DEEPHAVEN CITY COUNCIL
TUESDAY, JULY 11, 2006
7:00 P.M.
Page 1
1. CALL TO ORDER: Mayor Anderson called the meeting to order at 7:00 p.m.
PRESENT: Councilmembers Mayor Tom Anderson, Kim Crockett, Keith Kask, Paul Skrede and John Wheaton
STAFF: City Administrator Dana Young, Police Chief Virgil Gustafson and Zoning Coordinator Gus Karpas
Motion by Councilmember Skrede to approve the consent agenda, consisting of the minutes of June 19th, the verified accounts and the re-appointment of Dan Dyb, Jeff McKinney and Warren Nelson to the Planning Commission. Councilmember Kask seconded. Motion carried 5-0.
3. MATTERS FROM THE FLOOR
Mayor Anderson opened the Matters from the Floor portion of the meeting.
Ann Mertes, Yoga Instructor for Minnetonka Community
Education, said she has been using Robinson’s
Mayor Anderson asked how many of her students drove to the
beach. Ms. Mertes said about four.
Mayor Anderson explained to Ms. Mertes that the intended users of the city’s beaches are the residents of Deephaven and those who purchase parking permits. He feels that she should look to hold her class at a beach that could more easily accommodate her student’s parking needs.
Ms. Mertes clarified there was no issue with her using the beach for her class and that the only concern revolved around the parking. It was noted that city facilities are often used for outside activities and are not limited the resident use.
Councilmember Wheaton suggested that a limitation be placed on the number of students permitted in the class. Ms. Mertes said the class size is limited to eighteen.
Councilmember Crockett said the class is a nice offering by the MCE and suggested Ms. Mertes direct her students to park along Northome and walk to the beach.
Mayor Anderson reiterated his concern about issuing temporary permits that would take away parking spots from residents and those who purchased permits.
Councilmember Kask said he was not inclined to grant the issuance of temporary parking permits in an area with limited parking resources.
The Council declined the request to issue nine temporary parking permits.
Hearing no further comments, the Matters from the Floor portion of the meeting was closed.
4. PUBLIC
HEARINGS
a)
SPECIAL
USE PERMIT – Excelsior Fire District,
Brandy Parker, Captain of the West Side Station, presented the request. She explained that the Planning Commission was presented two options for signage at station and that the one chosen was the existing emblem for the Excelsior Fire District.
Mayor
Councilmember Crockett gave the Planning Commission
report. She said the Commission was
split on the proposed designs in their discussions but voted unanimously to
recommend approval for option two, which included the emblem and the term “
Councilmember Wheaton expressed a desire for the font on the
signage match the font commonly used on the City of
Mayor Anderson asked if there was anyone from the public who wished to speak to the request.
ACTION: Motion by Councilmember Wheaton to approve
the special use request to place signage at
b)
SPECIAL
EVENTS PERMIT –
JoLynn Johnson, President of Crystal Kitchen Center, presented the request. She said they are remodeling the home and would like to include it in the Remodeler’s Showcase held the weekend of October 13-15. She said Councilmember Crockett raised an issue, at the Planning Commission meeting, regarding the need to have someone to direct overflow traffic. She said there would be an employee monitoring and directing traffic for the entire time the event is being held.
Councilmember Crockett gave the Planning Commission report. She said the Commission recommended unanimously that the request be approved. They felt there was adequate parking in the area and based on the limited time scheduled for the event there would be minimal impact on the surrounding area. The approval was conditioned that up to date insurance information be provided to the Council.
Councilmember Crockett expressed some concern about keeping the vehicles of those viewing the home off the yards of surrounding neighbors. She’s not sure how that could be enforced. Chief Gustafson said that typically the police would notify the person holding the event. Crockett suggested having the posted employee monitor the issue. Crockett said she was satisfied with the application and felt the applicant took the responsible approach by working with city staff.
Mayor Anderson asked if there was anyone from the public who wished to speak to the request.
ACTION: Motion by Councilmember Kask to approve the
special events permit request to include
c) SPECIAL USE PERMIT – T-Mobile, (R-3, 20,000) A request to erect a one hundred foot wireless communications tower on the City Hall campus. The location of the tower would be between the south side of the fire station and the LRT trail.
Christopher Coughlin, representing T-Mobile, presented the request. He informed the Council that the Planning Commission had recommended the request for approval after much discussion. He said there was one resident who spoke to the request who had questions unrelated to the proposal, rather questioned how additional carriers would be selected. He said the plan had been amended to include a non-climbable cedar fence and the denotation of additional landscaping directly west of the site.
