DEEPHAVEN CITY COUNCIL MEETING
MONDAY, MARCH
19, 2007
MINUTES
1.
CALL MEETING TO ORDER: Mayor Paul Skrede called the meeting to order
at 7:00 p.m.
PRESENT: Mayor Paul Skrede, Councilmembers Kim Crockett, John Wheaton, Keith Kask and Steve Adams
STAFF: Police Chief Virgil Gustafson and
City Administrator Dana Young
2. PLEDGE OF
ALLEGIANCE
The Council recited the Pledge of Allegiance.
3. APPROVE CONSENT
AGENDA
Motion by Councilmember
Wheaton to approve the consent agenda, consisting of the following items:
A. Minutes of March 5, 2007
B. Adopt Resolution No. 10-07,
Est. a Schedule of Administrative Fees
C. Appoint Peggy Beardsley to
Park Committee
Seconded
by Councilmember Crockett. Motion
carried 5-0.
4.
MATTERS FROM THE FLOOR
Jeannie
Strauss, with Minnetonka Community Education, was present to inform the Council
about Yoga Classes that MCE is planning to hold at Robinson’s Bay Beach. She stated that the Yoga Class started two
summers ago at Robinson’s Bay Beach with only 6 participants and has now grown
to 14 participants. She stated that
there would be a total of 6 sessions, held each Wednesday, from June 6 – July
18.
Councilmember
Crockett reiterated the need for the participants to obtain a parking permit or
to park along Northome Avenue and noted that the class appears to be a popular
activity that she would support for the 2007 season.
Councilmember
Wheaton encouraged Jeannie Strauss to meet with the Park Committee to discuss
this issue in the future.
Motion
by Keith Kask to approve the Yoga Classes at Robinson’s Bay Beach as presented
this evening. Seconded by Councilmember
Adams. Motion carried 5-0.
5.
UNFINISHED BUSINESS
A.
Review Boat Committee
Recommendations on St. Louis Bay Dock Plan
Councilmember
Kask stated that the St. Louis Bay dock plan simply proposes the extension of
the existing docks by an additional 10 dock slips of similar construction. He added that if the construction causes a
significant impediment to the use of the St. Louis Bay launch, the Council
could certainly consider a plan that included less dock slips.
Motion
by Councilmember Wheaton to approve the St. Louis Bay dock plan and to
authorize that the plan be submitted to the LMCD for their approval. Seconded by Councilmember Adams. Motion carried 5-0.
B. Adopt Policy on B1 and B2 Slides
Mayor
Skrede stated that this evening’s discussion on the adoption of a policy on B1
and B2 Slides is a continuation from the March 5th Council
worksession. He stated that there have
been a number of different ideas expressed by the City Council on the proposed
policy and would first like to hear from the Council on the proposed policy
before allowing those in attendance to make comments on a proposed policy.
Councilmember
Kask stated that the plan for larger boat slides has been in the works by the
Boat Committee for many months. He
stated that the slides we currently have do not allow for boats with a width in
excess of 5’4” and that there are currently around 20 boats that currently
exceed that 5’4” width standard. He
stated that the Boat Committee had received a number of inquiries from the
public requesting wider boats and the Boat Committee ultimately identified an
area on St. Louis Bay where 20 wider slide spaces could be located.
He
stated that there are two different groups of people that come into play when
considering eligibility for the 20 wider slide spaces. He stated that there are those with boats in
excess of 5’4” who had a boat at a slide prior to May 2004 and those with boats
in excess of 5’4” at a slide after May 2004.
He stated that it is open to debate about how well publicized the 5’4”
width standard was after its adoption in May 2004 and whether those in
violation of the width standard were even aware of the adoption of this
standard. He added that we also don’t
have as good information as we would like concerning the actual length and
width of each boat on the slides.
He
stated that some might state that they have a greater claim to a wider slide
but he is not sure that those residents
with overly wide boats necessarily acted in bad faith. He stated that he believes it would be
draconian to not allow non-conforming boats to have access to the B1 Slides and
would like to achieve a solution that addresses all needs.
