to several residents in that area.

 

Councilmember Crockett stated that she would have an interest in ridding the neighborhood of the on-going nuisance at the property but not necessarily by the power of eminent domain.  She provided a brief summary of the recent state legislation on eminent domain, noting with approval that the reform legislation contained a strict approach to takings.  She also added that the City’s ordinances do not allow for the condemnation of properties even if they are in violation of city nuisance ordinances.

 

Mayor Anderson stated that he won’t pursue condemnation initially, but would seek an outright purchase of the property.

 

Councilmember Crockett asked if a park was feasible at that location given its size, whether it would be safe for kids due to its location near streets and if there was a need for a park at that end of town.  She noted that the City did not do any long term planning at its inception for green space, parks and trails.

 

Councilmember Skrede stated that he has thought about this issue for over a year and stated that the site should be an appropriate sized area to make it a decent park, as opposed to the smaller and seldom used Pump Park.  He stated that he would not want to use eminent domain for this proposal but would be sympathetic to check into the opportunity to purchase the property.

 

Councilmember Kask stated that he also would be cautious regarding the use of eminent domain but would not be adverse to indicating that we might have an interest in purchasing the property at the right price.

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Mayor Anderson requested that staff check with the property owners to see if they have any interest in selling the property and verify the size of the lot.

 

D.                Authorize Date of July Council Meeting(s) / Town Hall Meeting

 

Administrator Young stated that at the June 5th Council meeting, Mayor Anderson stated that he would not be able to attend the July 3rd Council meeting and several other Council members expressed concern about holding a meeting on that date due to its proximity to the July 4th holiday.  In addition, the Council also expressed interest in holding Town Hall meeting on swimming pools and other accessory structures.

 

Administrator Young stated that if the Council decides to reschedule the July 3rd meeting, the simplest approach would be to hold the Council meeting on Tuesday, July 11th, with a budget worksession scheduled to begin at 6:00 p.m. and the regular meeting at 7:00 p.m.  He stated that the Town Hall meeting could replace our regular Council meeting on July 17th.

 

The Council authorized staff to reschedule the Monday, July 3rd Council meeting to Tuesday, July 11th and hold the Town Hall meeting on Monday, July 17th.

 

E.         Emergency Preparedness Training

 

Police Chief Gustafson stated that in order for a municipality to qualify for Federal assistance, cities must demonstrate that key emergency management personnel have been given appropriate training.  He stated that the training requirement cannot mandate the attendance of the City Council but strongly encourages the Council’s to undergo the required training.  He stated that all Deephaven personnel involved in emergency management, including the City Council, are scheduled to attend training sessions provided by Hennepin County at the Medina Public Works Office on July 18th, from 8:30 a.m. to 11:30 a.m., or on July 25th, from 1:00 p.m. to 4:00 p.m.

 

Administrator Young stated that he would email the Council on the dates of the training sessions to enable each member to determine which date would work better in their schedule.

 

Further discussion was held on Hennepin County’s emergency plan in the event of a bird flu pandemic.

 

E.                 Approve Showcase Events Exemption Request (Deephaven Cove)

 

Mayor Anderson stated that Scott Bader, President of Steven Scott Development and owner of Deephaven Cove, is requesting an exemption from the City’s Showcase Events Ordinance to enable Deephaven Cove to participate in the Parade of Homes over a longer time period than the three-week time period imposed by our ordinance.  He stated that Mr. Bader is requesting an exemption for the following reasons:

 

1.      The intent of the current ordinance is to prevent excess traffic and disturbance through residential neighborhoods.  Because Deephaven Cove is located directly off of 101 across from Bennett Family Park, traffic will not be going through residential neighborhoods.

 

 

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2.      The sales center will be located within the City of Minnetonka.

3.      There will not be a completed model at the time of the Fall Parade of Homes.  The townhomes that will be located in the City of Deephaven will be under construction at the time of the parade.  There may be occasion where someone wants to visit a townhome unit under construction, and his sales team would escort them to the unit under construction, but the sales team will not be operating in any of these units.

 

Councilmember Skrede moved to exempt Deephaven Cove from the requirements of the Showcase Events Ordinance due to the fact that the sales center and parking will be held entirely in the City of Minnetonka and the location of Deephaven Cove off of Co. Rd. 101 would eliminate excess traffic and disturbance through residential neighborhoods.  Seconded by Councilmember Kask.  Motion carried 5-0.

