DEEPHAVEN CITY COUNCIL MEETING

MONDAY, NOVEMBER 5, 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

 

Motion by Councilmember Crockett to approve the Consent Agenda, consisting of the following items:

 

A.    Approve October 15, 2007 Minutes

B.     Approve Monthly Verifieds

C.     Authorize Final Payment to Hennepin County for Bridge Repair ($28,696.40)

D.    Authorize Thorpe Park Lighting Project for 2007

 

Seconded by Councilmember Kask.  Motion carried 4-0.

 

Councilmember Adams enters at 7:01 p.m.

 

4.                  MATTERS FROM THE FLOOR

 

There were no Matters from the Floor this evening.

 

5.                  UNFINISHED BUSINESS

 

A.                Review Waste Management Contract Extension Offer

 

Administrator Young provided a brief review of Waste Management’s proposal for a three-year contract extension.  He stated that at the last Council meeting on October 15th, Waste Management had offered a 0% increase in 2008, with a $0.42 increase in Single Sort Recycling and a rate increase of 2% or at the Consumer Price Index, whichever is less, for 2009 and 2010.  In addition, Waste Management also proposed a fuel charge that could increase the rates up to 4% depending on the price of diesel fuel.

 

Administrator Young stated that the Council expressed concern at that meeting regarding the variability of the proposed rates offered by Waste Management and requested that Waste Management consider a more simplified approach.

 

Mayor Skrede and staff met with Pam Fleischacker, Municipal Marketing Manager with Waste Management, and negotiated the following revised rates for a three-year contract extension:

 

·         A $.042 increase in Single Sort Recycling in 2008, no change in 2009 – 2010.

·         Yard Waste to remain at $6.00 per month from 2008 – 2010.

·         Garbage rates to increase 2% per year in 2008, 2009 and 2010.

 

Motion by Councilmember Wheaton to approve the 2008-2010 Addendum to Refuse, Compost and Recycling Pickup Service Contract with Waste Management.  Seconded by Councilmember Crockett.  

Motion carried 5-0.

 

B.                 Approve City of Minnetonka Payment Request

 

Administrator Young stated that there had been quite a bit of discussion at the October 15th Council Worksession concerning the Eastwood Road project and the city of Minnetonka’s request for reimbursement for the work performed on the Deephaven side of the road. 

 

He stated that there appeared to be a general consensus at the conclusion of the Worksession over several issues.  First, the City Council would likely have approved a mill & overlay and storm sewer repair for Eastwood Road had we been allowed to participate in the design.  Second, there is a general sense of obligation to reimburse Minnetonka for those improvements that were made within the city of Deephaven.  Third, the amount of the proposed contribution should not be arbitrary but should be based on the costs of a mill & overlay ($25,163.70) and storm water repairs ($15,669.44) as provided in Minnetonka’s cost summary.  And fourth, the $15,669.44 in storm water repairs could be paid to Minnetonka in 2008 and the $25,163.70 in street costs could be paid to Minnetonka in 2009.

 

Mayor Skrede stated that there never was a Council to Council discussion on this project and felt that there was extremely poor communication from Minnetonka throughout the project.  He added that he felt there was justification to reimburse Minnetonka for the storm water improvements on Eastwood Road and that he would not have objected to a mill & overlay street project as long as our residents hadn’t objected.

 

Councilmember Crockett stated that she felt that the decision to reimburse Minnetonka for this project showed a lot of integrity by the City Council especially in light of how the project had transpired.

 

Motion by Councilmember Crockett to authorize payment to the city of Minnetonka for the Eastwood Road Project in the amount of $40,833.14 with $15,669.44 payable from the 2008 Storm Sewer Fund and $25,163.70 payable from the 2009 Capital Improvement Fund.  Seconded by Councilmember Kask.  Motion carried 5-0.

 

C.                Review Comprehensive Plan

 

Zoning Coordinator Karpas presented the draft Comprehensive Plan to the Council and asked for any additional edits they may have prior to scheduling a public hearing.  He said staff has met with representatives from the Metropolitan Council (Met Council) who said that due to the nature of the city, there would be very little in the way of major changes to the plan outside of updating Census information.

 

The Council agreed to review the plan on a page by page basis.  Councilmember Kask said he has reviewed the document and submitted his proposed changes to staff.  Councilmember Adams said he was part of the review process at the Planning Commission level and his concerns have been addressed.

 

Councilmember Crockett had a number of suggested changes that she discussed with the Council.  She questioned the wording in the “Housing Element” portion of the introduction asking if the language regarding affordable housing was language required by the Met Council.  If it were not, she would like it removed from the provision.  Staff said they would contact the Met Council and inform the Council on the origin of the language via email.

 

Councilmember Crockett suggested that the first three paragraphs under the Woodlands portion of the goals and policies be removed since they dealt with clear cutting and permit requirements for tree removal.  She noted that the Council had recently addressed this issue and the newly adopted tree ordinance did not follow these provisions.  The Council agreed.

 

Councilmember Crockett would like the word “Provide” changed to “Encourage” in paragraphs one and two under the Goals subdivision of the Housing Element Section of the plan.  She said it’s not the city’s responsibility to provide the housing, rather to encourage the development of quality housing.  In addition, Crockett would like paragraph two under Policies, dealing with grants for developers for the development of affordable housing to be removed.

