DEEPHAVEN CITY COUNCIL
MONDAY, SEPTEMBER 7, 2006
7:00 P.M.
PAGE 1
1.
CALL TO ORDER: Mayor Anderson called the meeting to order at
7:00 p.m.
ABSENT: NONE
STAFF: Police Chief Virgil Gustafson,
Zoning Coordinator Gus Karpas and City Administrator Dana Young
2.
APPROVE CONSENT AGENDA
Motion
by Councilmember Skrede to approve the consent agenda, consisting of the
minutes of August 21st and the verified accounts for the month of
August. 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
Florence, 3920 Walden Shores Road, said she’s concerned about the wait on the dock
list. She feels sorry for those who wait
years to obtain a water resource. She
believes there should be a public hearing to discuss the issue. She thinks with the upcoming changes in the
configuration with the city’s docks, there should be some discussion on
limiting the length of leases.
Hearing
no further comment, the Matters from the Floor portion of the meeting was
closed.
4.
PUBLIC HEARINGS
A.
ORDINANCE AMENDMENT. Recommendation to the City
Council of Ordinance No. 12-19, an amendment to Section 1200 of the City Code
revising language pertaining to subdivisions.
The proposed ordinance amendment would clarify issues pertaining to
access, private roads and development in area with steep slopes.
Zoning
Coordinator Karpas said the proposed changes would place language from the
Comprehensive Plan regarding bluffs and slopes directly into the subdivision
ordinance.
Councilmember Crockett presented the Planning Commission report. She said the Commission voted unanimously to approve proposed amendment.
Mayor
Anderson asked if the concern about the term water body had been
addressed. Zoning Coordinator Karpas
said the term is in referenced to any water body recognized by the DNR. Councilmember Crockett suggested that
language referencing that should be included in the ordinance. Mayor Anderson said it could be added in the
definition’s section.
Councilmember
Wheaton asked about the proposed private road regulations and how they would
affect existing subdivisions. Zoning
Coordinator Karpas said that existing private roads would be permitted to
remain as is. They would only be
required to comply with the new regulations if the property it serves is
re-platted.
Councilmember
Skrede commented that the term “should” should read “shall” in Section 1200.10(l)(6)
in terms of a required erosion control plan.
He questioned the provisions regarding maintenance of utilities located
within the private street easement, asking why they would be the responsibility
of the benefiting properties. Zoning
Coordinator Karpas said that the utilities would have be installed and
maintained privately. Councilmember Kask
said the provision provides clarification that even though a subdivision is
approved by the city, the utilities serving it would be a private responsibility.
Mayor
Anderson opened the public hearing.
Hearing no public comment, the hearing was closed.
Motion by Councilmember Skrede to adopt Ordinance 12-19,
revising language in the subdivision ordinance, with the proposed amendment of
Section 1200.10, as discussed and with the understanding that staff will draft
a definition of “water body” for the Council’s review. Councilmember Crockett seconded. Motion carried 5-0.
Motion by Mayor Anderson to authorize the staff to publish a summary of the ordinance amendment rather than publishing the ordinance as a whole. Councilmember Wheaton seconded. The motion carried 5-0.
B.
ORDINANCE AMENDMENT. Recommendation to the City
Council on Ordinance No. 13-41, an amendment to Sections 1310.06 of the zoning
code adding language requiring fencing around swimming pools.
Zoning Coordinator Karpas summarized the proposed ordinance amendment saying that would required fencing around all new swimming pools constructed in the city.
Councilmember
Crockett gave the Planning Commission report stating that they voted 4-1 that
the Council rejects the proposed ordinance amendment. They had a long discuss about the need and
application of the proposed ordinance.
They felt that if the ordinance would not be applied retroactively to
existing pools, then there’s not point in adopting the ordinance. They were also concerned that there would be
certain situations, like a pool on the lake side of a home, where fences would
not be aesthetically viable option. They
felt the insurance industry would be better able to regulate the issue.
Councilmember
Wheaton agrees with the Planning Commission’s assessment. He said that fences provide a false sense of
security. He noted there is no State
legislation requiring fences. He
supports the concept of natural screening, which goes farther to reduce the
attractive nuisance factor than a fence.
He said that the locations of many pools in the city are
indistinguishable do to their location and screening.