 

F.                  Approve Payment to Tennis West

 

Adminstrator Young stated that Tennis West has submitted two invoices totaling $24,350.00 for the resurfacing of three tennis courts at Village Hall Park and two tennis courts at Thorpe Park and are requesting payment of the invoices.

 

Motion by Councilmember Wheaton to approve payment to Tennis West in the amount of $24,350.00 for the resurfacing of the tennis courts at Village Hall Park and Thorpe Park.  Seconded by Councilmember Crockett.  Motion carried 5-0.

 

G.                Other

 

Councilmember Crockett stated that she has received several complaints about the number of boats that are exceeding slide width requirements.  The Council decided to discuss the issue under Boat Committee Report.

 

Councilmember Crockett stated that she has noticed that the noise and/or hum from the traffic across Carson’s Bay Bridge appears to be getting louder.  She stated that the City paid approximately $9,000.00 a couple of years ago to have the grooves ground down and wondered if the noise was returning.  She requested that the Council let her know if they have noticed increased noise while crossing the bridge.  None of the other Councilmembers noticed an increase in the noise.

 

5.         REPORTS FROM STANDING COMMITTEES

 

A.                 Public Works Committee

 

Administrator Young stated that the Public Works Committee met on June 7, 2006 and denied several requests including a stop sign at Azure & Monaltrie Avenue, speed bumps on Parkway and a request to treat Creeping Charlie and other weeds on the Parkway.  He stated that the Public Works Committee spent the remainder of the meeting prioritizing storm water projects.

 

Councilmember Wheaton asked staff to remind the Public Works Committee about the drainage problems at Northern and Lakeview.  Councilmember Skrede stated that the Committee has not

 

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forgotten this problem and noted that the area has somewhat unique runoff issues due to the potential lack of city right-of-way in this area and periodic problems with the level of the lake.

 

Councilmember Kask asked staff to place a notice regarding the upcoming seal coating project on the city webpage.  He also stated that he has noticed an increase in the number of boats and vehicles advertised for sale along the street right-of-way.  Further discussion was held on the issue and the need to provide better enforcement to ensure that boats, trailers and vehicles are not parked on city streets for longer than 24 hours.

 

B.                 Deephaven Boat Committee

 

Administrator Young stated that the Boat Committee met on June 14, 2006 and recommended the appointment of Tom Brislin to the Boat Committee and a survey of Carson’s Bay and St. Louis Bay marinas.  He stated that the remainder of the meeting was spent reviewing the width of slides on St. Louis Bay for further consideration at their next meeting on July 12th.

 

The Council resumed discussion on item 2.B. Appointment of Tom Brislin to the Deephaven Boat Committee.  Mayor Anderson stated that it is his understanding that Mr. Brislin may be in violation of the slide width requirements and the sailboat length requirements and he recommended tabling action on the appointment of Mr. Brislin until we can confirm he is in compliance with the City’s boating requirements.  Councilmember Crockett stated that whatever the outcome of the compliance issue, since Mr. Brislin enjoyed two resources, including a Class A buoy, she would not support his nomination to the Committee.  She stated that she would prefer a resident who does not have a resource.

 

The Council resumed discussion on item 2.C. Authorize Survey of the Lot lines of Carson’s Bay and St. Louis Bay Marinas.  Dana Young stated that he had originally received a quote from the City Engineer in the amount of $1,580 to conduct a survey of the property lines of Carson’s Bay and St. Louis Bay marinas.  He stated that the City Engineer later revised the quote to $15,000 due to concerns about the amount of research that would be needed and the difficulty in determining surrounding property pins.

 

Councilmember Skrede stated that there should be survey information in the house files on the Boisclair property that should help to confirm the location of property pins in St. Louis Bay.  He stated that the house files might also contain surveys of Randy Boyd’s property and the Yacht Club in Carson’s Bay.  He recommended that the City research the information that might already be available in the house files before moving forward with a survey.

 

Councilmember Kask agreed that we should use ourselves as a resource to reduce the costs of a survey.  He stated that the Boat Committee is facing a chicken or the egg dilemma where the Committee doesn’t think it can move forward with a accurate dock plan unless we know the property parameters and the Council might be concerned about approving a costly survey without first approving the dock plan.  He stated that he felt the central question was whether the Council would be agreeable to seeing fewer boat resources in the proposed dock plans.

 

 

 

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Mayor Anderson stated he would favor more dock slips in exchange for slides.  Councilmember Kask stated that this would result in expanding the surface area on the water for docks and reducing the slide area to accommodate wider boats.