Councilmember
Adams agreed that we don’t have complete information on the boats and that we
are certainly missing some important data.
He stated that if we knew the width of each boat, we could simply manage
the slide resource. For this reason, he
stated that we need to find a flexible approach for 2007. He added that we can’t lose sight of the fact
that those people with compliant boats might have wanted a wider boat if they
had the opportunity.
Councilmember
Crockett stated that there are 24 families after May 2004 that purposely
purchased a boat of 5’4” or less in order to be in compliance with the width
requirement. She stated that she doesn’t
want to punish those who didn’t comply but would prefer to reward those
individuals who complied with the width requirement rather than those who, for
whatever reason, did not comply. She
stated that we would be penalizing the compliant residents for doing what we
asked them to do.
Councilmember
Wheaton stated that while ignorance of the law is no excuse, he felt that in
this particular case it is too difficult to judge the intent of those who
purchased a boat after May 2004 in excess of the width requirement. He stated that these individuals could
certainly have noticed the different sized boats on the slides and the mixed
messages on boat width given by staff.
Mayor
Skrede stated that since the Boating Season begins April 1st, the Council
must come to a resolution on this issue this evening in order to get the season
underway. He added that since the
Council won’t be meeting again until April 2nd, we need to put some
sort of policy in place this evening.
Pat
Florance, 3920 Walden Shores Road – Pat Florance stated that the Task Force
that was established several years ago to review a number of boating related
issues recommended the establishment of term limits and higher dock fees in
order to provide equity for all residents in Deephaven. She stated that slides were not a big concern
with the Task Force although larger boats were an issue. She stated that everyone should have a turn
on a slide. She added that the City
should also limit a second resource to buoy permit holders.
John
Gogerty, 18440 Highland Avenue – John Gogerty stated that it was difficult for
him to find a boat with a width of 5’4” or less but it was necessary in order
to not infringe on your neighbor. He
added that the 20 or so people who followed the rules should not be punished by
not having the opportunity for a wider slide space.
Melissa
Anderson, 19170 Rutledge Road – Melissa Anderson stated that she found a
smaller boat that really can’t even go into the main lake because of its
size. She stated that she has a
extremely large boat next to her and she shouldn’t be punished for following
the rules. She stated that if they could
have a wider slide, she would like to have two jet skis on the one wide slide. She added that the Council should be fair to
those who followed the rules.
John
Pearson, 3850 Virginia Avenue – John Pearson stated that his boat is a Boston
Whaler, which is not in compliance with
the width standards. He stated that he
felt the width standard is a mute point because the whaler is one of the safest
small boats that you can purchase and found it difficult to understand why he
would be considered as out of compliance simply because of some date. He stated that the boats that are in
compliance are unsafe and difficult to find.
He added that he gets along well with his neighbors on the slide and
doesn’t have a problem.
Tom
Getz, 3634 Leroy Street – Tom Getz stated that he can only go out with his boat
in the mornings and that it was very difficult for him to find a boat in
compliance with the 5’4” width requirement.
He stated that he really wanted to purchase a 16’ Lund with a width of
5’6” and now he is hearing he could have gotten a wider slide if he only would
have ignored the rules.
Dirk
Bak, 18965 Lake Avenue – Dirk Bak stated that he supports Councilmember
Crockett’s position. He added that he
doesn’t think that those with a dock slip would support term limits and that
the City Council might have to consider grandfathering those current dock slip
holders before implementing term limits.
He stated that he wouldn’t be interested in a wider boat but it would be
nice for those in compliance to have that opportunity.
Bryan
Drumm, 4162 Hillcrest Road – Bryan Drumm stated that when he received a slide
permit in July 2004, he did not receive any notification of the slide width
requirement. He stated that he didn’t
receive any notification of this requirement until 2005. He stated that he has never had an issue with
his neighbor on the slide and did not knowingly purchase a boat that was too
wide.