Councilmember
Kask also agrees with the Planning Commission and Councilmember Wheaton. He feels the city is trying to create a one
size fits all ordinance that would be difficult to enforce due to the varying
lot characteristics in the city. He said
there are good reasons for homeowners to fence their pools, but doesn’t believe
it should be a city expectation.
Councilmember
Skrede noted that the language in front of the Council is due to comments from
residents at the last Town Hall meeting and the lack of support for the
proposed ordinance language should not be a negative reflection on staff. He agrees with the comments made by other
Councilmembers and does not support the proposed ordinance change.
Councilmember
Crockett said she wouldn’t personally own a pool without a pool cover and a fence,
but does not believe the city should require them. She believes there are too many difficulties
to overcome in legislating such an ordinance.
She believes there are plenty of opportunities to be a responsible pool
owner without city regulation.
Mayor
Anderson commented that he knows he’s the minority voice on the issue. He feels personally obligated to support any
ordinance language that could avert a tragedy in the community.
Mayor
Anderson opened the public hearing.
Hearing no public comment, the hearing was closed.
Motion
by Mayor Anderson to approve Ordinance 13-41, requiring fencing around all new
swimming pools constructed in the city, as presented. Councilmember Crockett seconded. Motion failed 4-1. Upon roll call vote on a motion to approve,
Mayor Anderson voted aye, Councilmembers Crockett, Kask, Skrede and Wheaton
voted nay.
Councilmember
Wheaton would like to discuss the concept of natural screening sometime in the
future.
C.
ORDINANCE AMENDMENT. Recommendation to the City
Council on Ordinance No. 13-42, an amendment to Section 1310.10(1)(c) of the
zoning code adding language for an increased setback for swimming pools.
Zoning Coordinator Karpas summarized the proposed ordinance amendment saying that would require a minimum setback of twenty feet from the edge of the water for all new pools constructed in the city. The proposed ordinance would affect only those properties located in the R-3 District since the R-1 and R-2 Districts already has a more restrictive setback.
Councilmember
Crockett gave the Planning Commission report stating that the Commission voted
3-2 to recommend that the Council adopt the proposed ordinance amendment. Those opposed to the ordinance felt it would
hurt those with smaller properties.
Those in support of the ordinance did not believe those with smaller
lots had a right to a pool at their neighbors expense.
Mayor
Anderson asked why this was in front of the Council. Councilmember Crockett said it was drafted in
response to public comments at the Town Hall meeting.
Mayor
Anderson opened the public hearing.
Hearing no public comment, the hearing was closed.
Councilmember
Kask said the ordinance seeks to clarify how setback is measured by stating it
is measured to the water’s edge. By
increasing that setback, there would be adequate space left for screening and
an apron. He would like to see pool
equipment addressed so it too would be moved away from the property lines. He is supportive of the spirit of the
proposed ordinance. He noted that an
increased setback is justifiable, especially in those areas with smaller lots
since any type of construction in those areas has a magnified affect on
adjacent properties.
Mayor
Anderson said there are a number of lots that are only fifty feet in width that
would basically be eliminated from being able to build a pool. Councilmember Wheaton agreed and said that is
why he would be opposed to the ordinance.
Councilmember Skrede said those properties would still be permitted to
apply for a variance. Anderson questioned
that based on the wording in the ordinance.
Councilmember
Wheaton said the proposed ordinance is a de facto ban on swimming pools in the
R-3 District. He feels the existing
setback in addition to a natural screening buffer is sufficient.
Mayor
Anderson said smaller lots have other issues such as hardcover regulations that
would limit the size and placement of swimming pools. Councilmember Wheaton would support a
regulation on a pool’s placement, such as requiring them to be placed behind
the front wall of a house. He doesn’t
support the rationale behind the proposed ordinance.
Zoning
Coordinator Karpas said the Planning Commission noted that not all lots are
able to support a pool and there’s no guarantee or right that a property owner
can build one. Councilmember Crockett
said there has been past sympathy for smaller properties when it comes to
garages, but she doesn’t feel the same sympathy for pools. Councilmember Wheaton said he has a
philosophical disagreement with the ordinance.
The
Council discussed whether to measure a pool from the water’s edge or the edge
of the pool skirt. Zoning Coordinator
Karpas said the water’s edge was chosen because it’s a more permanent starting
point.
