DEEPHAVEN CITY COUNCIL

MONDAY, OCTOBER 16, 2006

7:00 P.M.

 

 

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

 

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

 

STAFF:            Police Chief Virgil Gustafson and City Administrator Dana Young

 

2.                  APPROVE CONSENT AGENDA

 

Motion by Councilmember Skrede to approve the consent agenda, consisting of the minutes of October 2, 2006, the appointment of Michael Kelly and John Finn to the Boat Committee effective February 2007, and the approval of a Special Council meeting to be held on November 9th for the canvass of votes at the November 7th General Election.  Seconded by Councilmember Kask.  Motion carried 5-0.

 

3.                  MATTERS FROM THE FLOOR

 

There were no comments during Matters from the Floor.

 

4.                  PUBLIC MEETING ON ST. LOUIS BAY DOCK PLAN

 

Mayor Anderson stated that the discussion this evening only concerns the St. Louis Bay dock plan and that Councilmember Kask would present the plan on behalf of the Boat Committee to the public.

 

Councilmember Kask provided a brief overview of the St. Louis Bay dock plan.  He stated that the assignment given to the Boat Committee was to review the adequacy of the docks and the plan that we are reviewing this evening addresses St. Louis Bay.  He stated that the plan allows for larger boats to be placed on slides in recognition of the fact that not many newer boats can meet the current 5’4” width requirements.  He stated that the most desired amenity are dock slips, where there are 80 slips available and 376 residents on the waiting list.  He stated that there is less demand for the slides, where there are 117 slides available with 107 residents on the waiting list.

 

He stated that the intent of the Boat Committee with their plan is to reflect the kind of boat that people are buying and to try to satisfy demand.  He added that the biggest constraint is geography, space is simply not available to accommodate all the demand.  He stated that the docks are aging but are cost effective since they are maintained by the public works crew.  He stated that there are three plans to be reviewed this evening.

 

He stated that Option #1 eliminates shore space south of the beach, which improves sight lines for those using the beach.  He stated that the Park Committee could create some use for this area, such as a boardwalk or a drop off & pick up area for boats.  Shore space permit holders would then be accommodated on the new docks.  The plan also includes the conversion of slides to accommodate larger boats since it is not realistic to have spaces for undersized boats.  He stated that the main disadvantage of this option is that it would require a substantial walk for those on the far end of the dock.

 

He stated that Option #2 also eliminates Shore Space and has a navigation lane, which would keep boats away from the beach area.  The problem with this plan might be the width of the navigation lane, which might require smaller boats to be on the inner side of the docks.

 

He stated that Option #3 shortens the walk and opens the navigation lane to the north as well as the south.  This plan, like the other two, also eliminates the shore space, adds wider slides and would continue the use of the boat ramp.  In addressing the breakwater structure, he stated that the structure was designed to control sand erosion to the north and discussion has been held on installing a swimming platform to cover it.

 

He concluded by thanking the Boat Committee for looking at many different options and for two years of hard work that had culminated in these three plans that addresses the adequacy of marina resources.

 

Mayor Anderson stated that the plans incorporate a number of ideas that came from residents a number of year’s back and the proposed changes do not increase the number of boat storage units in St. Louis Bay.  The plans consolidate resources, free up an area for recreational uses and propose to widen slides to accommodate larger boats.

 

Councilmember Skrede stated that the reviewany implementation of the plans would require a number of different planning processes including a review before the LMCD.

 

Mayor Anderson invited the public to provide their comments regarding the three plans.

 

Maggie Corens, 18545 Lake Avenue, thanked the Boat Committee for their work and asked if the reduction in the number of slides would require people to volunteer to give up their slide.  Mayor Anderson stated that it is not uncommon to go 74 people deep into the slide waiting list since slides don’t have nearly the same demand as boat slips.  He stated that it is possible there areis more slides than demand.

 

Dennis Stanga, 3610 Montgomerie Avenue, inquired about the timing of this project.  Councilmember Kask stated that in a perfect world, construction could happen in 2007 but the plan still has to be approved before the LMCD.

