DEEPHAVEN CITY COUNCIL MEETING
MONDAY,
OCTOBER 15, 2007
MINUTES
1.
CALL MEETING TO ORDER: Mayor Paul Skrede called the
meeting to order at 7:00 p.m.
PRESENT: Mayor Paul Skrede, Council members Steve Adams, John Wheaton, Keith Kask and Kim Crockett
STAFF: Police Chief Cory Johnson, Zoning
Coordinator Gus Karpas and City Administrator Dana Young
2.
PLEDGE OF ALLEGIANCE
The
Council recited the Pledge of Allegiance.
3.
APPROVE CONSENT AGENDA
Councilmember
Crockett requested that Item 3.D. Appoint Jim Van Bergen & Roy Quaintance
to Boat Committee be moved from the Consent Agenda to Unfinished Business.
Motion
by Councilmember Adams to approve the Consent Agenda, consisting of the
following items:
A. October 1, 2007 Minutes
B. Accept Resignation of Woody
Woodburn, Park Committee
C. Approve One-Year
Probationary Period for Officer Ben Nordell
Seconded
by Councilmember Kask. Councilmember
Crockett abstained. Motion carried
4-0-1.
4.
MATTERS FROM THE FLOOR
There
were no Matters from the Floor this evening.
5.
PLANNING & ZONING
REQUESTS
A. VARIANCE – Mark and Julie Klauer, 4635 Old
Kent Road, (R-3, 20,000) variance request to
construct a screened accessory structure within the required rear yard
setback. The requested variance is to
construct the entire structure within the required twenty-five foot rear yard
setback. The structure would be located
seven feet from the rear property line.
Mayor
Skrede commented that this request was continued, by the request of the
applicant from the October 1st meeting so that it could be heard by
the full Council, since it appeared the request would have received a tied
vote, which essentially is a denial of the request. Zoning Coordinator Karpas added that since
that meeting, he has received a letter from Rob and Kelly Morton, 4715 Old Kent
Road, indicating they were supportive of the request.
Mayor
Skrede asked if there was any further discussion. Councilmember Crockett noted that she had
been absent from the October 1st meeting, but that she reviewed the
minutes, spoke to other Councilmembers and visited the site. Crockett asked if any of the Councilmembers
had changed their position from the October 1st meeting. The Councilmembers indicated they hadn’t.
Councilmember
Crockett said it is times like this when being a Councilmember is
difficult. She is torn between a
property owner’s right to use their property as they see fit and the provisions
in the ordinance requiring a hardship be demonstrated. She feels ordinances are created to protect
property owners and seek to minimize conflict.
The request before the Council appears not to create any conflict. To her, the proposed location is irrelevant;
rather it’s a matter of whether the request is reasonable.
Councilmember
Crockett understands the rationale behind the request and agrees that it is
difficult to enjoy the property after sunset due to the mosquitoes. She does not believe there are design
alternatives and has come to the conclusion to support the request as long as
the rationale is clearly defined to separate it from similar requests. She said her feeling would be different if
she believed the request would cause concerns with adjacent properties, but as
presented, the structure is barely visible from adjacent properties.
Mayor
Skrede agreed with Crockett that any motion for approval must clearly delineate
the rationale.
Councilmember
Kask said he still did not support the request and reminded the Council of the
hardship standard. He said hardship has
to be shown that the property cannot be put to a reasonable use without the
grant of a variance. He said any
property owner located near one of the city’s many water features could use the
argument of mosquito control. He does
not believe it constitutes a hardship.
Kask continued saying that granting of the variance would allow the use
in perpetuity, regardless of changes in the surrounding area, including the
development of the property adjacent to the proposed structure. He said there a number of hardships, such as
a lack of a garage, which the city has historically viewed as a hardship. He said the request in this instance is for
an accessory structure that typically has been viewed with more scrutiny. He believes there are design alternatives and
does not believe the hardship criteria has been met. He is concerned that granting a variance
without a clear hardship would set precedence.
Councilmember
Wheaton said he is concerned about preserving the process. He said the request was reviewed by Staff and
the Planning Commission, both recommending denial for lack of a demonstrated
hardship. He’s concerned with the fact
the request is for an accessory structure, which he believes, can be located
elsewhere on the property. He said if
there was no other design alternatives available, he would be supportive. He said current neighbor support is nice, but
the city must also consider the future neighbors.
Councilmember
Adams said he was still in favor of the request, not just because the neighbors
support it, but because it does not affect the enjoyment of adjacent properties. He believes approving the request would not
set precedent due to the unique circumstances of the property.