Councilmember
Skrede says he sympathizes with the plight of small lots, but at the same time,
he sympathizes with the concerns of adjacent neighbors. He would support measuring the setback from
the edge of the pool skirt.
Councilmember
Kask said lot sizes vary from small to large in the R-3. The proposed ordinance will only impact the
smaller lots in the city. He would like
to see the spirit and intent of the ordinance to be such to allow enough space
for placement of natural screening.
Councilmember
Wheaton has an issue with focusing on only the R-3 District.
Mayor
Anderson asked the Council for their feelings on the proposed ordinance. He didn’t want to direct staff to redraft any
language based on the discussion if they did not support it.
Councilmember
Skrede said he would like to see some additional language regarding pool
equipment and setbacks. Councilmember
Crockett said she is in support of an increased setback for pools. She said those lots affected by the amendment
are in neighborhoods that already have a sense of crowding and the proposed
ordinance seeks to create larger buffers.
Councilmember
Skrede asked about requiring vegetation.
Councilmember Crockett said she would be in support of requiring natural
vegetation for screening. She also
thinks the setback should be looked at in terms of the pool skirting since the
“offensive” use would extend to the end of the apron. She suggested setting a minimum setback for
the pool skirt and the water’s edge.
Councilmember
Wheaton would rather see an ordinance that used the existing setback but required
pools to be placed behind the front wall of the house and required a natural
screening barrier, which would reduce the attractive nuisance issue.
Pat
Florence, 3920 Walden Shores Road, expressed concern about potential water
issues caused by pools.
Staff
was directed to redraft ordinance language for review by the Council.
5.
OLD BUSINESS
Administrator Young stated that T-Mobile has revised their original Lease Agreement to incorporate the vast majority of the changes recommended by the City Attorney. He stated that the City Attorney has reviewed and approved the revised Lease Agreement, which is presented to the City Council for approval this evening, subject to two minor revisions to the lease.
Christopher
Coughlin, representing T-Mobile, was also in attendance to answer any questions
regarding the Lease Agreement. He stated
that T-Mobile has already included the City Attorney’s proposed revision to
Section 15 (i) in the lease but had some reservations about removing the clause
“first party” from Section 11 (b) of the lease as recommended by the City
Attorney.
Councilmember
Skrede asked if there were any other issues of concern to T-Mobile in the
proposed lease. Christopher Coughlin
stated that there were not.
Motion
by Councilmember Skrede to approve the T-Mobile Lease Agreement subject to the
City Attorney’s final review of the Lease Agreement and the deletion of “first
party” in Section 11 (b). Seconded by
Councilmember Wheaton. Motion carried
5-0.
Councilmember
Skrede added that if T-Mobile had a concern regarding the deletion of “first
party” in Section 11 (b), they would have the opportunity to continue
discussions on this issue at a Special Council meeting to be held on September
13th.
Councilmember
Wheaton stated that the Park Committee had discussed the proceeds from the
T-Mobile Lease at their last meeting and recommended that the proceeds be given
to the Park Improvement Fund. He stated
that the Committee felt that the annual lease proceeds would help provide a
reliable revenue source for this very proactive Committee due to the likely
reduction in Park Dedication Funds, the ever increasing cost of maintaining
existing park equipment and the belief that the construction of a cell tower
would be more palatable to the community if the proceeds went towards park
maintenance. He added that he was in
support of this proposal.
Mayor
Anderson stated that he would prefer to have the City Council control all
available revenues of the City and that he would prefer if the Park Committee
would submit separate proposals to the City Council on funding for specific
projects.
Councilmember
Skrede stated that this project-by-project approach might be difficult because
it would cause periodic spikes in the City budget as opposed to providing the
Park Fund a reliable revenue source such as the lease proceeds.
Councilmember
Kask stated that this discussion on how to spend the lease proceeds is somewhat
premature at this point since both parties have not yet officially approved the
agreement.
B.
Adopt Ordinance No. 09-16,
Amending Section 900.07 Subd. 2 regarding the June 15th Deadline
The
Council reviewed Ordinance No. 09-16 and offered several recommendations to
staff for further Council action on September 18th.
6.