 

John Jaffrey, 19040 Azure Road, stated that he wished there was an easier way to make this work better for the 250 or so people on the waiting list.

 

Mayor Anderson stated that a separate Town Hall meeting could be held on lease limits, on the proper balance and demand for spaces, and to discuss any other item that impacts boats.

 

Lois Boisclair, 19400 Azure Road, stated that she has several concerns regarding the proposed plans.  First, that there is an existing easement against her property requiring setbacks that would be effected by Option #3.  Mayor Anderson stated that the plan would not encroach any further on the north setbacks.  Second, she felt that shore space would be the best and highest use for the land south of the beach.

 

Steve Merjanian, 18275 Hummingbird Lane, stated that he would like to see the shore space remain and that he and his shore space neighbor have already purchased a new crepeau dock.  He added that there is no additional parking on the north side for the additional docks and wondered why the shore space fees increased so dramatically.

 

George Theur, asked about the cost of construction for these three options.  He stated that he doesn’t understand why the shore space needs to be removed and that people at the beach shouldn’t be concerned with sight lines, they should be keeping an eye on their children.

 

Councilmember Kask stated that the Council keeps a close eye on the budget and that he noticed last year that an increase in fees would be needed this year to support expenditures.  He noted that our fees are well below those fees charged in other communities and the fees needed to be increased to cover costs.  He added that cash reserves in the Marina Fund are there to cover dock replacement.  He stated that it was estimated that the new dock would be constructed using 4’ x 4’ construction similar to our old docks and would cost $1,000 - $1,500 per slip.

 

Councilmember Crockett added that the other benefit of constructing the new docks similar to the style  of our existing docks is that our public works crew can maintain the new docks.

 

Councilmember Skrede stated that the Marina Fund has a cash balance of $185,000 that is available for construction and maintenance.  He stated that the new rates would bring in $118,000 and along with interest income result in $124,000 in revenues in 2007.  However, there are expected to be $128,000 in expenses after raising rates due to the costs of police monitoring the boats, engineering costs and the salaries of public works and administration that are charged against the Marina Fund.

 

Jennifer Young, 20035 Lakeview Avenue - stated that she was concerned with the proximity of the proposed docks to the swimming area.  She also stated that the 5’4” maximum width requirements effectively outlaws Boston Whalers on City docks since most Whalers are at least 5’5” wide and less than 16’ long.  She stated that under the current requirements, Boston Whalers are too wide for slides and too short for docks.  She added that moving the extra wide boats from Carson’s Bay to St. Louis Bay may not be practical due to the fact that people might need to access their sailboats in Carson’s Bay.

 

Joe Haugsland, 4240 Northern Road, stated that in regards to Option #2, moving some buoys to the west might open up a better lane.  He asked if there were any plans for Carson’s Bay?  Mayor Anderson stated Carson’s Bay is next on the list.

 

Paul Ahern, 3260 Maplewood Road, stated that he would recommend placing stacks on the sports court and hiring a dockmaster to really optimize the number of residents having access to the lake.

 

David Paulson, Chairman of the Boat Committee, 20580 Carson Road, stated that the Committee had discussed that possibility but decided not to recommend the idea since it was felt that the idea would never be approved.

 

Dan Nelson, 3955 Walden Shores Road, stated that the space available for launching or unloading boats under the new dock plans would be very limited.  He stated that he would prefer to see more boat storage units rather than fewer and recommended that the City install their own dock as a replacement for the shore space docks.  He added that canoes are exactly what you would like to have on the B2 slides due to their widths but 17’ long canoes would be prohibited due to their length.

 

J.R. Tapper, 4765 Maple Chase, stated that there are two problems with the south end of St. Louis Bay in that neither the Walden dock nor Yacht Club docks are shown.  He added that the Yacht Club dock is the only quasi-public dock access to Deephaven and would not like to see it removed.

 

Mayor Anderson stated that the Yacht Club wouldn’t lose their dock, it would remain at its present location unless a boardwalk was installed.

 

J.R. Tapper also voiced concern regarding the availability of boats accessing their slips due to the proposed navigation lane and the shallowness of the water.