Councilmember
Crockett agrees that the future use of the adjacent property must be a
consideration and agrees with the spirit of the arguments made by
Councilmembers Kask and Wheaton, but believes in this case, the adjacent
property is unbuildable and does not have a future use. She believes that reality is the unique
circumstance tied to this request.
Councilmember
Crockett moved to approve the variance request to encroach into the required
rear yard setback to construct a detached accessory structure within the
required twenty-five foot rear yard setback, located seven feet from the rear
property line, as amended and presented at 4635 Old Kent Road. A hardship exists in that the request is
reasonable and there is a need to create a protected outdoor space to allow for
the enjoyable use of the property. The
motion is based on the fact there is not foreseeable use or further development
of the adjacent property, lessening the impact of the proposed accessory
structure. Seconded by Councilmember
Adams. Motion carried 3-2. Upon a roll call vote on a motion to approve,
Councilmembers Adams, Crockett and Skrede voted aye. Councilmembers Kask and Wheaton voted nay.
6.
UNFINISHED BUSINESS
A.
Adopt Ordinance No. 11-09,
Amending the Sign Ordinance
Zoning Coordinator Karpas told the Council
that this is the second reading of the proposed sign ordinance. He reminded the Council that the proposed
ordinance was reviewed twice by the Planning Commission and their comments are
reflected in the amended ordinance and that the Commission made a
recommendation that the Council adopt the ordinance.
Mayor
Skrede said he has been in contact with members of the business community
regarding the ordinance and one merchant in particular was concerned about the
restrictive nature of the temporary sign regulations. He said the owner of Bella Pear, Beth Larson,
has obtained temporary sign permits from the city on a consistent basis and
feels limiting the number of opportunities for the permit would be detrimental
to her business. Skrede said the way the
ordinance is written seems to punish those who have consistently been in compliance. He understands the plight many of the city’s
businesses have experienced during the Highway 101 construction project and
feels there should be an initial easing of the restrictions on temporary signs
at this time. He said the Council could
revisit the issue in a year and adjust the ordinance.
Councilmember
Adams exits at 7:26 p.m.
Councilmember
Crockett feels the length allowed for temporary signs is too long. Councilmember Kask agreed stating that four
45-day permits would allow a sign for 180 days, which in his mind is no longer
a temporary sign. Crockett agreed and
suggested that the number of permitted permits be increased, but the length of
time lessened.
Mayor
Skrede agreed that more permits for shorter time periods may be effective. Again he is trying to be sympathetic to the
business owners. He would like to be
sensitive without being overbearing.
The
Council discussed varying time periods for temporary signs and agreed that
whatever format used for temporary signs must be enforceable. Councilmember Kask said the sign ordinance is
a moving target in that the city cannot anticipate the needs of each individual
business and that a number has to be selected that is workable with city staff.
Mayor
Skrede summarized the discussion stating that it was agreed that the ordinance
would be initially adopted with more permits authorized for shorter time
periods with the understanding that it would be reviewed and potentially
revised at a later date.
The Council agreed and it was noted that business owners in the city face unique challenges based on
the nature of the business district and that the Council needs to adopt a reasonable ordinance that
allows them to do business while protecting the character of the community. Councilmember Crockett
wondered if the generous nature of the existing ordinance in terms of temporary signs has encouraged
landlords from upgrading their existing signage.
Councilmember
Crockett added that the signs that bother her the most are those advertising
various services which are just stuck on private property and public right of
way without permission. Zoning Coordinator Karpas said those are addressed in
the ordinance as prohibited signs since they are considered commercial speech
and are not allowed on residentially zoned property.
Councilmember
Crockett suggested that there should be a clarification on exempted real estate
signs, stating that they are to be located on the property to be sold or
leased. Mayor Skrede suggested a
grammatical change in that same provision removing the term “all” before real
estate signs in the first sentence.
Motion
by Councilmember Wheaton to adopt Ordinance No. 13-45, An Ordinance Amending
Section 1115, Regulation of Signs, including the amendment of the temporary
sign provisions allowing for six, thirty day permits in a calendar year. The motion is conditioned that the Council
will review the temporary sign provisions in one year to address the need to
amend them. Seconded by Councilmember Kask. Motion carried 4-0-1. Councilmember Adams was not present to vote
on the motion.
Mayor
Skrede stated for the record that Councilmember Adams was supportive of the
proposed ordinance as presented, along with the amendment of the temporary sign
provisions.