Councilmember Crockett gave the Planning Commission report. She said the Commission recommended 5-0-1 that the Council approve the request with conditions. Commissioner Linder abstained from the vote over concern about the assumption that has to be made by the city that there would be adequate room for the equipment needs of future co-locators.
Mayor Anderson commented that the city’s designated attorney for this request had a number of issues with the lease agreement. He noted that some concerns where in regards to construction issues such as equipment and access. He said any approval of this request would be conditioned that a mutually acceptable lease agreement is reached. Councilmember Skrede said that the majority of construction concerns would be included as part of the tonight’s approval.
Mr. Coughlin said he has yet to see the comments from the city’s attorney. He said the need for a conditional use permit allows the city to place conditions on the request. Mayor Anderson said he just wouldn’t want to be in a situation of approving something if the lease wasn’t acceptable to the applicant. Mr. Coughlin said he was confident that the issues with the lease could be resolved.
City Administrator Young asked about the storm sewer in the area of the proposed tower. Mr. Coughlin said a notation has been put on the plan indicating it is the contractor’s responsibility to locate and if necessary, relocate for the construction of the tower.
Councilmember Skrede asked what type of fuel the emergency generators used. Mr. Coughlin said that since they are portable, they run on diesel fuel.
Mayor Anderson asked if there was anyone from the public who wished to speak to the request.
Motion by Councilmember Kask to approve the special use
request to construct a hundred-foot wireless communications tower on the City
Hall campus, south of the fire station and north of the LRT Trail. The motion is subject to the conditions
outlined by the Planning Commission, with the additional condition that a
mutually acceptable lease must be agreed to by T-Mobile and the city. Councilmember Wheaton seconded the
motion. The motion carried 5-0. On a motion to approve, Councilmembers
Anderson, Crockett, Kask, Skrede and
d) ORDINANCE AMENDMENT – Recommendation to City Council on ordinances amending Section 1310.03 and 1320.04 of the zoning ordinance to place a time requirement for reconsideration of variance and special use requests acted on by the City Council.
Mayor Anderson said the City Council had been working on the false assumption that if a variance of special use request were denied by the City Council, the applicant would be required to wait a period of one year prior to resubmitting a similar application for consideration. The proposed ordinances would put in place what was assumed to already exist.
Councilmember Crockett gave the Planning Commission report. The Commission recommended unanimously that the City Council not adopt the proposed ordinance language. They felt it was punitive and questioned the rationale behind the proposed ordinance. They did not object to applicants being permitted to re-apply with a similar request.
Councilmember Crockett questioned what was trying to be achieved and whether it was a matter of controlling the quality of applications on part of the Council.
Councilmember Kask said that since the Council was already acting with the presumption the statute was in place, there should be no issue in adopting the language. He said adoption would not have great consequence to the city and would provide closure on requests, at least for a period of one year. He said it could be argued both ways, though he felt it would not be a practical use of Planning Commission and City Council time to continually rehear requests.
Mayor Anderson said there are times when an applicant is looking into purchasing a property and try to use the process to negotiate development of a property. He said that any change to a variance request is technically not the same request and would conceivably not be subject to the proposed ordinance.
Councilmember Crockett questioned if adoption of the ordinance would hinder an applicant’s right to access the planning process.
Councilmember Wheaton said that some residents might want a sense of closure, especially on requests that tend to be more controversial.
Mayor Anderson asked if there was anyone from the public who wished to speak to the request.
Dan Dyb,
Councilmember Skrede said understands the spirit of the proposed ordinance, but he is more concerned about a property having multiple building permits in play at the same time. He said, in rethinking the proposed ordinance, he feels if may be a little harsh to deny an applicant the ability to reapply for further consideration.
Mayor Anderson said his concern is when there may be a denial in which only one vote is the difference. He doesn’t want a situation where the applicant lobbies behind the scene and after the fact to potential change the mind of one of the opposition votes, and then applying for reconsideration. He said that situation is not illegal and well within an applicant’s right. He feels this is the biggest single factor he sees for establishing a time frame for reapplication.
It was noted that the existing ordinances permit an applicant to petition the Council for reconsideration on a 4/5ths vote of the Council.
Councilmember Wheaton believes the ordinance would prevent applicants from “fishing” to get a read on the Council’s attitude for the development of a property. A time restriction would require an applicant to be more serious about their request.
Councilmember Crockett said it would
also increases the seriousness of the Council’s action. She noted it had been used as a hammer in the
past to force the issue.