 

David Rogers, 3865 Talton Place, stated that he supported more space rather than deleting space.  The shore space are very attractive, another boardwalk is not needed and would like to keep the shore space for longer boats.  He added that the proposed dock plans would make the use of the boat ramp for cars and snowmobiles during the winter difficult.

 

Marc Gross, 4905 Highcrest Drive, stated that he supports the Boat Committee’s options but challenges the Committee to use all the licensed slips.  He added that he felt that we could manage the waiting list better.

 

Howard Bennis, 18650 Minnetonka Blvd, thanked the Boat Committee for addressing the issues.  He stated that he liked the idea of wider slides to address larger boats.  He stated that Option #3 had been discussed years ago but was discarded because you couldn’t drive boats around the north end.  For that reason, Option #3 may not work.  Option #2 would work well if you realigned the boat ramp and the navigation lane.  He recommended that the Committee consider 3’ fingers rather than the proposed 2’ fingers.  He stated that 2’ fingers would be a little too narrow when trying to get off of a boat or carrying items to your boat.

 

Kathe Flynn, 19155 Lake Avenue – stated that the beauty of Deephaven is just as important as boats.  She questioned the view driving down Lake Avenue with two rows of big boats.  She was concerned with the maneuvering of boats when launching or during high winds.  She stated that she doesn’t have a problem with the shore spaces because they are only there for seven months and the new docks would be there year round.  She stated that it would be better to break up boats rather than put them all at the north end of the Bay, causing visual obstruction.  She added that she doesn’t like the boardwalk as it would promote more porta potty use and fishing.  She stated that she would recommend doing nothing except maybe increasing slides.

 

Councilmember Crockett stated that the idea for eliminating the shore space came from the Task Force, to enhance the view of the Yacht Club and beyond.  Kathe Flynn stated that it was not a shore space problem, it was problem with the visibility of the new docks that were proposed in this location.

 

Mayor Anderson disagreed with Kathe Flynn’s statement and stated that there were a number of objections two or three years ago regarding the shore space.  Kathe Flynn stated that the large dock system was opposed and the Task Force didn’t want to sacrifice aesthetics for more dock slips.  Lois Boisclair stated the issue was in respect to the new dock configuration, not the shore space.

 

Mayor Anderson stated that he clearly remembers discussions on removing shore space.  

 

David Gross, 19700 Lakeview Avenue, stated that from the LMCD’s viewpoint, they would want Deephaven to get what it would like in terms of dock space.  The LMCD would require a new license and a new variance and would work with City staff on the request.  He added that the LMCD actually prefers dock clusters rather than having docks spread out along the shoreline for environmental reasons and stated that the size and length of boats on slides are to the discretion of the City since they are unregulated by the LMCD.   

   

Dick Browaun, 19155 Azure Road, stated that there should be an opening in front of the launch.  He e added that we don’t need fancy docks.

 

Woody Jewett, 3605 Parkway, stated that he would be part of the group that favors doing nothing.  He stated that there are not hundreds of people asking for the removal of the shore space and the Council should wait 3-5 years after putting into effect higher fees to see what happens with the waiting list.  He stated that the breakwater structure provides one of the worst sight lines and asked why a fishing dock has not been added to it?  Clearing away the shore space docks is ludicrous and the consistency of the shore space docks is very good.  He stated that people are opposed to expansion in St. Louis Bay and the Council has it in their mind to expand St. Louis Bay docks.  He stated that he likes our current wooden docks, likes how our public works crew maintains the docks and would prefer that the City leave everything the way they areit is.  He stated that there is not as much pressure for slides and recommended working with people with wider or more narrow boats to make them all fit.  He added that there is pressure from people on waiting lists but there are other options such as using a trailer or leasing elsewhere.