NEW BUSINESS
Discussion
was held on the 2007 General Fund Budget and on the recommendations submitted
by Administrator Young and Mayor Anderson to increase General Fund revenues and
decrease General Fund expenditures.
Specific discussion was held on differing projections on 2007 interest
income, the disposition of tower lease revenues, the difficulty of accurately
projecting building permit revenues and on several recommendations to reduce
specific expenditures for 2007.
Motion
by Councilmember Skrede to adopt Resolution No. 21-06, A Resolution Approving
the 2006 Levy, Collectible in 2007 in the amount of $1,784,344. Seconded by Councilmember Crockett. Mayor Anderson abstained. Motion carried 4-0-1.
Administrator Young stated that the City does not presently provide an incentive for an employee to consider opting out of the City’s group health coverage if the employee’s spouse has superior and more affordable coverage. He stated that in this circumstance an employee is likely to continue coverage with the City by switching from family coverage to single coverage, resulting in the City continuing to pay $419.72 per month towards coverage that the employee doesn’t really need.
He
stated that the purpose of a payment in lieu of group health contribution is to
provide the incentive necessary to convince the employee to drop group health
coverage through the City. He stated
that the incentive that is typically offered is an increase in their hourly
wage. This provides the employee the
incentive to drop the unnecessary coverage through the City and provides the
City with significant savings by no longer having to pay the full cost of the
employee’s group health premium.
Councilmember
Kask stated that his primary concern with this proposal is that those employees
who opt out of the City’s group health coverage may be the more healthy
employees. He stated that this could
result in higher premium costs both for the City and remaining employees.
No
action was taken on this issue at this time.
Further
discussion was held on the rising costs of group health coverage and the
possibility of providing lower cost health care through a plan offering a high
deductible/ Health Reimbursement Account.
Councilmember Kask, Council liaison to the LMCC, provided a brief overview of the proposed 2007 LMCC Budget.
Administrator
Young presented the preliminary 2007 Marina Fund Budget and proposed increase
in 2007 Boat Fees for Council review. He
stated that 2007 Boat Fees would need to be determined no later than the
September 18th Council meeting in order to send the 2007 Boat Fees
out in a timely manner. He noted that
the most important item to pull out of this evening’s review is that increasing
administrative costs and operating costs will likely result in the need to
increase Boat Fees in 2007 in order to support the increasing cost.
Councilmember
Kask stated that the Boat Committee is scheduled to review the 2007 Marina Fund
Budget and 2007 Boat Fees at their next meeting on September 13th. He stated that this would give the City
Council the opportunity to review their recommendations at the next Council
meeting on September 18th.
7.
DEPARTMENT REPORTS
Police
Chief Gustafson noted that the aerator at Thorpe Park pond has been stolen and
they are working with the Edina Police, who experienced a similar theft in
their community. He noted that the
Department is starting firearm safety training and working with MCE on a car seat
clinic.
Councilmember
Paul Skrede noted that new Fire Chief Scott Gerber would be attending his first
Fire Board meeting at the East Side Station on Wednesday, September 27th
at 6:00 p.m. He stated that this would
provide an excellent opportunity for our Council to meet the new Chief at
around 5:30 p.m.
In
addition, he stated that he has been compiling response time data and noted
that response times in 2004 averaged 10.44 minutes, 9.13 minutes in 2005 and
9.08 minutes through July of 2006. He
stated that he would like to have the opportunity to present further fire
related information to the City Council on September 18th.
Administrator
Young presented the Report of Activities for the month of August. He added that the new Ford Tractor has
arrived and requested that the City Council authorize the sale of the 1990 Ford
Tractor and old drill press at an upcoming auction.
Motion
by Councilmember Crockett to authorize the sale of the 1990 Ford Tractor and
the old drill press at an auction to be held ion the September 21st
by Fred Radde & Sons, Inc. Seconded
by Councilmember Wheaton. Motion carried
5-0.
D.
Administration
Administrator Young provided an update on the filing for municipal office, the October Newsletter, preparations for the upcoming Primary and General Elections and on the remaining review of the 2007 Budget.
Administrator
Young stated that the Council will need to meet on Wednesday, September 13th
to approve the canvass of votes from the Primary Election.
8. ADJOURNMENT
The meeting adjourned at 10:27 p.m.
Respectfully
submitted,
Dana
H. Young
City
Administrator