B.
Adopt Resolution No. 31-07,
Authorizing Payment in Lieu of Group Health Coverage
Motion
by Councilmember Kask to adopt Resolution No. 31-07, A Resolution Authorizing
Payment in Lieu of Group Health Coverage.
Seconded by Councilmember Crockett.
Motion carried 4-0.
Councilmember
Crockett recommended that any employee waiving group health coverage should
also be fully aware that they would not have the opportunity to enroll back
into the City’s group health provider until the next enrollment period.
C.
Authorize Advertisement for
Bids for Fairhomes Storm Sewer Project
Administrator Young stated that there is an existing 24” storm sewer line that extends from a catch basin in the cul-de-sac on Honeysuckle Lane that outlets into an open ditch about halfway down the hill towards Fairhomes Lane. The open ditch extends to an underground pipe that channels all the water runoff into a wetland area.
He
stated that the Public Works Committee has identified several problems with the
existing storm sewer system. First, the
existing 24” storm sewer line is deteriorating and should be replaced. And second, there is a significant amount of
above ground water runoff that outlets from the existing pipe, which is causing
erosion problems and also presents a potential hazard due to the large quantity
of surface runoff. He stated that the
Public Works Committee has recommended repairing the storm sewer line by
replacing the existing line and extending a new line to Fairhomes Lane at an
estimated cost of $74,119.50. He added
that the project would be bid this fall with the work commencing next year.
Mayor
Skrede stated that there are sufficient funds within the Storm Sewer Fund to
fund this project and that the City’s storm sewer rates have been developed for
the purpose of repairing these problem areas in our storm sewer system.
Motion
by Councilmember Crockett to authorize plans and specifications and the
advertisement for bids for the Fairhomes Storm Sewer Project. Seconded by Councilmember Wheaton. Motion carried 4-0.
D.
Approve Bid on the
Installation of Ten New Docks
Administrator Young stated that the Public Works Committee has recommended that it would be in the City’s best interest to contract the installation of the ten new docks at St. Louis Bay rather than having our public works crew undertake the project. He stated that the depth of the water extending off of the current docks requires longer than usual pilings of 35’ – 40’ to ensure a solid dock, which would make the dock much more difficult for our crew in install.
He
stated that the Boat Committee reviewed the following quotes on the
construction of the new docks at their October 10th meeting:
Bidder Amount
Minnetonka Portable Dredging $28,125.00
He
stated that the Boat Committee has recommended approval of the bid submitted by
Minnetonka Portable Dredging in the amount of $28,125.00, including an
additional $2,400.00 for the installation of six tie posts.
Motion
by Councilmember Wheaton to approve the bid submitted by Minnetonka Portable
Dredging in the amount of $30,525.00 for the installation of ten new dock slips
in St. Louis Bay. Seconded by
Councilmember Kask. Motion carried 4-0.
David
Gross cautioned that the City should check with the LMCD staff on whether the
six tie posts would be permitted since it was not included on the original plan
the City submitted to the LMCD.
E.
Other
LMCD
Liaison David Gross was present to provide an update on recent LMCD
activities. He stated that the LMCD has
been dealing with the following issues:
·
Board turnover has been fairly high recently as approximately 1/3 of
the members have decided to step down from the Board.
·
The LMCD has been dragged into a number of neighborhood disputes
resulting in several lawsuits in
Greenwood, Woodland and Wayzata.
·
The Boat Density Subcommittee has ground to a halt as public meetings
have indicated more public support for enforcement of current ordinances rather
than the development of new ordinances.
·
A new Environmental Subcommittee has been formed with David Gross as
Chairman to introduce environmental issues into the permitting process. As a result, discussion is underway on
limiting the amount of lakeshore that can be counted as permitted lakeshore
depending on whether on the water depth or if the lakeshore is a lagoon or
wetlands.
The
Council thanked Mr. Gross for his continuing efforts on the LMCD.
F.
Appoint Jim Van Bergen &
Roy Quaintance to Boat Committee
Discussion
resumed on the appointment of Jim Van Bergen & Roy Quaintance to the Boat
Committee.
Councilmember
Crockett asked Pete Onstad, member of the Boat Committee, if the candidates for
the position were asked for their views on term limits or the use of market
rates during the interview process.
Pete
Onstad stated that these questions did not come up specifically as the
candidates were asked questions of a more general nature. He stated that the Committee recommended the
appointment of Jim Van Bergen and Roy Quaintance because both candidates seemed
open-minded and both had an interest in
serving in the best interest of the City.