 

David Paulson, 20580 Carson Road – He stated that he is the Chairman of the Boat Committee and does not have a boating resource at all.  He stated that he gave back his slide space last year because he felt a certain element of responsibility that he wasn’t using the space as much as he should.  He stated that the primary goal of the Boat Committee is to find a way to use the marina resources for as many residents as possible.  We do not connive to annoy our residents.  He stated that everyone needs to come more frequently to our Boat Committee meeting to see how hard we work on these plans and the attempt to equitably distribute these resources.  He stated that every single issue that we propose is a compromise.  The problem with keeping the status quo is that it keeps changing.  He stated that the Committee has tried to adhere to the demands and wishes of the community, such as expanding the slides, because you always need to make adjustments for our customers.  Any one of the three plans would not be a bad idea unless anything we do is not acceptable.  He stated that the Committee has come up with a compromise on rates, listened to all on this issue and have come up with a decision that deals with a finite resource.  It is a plan that is meeting the demands of our residents and is as close as we can get to a really good plan.

 

Jennifer Young, 20035 Lakeview Avenue, stated that the Park Committee has recommended researching the breakwater structure to confirm that it is doing what it is suppose to be doing.

 

Peter Thompson, 3925 Walden Lane, thanked the Boat Committee and City Council.  He stated that the plan for the slides is a good idea but doesn’t know if there is a problem with the docks and shore space.  He stated that the plan appears to just be rearranging the deck chairs.  He stated that the real problem is the need to readjust the waiting list.  It is not fair or equitable.

 

Councilmember Crockett stated that the issue regarding lease limits has been put off and is now on the agenda for November 6th.  She stated that the introduction of reasonable term limits would dissipate some of the angst.

 

Mayor Anderson stated that he would like to have the Boat Committee consider and incorporate the comments made this evening and return it to the Council for discussion on whether to proceed.

 

Councilmember Kask expressed concern about discussing term limits at the November 6th meeting due to the large number of people who are resource holders and the inadequacy of City Hall to handle such a potentially large meeting.  He stated that we need a larger venue for such a meeting and that it is the duty of the Council to provide an accessible location for the public.  He stated that he would be supportive of holding a discussion on November 6th if it were for brainstorming only but not if it goes to a vote.  The Council agreed that the November 6th meeting would be to discuss the issue of term limits only, especially since Mayor Anderson would not be in attendance for that meeting.

 

5.                  UNFINISHED BUSINESS

 

A.                 Update on Home Occupation at 19380 Lake Avenue (Steve Arundel)

 

City Assessor Dan Distel stated that he met with Steve Arundel and his attorney last week and offered him 50% homestead after he was satisfied that Mr. Arundel would make 19380 Lake Avenue his primary residence.  He stated that he is only offering 50% homestead since Mr. Arundel’s wife is intending to live in Eden Prairie.  He stated that at this point, he has no reason not to believe that Mr. Arundel will not live at this address.  He added that he would have to periodically check to confirm that he is indeed residing at this address, which is something that he has never had to do in all his years as the City Assessor.

 

Councilmember Skrede stated that given that you have never done this before, why are you agreeing to do it in this case?

 

Dan Distel stated that there are no exact rules regarding the granting of homestead.  However, Mr. Arundel has changed his driver’s license and registered to vote in Deephaven and does not have any other homesteaded property.  He stated that the decision ultimately comes down to him and since he has been told it would be his primary residence and that he would live there, he is inclined to believe Mr. Arundel.  He stated that he wants to be consistent in this matter and to how he would treat other residents.

 

Councilmember Wheaton stated that he received an email from Mr. Arundel, in which he mentioned could be shared with the Council, that he intended to move this spring.

 

Mayor Anderson asked City Assessor Distel to review the email to see if it would have any effect on his decision to grant Mr. Arundel 50% homestead.

 

6.                  REPORTS FROM STANDING COMMITTEES

 

Councilmember Crockett stated that she had read the minutes from the Public Works Committee, Park Committee and Boat Committee and asked that the Council dispense with the review of the minutes.

The Council agreed.

 

7.1.            ADJOURNMENT

 

Motion to adjourn by Councilmember Wheaton, seconded by Councilmember Kask.  Motion carried 5-0.  The meeting adjourned at 10:10 p.m.

 

 

Respectfully submitted,

 

 

Dana H. Young

City Administrator