 

Mayor Anderson noted that the current dock plan in St. Louis Bay would not alter the existing encroachment towards the north lot line.  He stated that he couldn’t see where a survey would benefit the St. Louis Bay plan.  He stated that the current dock plan in Carson’s Bay shows a higher density and there could be a difference of opinion on Carson’s Bay.

 

Councilmember Wheaton asked what is the mission of the Boat Committee in terms of creating a dock plan?  He asked if it were to create more slips?  He added that he realizes that it has been a very difficult process for the Committee.

 

Councilmember Kask stated that it is fair to say that the glacial pace of developing a plan that tries to address each and every issue has frustrated the Boat Committee.  He stated that the process would be much easier if you were a private marina and could simply generate a waiting list to maximize the number of spaces.  He stated that the task of changing the configuration to preserve as many of the current Boat Storage Units as possible and to optimize the space for those who desire additional space has been difficult at best.

 

Mayor Anderson stated that his only goal in this process is to review a plan that would adjust the mix of slips and slides in order to maximize the number of available slips.

 

Councilmember Kask repeated his statement that the most critical question that the Boat Committee needs to have answered is whether the Council would prepared to accept a reconfiguration of docks that proposed a reduction in Boat Storage Units.  Mayor Anderson and Councilmember Wheaton both agreed that they would accept such a plan.

 

Councilmember Crockett stated that the Boat Committee would also have to address the fact that changing the mix would also have an impact on costs.  She stated that the current rates have been determined by the depreciated cost on the existing marina infrastructure.

 

Councilmember Kask agreed that rates would definitely depend on any adjustments to the capital improvement schedule.  He stated that there are a number of issues that have bogged the Committee down in their review of the dock plans, including the issue whether sailors should be allowed to have two permits for a buoy and a slide.  He stated that the last thing he would want to see is a half-baked solution.  He stated that the issue of boats exceeding the current slide widths pale in comparison to a plan doesn’t provide reasonable access to buoys.

 

Councilmember Skrede stated that he would like to focus the discussion back to the issue of whether to approve the costs of a survey for Carson’s Bay and St. Louis Bay.  He stated that he felt there was little need to survey St. Louis Bay due to the existing constraints imposed by the presence of the Main Beach to the south and the existing property to the north. 

 

Councilmember Kask stated that he tended to agree with the Council’s conclusions this evening that a survey is not needed at St. Louis Bay at this time.  He stated that he would inform the Boat Committee that the Council would be prepared to accept an overall reduction in Boat Storage Units, recommend

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that the Committee continue to work on the transition of slides to slips, develop a recommendation on how to provide access to buoys, and continue with plans to eliminate shore spaces.

 

Councilmember Crockett stated that the issues are so involved that the Boat Committee may need to meet more than once per month.

 

Councilmember Kask stated that he would further inform the Boat Committee that the proposed survey of Carson’s Bay marina would be tabled until after the St. Louis Bay dock plan is submitted for Council review.

 

The Council resumed discussion on Councilmember Crockett’s question that she had raised earlier  regarding those boats in violation of the slide width requirements.

 

Councilmember Crockett stated that we need to enforce the City Ordinance that no boat on a slide may exceed 5’4” in width unless the boat has been grandfathered.  She noted that while the City was considering allowing wider boats under a comprehensive change, the rules had not been changed and residents cannot be allowed to make up the rules for the City.  She stated that many residents bought their boats in compliance with the rules and now many of them cannot comfortably access their boats because of the oversized boats on the next slide.

 

Mayor Anderson stated that those in violation of the ordinance should be sent a letter giving them thirty days to be in compliance.

 

Councilmember Kask stated that thirty days was a harsh standard and would prefer that individuals be informed that the 5’4” standard will be enforced.  He added that the width of boats became an even more acute issue when canoes were no longer permitted on slides several years ago.

 

Councilmember Crockett and Wheaton stated that they also wouldn’t have a problem with requiring  compliance with width requirements on slides next year.

 

Mayor Anderson requested that staff send a letter to all slide permit holders stating that all boats must be in compliance with the 5’4” width requirement by the 2007 Boating Season.

 

6.                  ADJOURNMENT

 

Motion to adjourn by Councilmember Kask, seconded by Councilmember Wheaton.  Motion carried 5-0.  The meeting adjourned at 9:00 p.m.

 

 

Respectfully submitted,

 

 

 

Dana H. Young

City Administrator