Tom
Brislin, 3675 Parkway – Tom Brislin stated that he originally had a canoe on a
slide and was informed by the Council that the canoe had to be removed. He stated that he eventually purchased a 6’
wide boat due to the number of wide boats that were already on the slides. He stated that he was not trying to avoid the
width requirement and never received any notification that there was a width
requirement. He added that as of right
now, he could no longer put his boat on the slide.
Jeff
Williams, 19105 Highland – Jeff Williams stated that he would love the
opportunity to have a wider boat on a wider slide but would not want to see
anyone lose their boat or slide. He
stated that he doesn’t have to have a wider slide by 2007 and would like to see
the City accommodate all the bigger boats.
David
Struyk, 3921 Tramore Lane – David Struyk stated that he didn’t see how those
individuals with boats narrower than 5’4” were being penalized. He recommended that the Council simply start
from the beginning of the slide list and ask those who have had a slide the
longest if they would like a B1 Slide.
He stated he might have to get a smaller boat until he would be eligible
for a wider slide. He stated that no one
flagrantly ignored the rules. He added
that if anyone gets a wider slide, the Council should make sure that the
individual gets a boat over 5’4”. He
suggested that the 16’ slides be increased to 18’ in width to allow for three
wider slide spaces of 6’ each.
Jim
Dorf, 3675 Northome Avenue – Jim Dorf stated that his boat would be considered
as grandfathered so he doesn’t really have an issue at stake. He recommended that the Council increase the
overall length of boats on the B1 Slides by 6” to accommodate the number of
boats over 18’ in length.
Chuck
Betz, 18409 Minnetonka Blvd – Chuck Betz stated that he bought a boat one year
ago that is within the slide width limits and considers it a real privilege to
have the opportunity to have a slide space.
He stated that he wished he could have bought a wider boat but doesn’t
understand why ordinances are not followed if they are in place. He stated that he is sure that those with
boats that are not in compliance didn’t intentionally violate the ordinance but
the ordinance was in place at the time they purchased their boats. He added that everyone should have the
opportunity for a wider boat.
Mike
Sikorra, 3890 Monaltrie Avenue - Mike Sikorra stated that his boat is in
compliance but the boats next to him are not.
He stated that he simply deals with the situation and gets along with
his neighbors just fine. He stated that
the boats not in compliance should be grandfathered in because we are neighbors
and should work together.
Mayor
Skrede stated that there are a couple of issues for the Council to
resolve. He stated that there is a group
of residents who obeyed the slide width requirement who might want a wider
slide and there is another group of residents who, for a variety reasons, did
not follow the slide width requirements who would also like to keep their
larger boats. He stated that
Councilmember Kask has developed a wide boat permit that would enable boats
over 5’4” that are not able to obtain a B1 Slide the opportunity to obtain a
wide boat permit. He stated that he
thought that this would be a reasonable compromise.
Councilmember
Crockett asked if there was enough space to issue these wider permits?
Councilmember
Kask stated that staff has been moving boats around on slides for years in
order to accommodate all the different sized boats. He stated that the 20 B1 Slides could be
filled by the 11-19 wider boats that have been grandfathered in prior to May
2004. He stated that after the 20 B1
Slides are created, there would be a total of 16 pallets in St. Louis Bay and
13 pallets in Carson’s Bay that could potentially accommodate a total of 29
wide permit permits. He stated that all
the wide boats at the end of the 2006 Boating Season could be accommodated by
the wide boat permits. He stated that
each permit would cost $50.00 in comparison with the B1 Slides that would cost
$225.00. He added that the Council would
approve and regulate the number of wide boat permits each year and that the
waiting list for the B1 Slides would be determined by the year in which
everyone first obtained their slide.
Councilmember
Crockett asked if the Council would consider it as a compromise solution by
giving a higher priority to those 24 residents who were in compliance with the
slide width requirements.
Councilmember
Wheaton suggested the following priority ranking be established for a B1 Slide:
1. Those boats in excess of the
5’4” width requirement prior to May 2004.