Motion
by Councilmember Kask to appoint Jim Van Bergen to fill the immediate vacancy
in the Boat Committee caused by the resignation of John Finn and to appoint Roy
Quaintance to fill the upcoming vacancy in February 2008 to fill the expiring
term of Ed Towey. Seconded by
Councilmember Wheaton. Motion carried
4-0.
7.
NEW BUSINESS
A.
Review Waste Management
Contract Extension Offer
Mike
Trulson, representing Waste Management, was present to discuss Waste
Management’s offer to extend the current contract with the City of Deephaven
for three years. He stated that
Deephaven is a very interesting community to work in and one of the few
communities that requires the smaller packer trucks and the provision of
garbage service from driveways.
He
stated that one of the more significant components to their offer is the
inclusion of a fuel charge. He stated
that fuel costs total approximately 50% of their maintenance costs and it has
become increasingly difficult to estimate the impact of diesel fuel costs due
to their variability. He stated that the
fuel charge would be imposed depending on the average fuel charge that is given
on a federal website that provides the average diesel fuel price for the
Midwest region.
Councilmember
Kask asked if there would be a specific line item showing the fuel charge on
the quarterly billing? Mike Trulson
stated that it would.
Mayor
Skrede stated the he certainly understands the need for a fuel charge but felt
that it would certainly be an item that would be confusing for residents to see
their garbage bills vary each quarter.
He stated that he didn’t know if he would favor a fuel charge as part of
a contract extension. He stated that he
would rather see a fuel charge incorporated into the rate rather than having a
separate variable fuel charge.
Mike
Trulson agreed that fuel charges can be confusing to the public but noted that
almost every municipal contract now includes a fuel charge.
Councilmember
Wheaton noted that the cost for the 64-gallon container and the 96-gallon
container for Deephaven residents is appreciably higher than rates charged by
Waste Management in other cities.
Mike
Trulson stated that the approximately 80% of Deephaven residents are at the
64-gallon rate and that the longer driveways and lack of housing density is
what has increased the cost of service in Deephaven.
Councilmember
Kask agreed that the fuel charge might be unduly confusing due to the
potential fluctuations from quarter to
quarter and would also prefer a more straightforward proposal.
Mike
Trulson stated that he could certainly understand the Council’s concern but the
fuel charge was a directive from management and he did not have the authority
to revise the proposal this evening.
Mayor
Skrede recommended that City Staff and Waste Management representatives meet to
try to simplify the proposal and return with a revised proposal to the City
Council on November 5th.
B.
Review Capital Improvement
Plan
Administrator
Young presented the 2008-2017 Capital Improvement Plan for Council review.
C.
Review 2008 Park Improvement
Fund, Marina Fund & Recycling Fund Budgets
Administrator
Young presented the 2008 Park Improvement Fund Budget, 2008 Marina Fund Budget,
and 2008 Recycling Fund Budget for Council review.
8.
REPORTS FROM STANDING
COMMITTEES
A.
Public Works Committee
Administrator
Young presented a review of the Public Works Committee meeting held on October
3, 2007 on the following items:
·
Traffic control issues at Deephaven Elementary School
·
Cat control complaint
·
Ridgewood Road speeding complaint
·
Honeysuckle / Fairhomes Storm Sewer Project Update
·
Rutledge / Northome / Azure Storm Sewer Project Update
·
Review of the proposed Storm Water Management Ordinance
·
Pedestrian / Bike path to Robinson’s Bay Road / Co. Rd. 101
·
Water meter installations
B. Park Committee
Park Committee Liaison John Wheaton presented a review of the Park Committee meeting held on October 3, 2007 on the following items:
·
Paddle Tennis Park Improvements
·
Paddle Tennis Court Improvements
·
Deephaven Days recap
·
Resignation of Woody Woodburn
B.
Boat Committee
Boat
Committee Liaison Keith Kask presented a review of the Boat Committee meeting
held on October 3, 2007 on the following items:
·
Candidates for membership on the Boat Committee
·
Proposed bid and design of ten new docks.
·
2008 Marina Fund Budget
·
Action items relating to the mission of the Boat Committee
9.
ADJOURNMENT
Motion
to adjourn by Councilmember Kask, seconded by Councilmember Crockett. Motion carried 4-0. The meeting adjourned at 9:40 p.m.
Respectfully
submitted,
Dana
H. Young
City
Administrator