ACTION: Motion by Councilmember Crockett to adopt the
recommendation of the Planning Commission denying the adoption of Ordinances
No. 13-38 and No. 13-39, amending Sections 1310.03 and 1320.04 of the Zoning
Ordinance placing a time requirement for reconsideration of a variance or
special use request acted on the City Council.
There does not appear to be a clear need for the ordinance
language. Councilmember Anderson
seconded the motion. On a motion to
deny, Councilmembers Anderson and Crockett voted aye. Councilmembers Kask, Skrede and
Mayor Anderson said that until there is a reason to adopt the proposed language, there is no need for it.
ACTION: Motion by Councilmember Kask to approve the
adoption of Ordinance Nos. 13-38 and 13-39, amending Sections 1310.03 and
1320.04 of the Zoning Ordinance placing a time requirement for reconsideration
of a variance request acted on the City Council. The motion is conditioned that the required
time period for re-submittal be lessened to six months. Councilmember Wheaton seconded the
motion. The motion carried 3-2. On a motion to approve, Councilmembers Kask,
Skrede and
Motion by Councilmember Skrede to wave the second reading of Ordinance Nos. 13-38 and13-39. Councilmember Wheaton seconded the motion. Motion carried 5-0.
5. NEW BUSINESS
A. Review Appeals from June 15th Deadline Requirements
City Administrator Young said that Section 900.07(2)(b) of the city code requires that boats be placed on their dock or slide no later than June 15th of each year. He said the Police monitor the use of dock and slips and document violations of the ordinance. He said there were three violations of this policy this year and letters were sent to those in violation. Of the three letters, two have chosen to pursue the appeals process.
Mayor Anderson asked the two residents in attendance to state their appeals.
Dan Dyb,
Councilmember Crockett said these issues are the toughest to deal with. She noted that all a resource holder has to do is contact the city prior to the deadline to inform them that they would not be able to comply with the ordinance. She said the city has always been willing to work with residents. Though a slide may be less valuable than a dock, the rule applies to both equally.
Councilmember Kask said he has rethought his views from last year. He said he is sympathetic to the appeals of the applicant, with the understanding the future infractions would force the city to take their resource away. He noted that these individuals have not come before the city in the past.
Councilmember Wheaton is also sympathetic to the plight of the appeals and agrees the appellant’s circumstances are unique. At the same time, he questions what prevents any number of residents from making an emotional argument for violation of the ordinance. He’s worried about consistency. Consistency is important. He does not want to appear Draconian, but feels expectations should be clear in the ordinance.
Mayor Anderson feels the current policy of taking a resident's resource away for missing the required deadline is too severe. He would support a policy where a fine is assessed for those who miss the deadline. He has been of the belief that the severity of the punishment does not fit the violation, so he tends to support a majority of the appeals. He noted that those who tend to appear before the Council genuinely want the resource.
Councilmember Skrede discussed some past instances where appeals were denied. He would seriously consider an amendment to the ordinance, which attaches a monetary penalty for violation of the deadline. He said that a lot of time and effort is put into managing the city’s resources by staff. He would be supportive of reinstatement of the two individuals before the Council.
Councilmember Wheaton agreed that the penalty needs to fit the violation.
Councilmember Crockett noted there have been exceptions made in the past. She feels she could speak to the stellar character of the individuals before the Council. They put a lot of time into their families and community. She would be amenable to support their reinstatement with the understanding that the Council agrees to look into establishing a monetary penalty. She would like to see different penalties for difference resources to reflect their importance. She does not want to see the city’s resources wasted by having them vacant for over thirty days.
Motion
by Councilmember Skrede to reinstate Dan Dyb to Slide #13,
Mayor Anderson asked if the city was legally entitled to levy a fine against the appellants. City Administrator Young said the city does not have the authority to levy a fine that is not included in the city ordinances. Councilmember Skrede withdrew his motion.
Motion
by Councilmember Kask to reinstate Dan Dyb to Slide #13,
The Council further discussed the concept of a monetary fine for violation of the deadline to have a watercraft placed at a city resource.
Councilmember Kask feels a penalty should be assessed up to June 30th, after that a resource holder would have to submit an appeal to the Council. Each resource holder would be permitted only one appeal.
Mayor Anderson would like to see a monetary penalty in lieu of an appeal. He said the amount of penalty would be based on the length of violation. Essentially, resource holders would lose the right of appeal and be subject to a sliding penalty.
Councilmember Wheaton feels there are some legitimate reasons, which would prevent a resource holder from complying with the ordinance. Mayor Anderson would support a standard procedure for violations. He’s trying to weed out the appeals of those who just “forgot” about the deadline.