2. Those boats in compliance
with the width requirement after May 2004.
3. Those boats in excess of the
width requirement after May 2004.
4. Those boats in compliance
with the width requirement prior to May 2004.
He
stated that all of those who were not able to obtain a B1 Slide after this
priority list could then apply for a wide boat permit. He added that clear notice must be provided
to all new permit holders that all boats with a width in excess of 5’4” would
not be permitted.
Councilmember
Adams stated that he would propose a policy that combines using the date in
which a resident first obtained a slide as proposed by David Struyk and combining
priority ranking #2 and #3 as suggested by Councilmember Wheaton into one
category. He stated that everyone
subsequent to May 2004 would have the opportunity to obtain a B1 Slide
according to the date that they first accepted a slide and the remainder would
be able to obtain a wide boat permit.
Councilmember
Crockett stated that she would be agreeable to this concept as long as the
residents were not required to obtain a B1 Slide space upon the first offer
from the City. She stated that they
should have the opportunity like all residents to turn it down for the first
time if they’re not ready to acquire a larger boat.
Motion
by Councilmember Adams to adopt a policy on B1 and B2 Slides that contains the
following criteria:
1. The creation of 20 B1 Slides.
2. The creation of up to 29 B2
wide boat permits, the maximum boat width and final number of B2 wide boat
permits to be determined by staff depending on the availability of space.
3. First priority for B1 Slides
and B2 wide boat permits will be given to those residents with a boat width in
excess of 5’4” who accepted a slide prior to May 2004 and with the priority
determined by the date in which they accepted their slide.
4. Second priority for B1
Slides and B2 wide boat permits will be given to those residents granted a
slide after May 2004 and with the priority determined by the date in which they
accepted their slide.
5. Third priority for B1 Slides
and B2 wide boat permits will be given to those residents with a boat width at
or less than 5’4” who accepted a slide prior to May 2004 and with the priority
determined by the date in which they accepted their slide.
6. A B2 wide boat permit fee
will be $50.00 and subject to annual review.
7. The rental fee for a B1
Slide will be $262.50.
8. Winch retrieval systems will
not be required for the 2007 Boating Season.
Seconded
by Councilmember Wheaton. Motion carried
5-0.
Additional
discussion was held on whether buoy permit holders should be prohibited from
obtaining a B1 Slide. The Council
recommended that all future buoy permit holders would be prohibited from
obtaining a B1 Slide but could have eligibility for a wide boat permit.
6.
REPORTS FROM STANDING
COMMITTEES
A.
Public Works Committee
Administrator
Young stated that the Public Works Committee met on March 7th and
the majority of the discussion was held regarding a request from the City of
Minnetonka for payment towards the improvement of Eastwood Road in 2006 in the
amount of $96,960.28. He stated that
further discussion on this request would be held at a future Council meeting.
B.
Park Committee
Councilmember
Wheaton stated that the Park Committee met on March 7th and
recommended the following items for Council approval:
A. Appointment of Peggy
Beardsley to the Park Committee
B. Arbor Day Celebration will
be held on April 29th, 1:00 p.m. at Cottagewood Children’s Park
C. Discussed hiring Warming
House attendants for 2007-2008 at reduced hourly wages
D. Discussed conducting a
review of Thorpe Park benches for potential replacement.
E. Requested that the City
Engineer analyze the breakwater structure at Deephaven Beach to determine
whether it is working properly
He
stated that the next meeting of the Park Committee would be held on Wednesday,
April 12th due to a conflict with spring break.
C. Boat Committee
Councilmember
Kask stated that the recommendations of the Boat Committee from their March 14th
meeting were reviewed earlier this evening.
7.
ADJOURNMENT
Motion
to adjourn by Councilmember Kask, seconded by Councilmember Wheaton. Motion carried 5-0. The meeting adjourned at 10:25 p.m.
Respectfully
submitted,
Dana
Young, City Administrator