The Council directed staff to develop ordinance language for their review.
B. Authorize Purchase of Tractor, Side Flail Arm Mower and Broom
City Administrator Young said the city has budgeted $60,000 for the replacement of the subject equipment. Three bids were received from vendors included on the State contract. The Public Works Committee reviewed all the bids and has recommended that the Council accept the bid before them tonight from Scharber & Sons in the amount of $55,676.83.
Motion by Councilmember Crockett to authorize the purchase of a John Deere 5425 Cab Tractor, MB 7 FT Front Mount Broom and Diamond 75” Side Flail Mower from Scharber & Sons, in the amount of $55,676.83. Councilmember Wheaton seconded the motion. Motion carried 5-0.
C. Approve Goose Removal with The Canada Goose Program
City
Administrator Young said that he has received complaints about he number of
geese and droppings in
Councilmember
Crockett said she hasn’t noticed an increase in the number of droppings in
Councilmember Wheaton questioned the effectiveness of trapping versus hunting. He doesn’t believe the use of traps deters geese from returning to a site.
Councilmember
Crockett said the program should be limited to
Mayor Anderson said he doesn’t see a problem. He believes the situation was much worse in the past and would most likely abstain from the vote.
Councilmember Wheaton doesn’t see the need for a program.
Motion
by Councilmember Kask to authorize a Canadian Goose Program to trap and remove
geese from public property at a cost not to exceed $2,500. The city has not participated in the program
for a number of years and the perceived issue justifies the city’s
participation this year. Councilmember
Skrede seconded the motion. Motion
carried 3-2. On a motion to approve a
Goose Removal Program, Councilmembers Anderson, Kask and Skrede voted aye. Councilmembers Crockett and
D. Pearson Brothers Invoice
City
Administrator Young said the final invoice has come in from Pearson Brothers
for the overlay project. He said it is
approximately four thousand dollars over the bid amount. This can be justified due the errant
exclusion of
Motion by Councilmember Wheaton to authorize payment of $117,128.88 to Pearson Brothers for final payment of the 2006 overlay project. Councilmember Kask seconded the motion. Motion carried _______.
6.
REPORTS
FROM BOARDS, COMMITTEES AND DEPARTMENTS
A. Public Safety
City Administrator Young informed the Council that National Night Out will be held on August 1st and he would encourage Councilmembers to contact the Police Department to participate in neighborhood parties.
Councilmember Skrede said he attended four parties last year and had a pleasant experience. He was able to meet people in their environment and discuss their issues and concerns.
B. Excelsior Fire District
Councilmember Skrede said the District is down to three finalists for the Chief position and there will be a public meeting on July 14th beginning at four. Each finalist will be before the board for one hour. They will be allowed to ask questions of the board for a half-hour and the board will ask them questions for the remainder of the hour.
Councilmember Crockett asked if the candidates would present themselves to each Council individually. Councilmember Skrede said there was no plan to do so. Crockett asked what type of input does an elected representative have in the process. Skrede said all questions for a candidate should be submitted to the city’s Board representative.
Councilmember Skrede explained the hiring process to date and the anticipated process from this date forward. Councilmember Crockett asked if the public would be allowed to ask the candidates questions. Administrator Young said they would not and that all candidates must be asked the same questions in the interest of fairness.
City Administrator Young informed the Council that the proposed budget had been received from the Fire District. He said there would be an overall increase in the budget and that the increases are explained on the first page of the budget.
Councilmember Skrede said he has some issues with the proposed budget that he will address with the Board. He noted that the budget is predicated on paying the new Chief at the high end of the pay scale and there seem to be some questions with the operating budget. He feels that some of the tactics used in the budget is putting the Fire District on a slippery slope.
Administrator Young said the Council would need to make a recommendation on the proposed budget by August 7th.
C. Public Works
City Administrator Young presented the schedule of activity for the months of June and July for Council review. There were no questions.
D. Administration
Administrator
Young provided an update to the Council on the upcoming request by the
Mayor Anderson discussed the potential benefit to the city in switching providers. He said the city had the ability to set the amount of deductible that would be paid by the city and depending on the percentages, there could be substantial savings. He noted that employees would also benefit in that their remaining co-pay amounts roll over to the next year.
E.
Other
Councilmember
Wheaton reminded the Council that the second annual Deephaven Days will be held
on Saturday, August 12th at
ADJOURNMENT
The meeting adjourned at
9:20 p.m.
Respectively submitted,
Gus Karpas
Zoning Coordinator