 

Under the Land Use Element portion of the plan, she would like subdivision F discussing the reversion of commercial land to residential along Trunk Highway 7 to be removed.  She feels this is a decision best left to the Council in place at the time the current commercial use ceases.

 

Under the Park and Open Space Element she would like to add the term “citizens and” to subdivision five in the Policies subdivision.

 

Crockett would like the last sentence in the Regional Growth Policy portion of the Land Use Section to be removed discussing the expectation that the city will share in accommodating for the projected growth in the southwest section of the Twin Cities area.

 

Crockett had minor grammatical changes in the Lakes Plan and Woodlands Plan.  There was a question about the meaning of “solar access” under the General Controls subdivision of the Woodlands Plan.  It was the feeling of the Council if it is referencing the use of solar panels, it should be removed.  It was also agreed to remove the provision that the city would provide seedlings to the public as a way of encouraging tree planting.

 

Councilmember Crockett asked that the first paragraph under the Residential Inventory and Observations be removed.  The provision discussed the use of the St. Therese property to accommodate future higher density housing.  She does not believe the city has the authority to direct the future use of private property and is concerned that the reference to discussions between the city and the church are inaccurate in that those discussions were conducted by a previous Council and not the current administration.  In addition, Crockett would like to remove paragraph one under the Residential subdivision referencing the use of the church property for higher density housing types.

 

Councilmember Crockett asked that the second paragraph discussing the development of St. Therese property in reference to the overall development of Chowen’s Corner under the Chowen’s Corner subdivision of the Commercial Plan be removed.  She asked that subdivision F referencing the use of St. Therese church’s parking lot for commercial purposes also be removed, along with subdivision G discussing potential negotiations between the city and the church regarding the future use of church property.

 

Councilmember Crockett asked that sentences in the first and second paragraphs, discussing affordable housing for the elderly, under the Housing Needs subdivision of the Housing Element, be removed.  She did not believe, given the property values within the city that this was an unrealistic goal and should not be included in the plan.

 

The Council agreed to remove all language after the first two sentences of the Livable Communities Program subdivision, under the Housing Plan Section.  The Council further agreed to remove the second paragraph discussing the acquisition of funds for low-income homeowners for home maintenance under the Rehabilitation/Renovation Programs subdivision.  The Council also agreed to remove the entire Lake Minnetonka Area Cooperating Cities subdivision.

 

Under the Implementation Section of the plan, the Council agreed to remove all language following the first two sentences under the Housing subdivision.

 

The Council discussed the process going forward and decided that staff would provide a draft reflecting the amendments to the Councilmembers for their review.  The Council would review the plan one last time before directing staff to schedule a public hearing, most likely to be held at the second meeting in December.

 

D.                Review 2008 Water Fund, 2008 Sewer Fund & 2008 Storm Water Fund

 

Administrator Young presented the 2008 Water Fund, 2008 Sewer Fund and 2008 Storm Water Fund for Council review.

 

6.                  NEW BUSINESS

 

A.        Review First Reading of Ord. No. 04-44, Amending Section 430 of the City Code

 

Administrator Young stated that City Staff, in consultation with the City Attorney, have reviewed Section 430 of the City Code pertaining to the licensing of peddlers and have recommended the following amendments to the existing ordinance that would:

 

1.      Reduce the license period from six months to fourteen consecutive calendar days.

2.      Clarify the hours of operation to 9:00 a.m. to 8:00 p.m.

3.      Limit the peddler’s access to the front door only.

4.      Requires the peddler to promptly depart following the successful or unsuccessful completion of the transaction.

5.      Prohibits any harassment.

 

He stated that the intent of the ordinance is to provide for stronger regulations on peddling within the City of Deephaven to more effectively enhance the safety and peaceful enjoyment of our residents.

He stated that the ordinance would be presented for adoption at the November 19th Council meeting after the Council had the opportunity to make whatever changes they felt would be appropriate.

 

The Council suggested amending the ordinance to include the establishment of a list of those residents who do not want anyone to solicit at their residence and requiring peddler’s to adhere to the list.  The Council requested the amended ordinance be returned for Council action on November 19th. 

 

A.                Approve Request to Exceed the Maximum Building Coverage Area in an R-2 District

 

Zoning Coordinator Karpas presented the request of Bryant Wangard and Denise Cashman, 19840 Manor Road, to construct a new addition and detached pool house that would exceed the maximum permitted building coverage.  Karpas explained that Section 1310.03(a) limits the maximum building coverage area in the R-2 District to 6,000 square feet.  The applicants are seeking a building coverage area of 6,326.  He said the ordinance does allow exceptions to the maximum building coverage area with Council approval provided certain conditions are met.  He noted that the applicants meet the conditions outlined in the ordinance in addition to being in compliance with all other applicable zoning requirements in terms of setback and impervious surface.  He said that the ordinance does not require a public hearing or neighbor notification for this type of request.  He noted the Council might want to amend the ordinance for future requests.

 

Councilmember Adams noted that a recommendation had not been included with the memo to the Council and asked what staff would have recommended had it been included.  Karpas said he would have recommended approval for the request since they complied with the ordinance conditions and additional zoning requirements.

 

Councilmember Crockett asked about the shower shown on the plan for the pool house.  Mr. Wangard said there is a shower included in the plan, but that it would be located outside the structure.  Crockett also noted that a toilet was proposed for the pool house.  The Council discussed the concerns related to permitting plumbing within accessory structures.  Karpas informed the Council that the existing ordinance permits plumbing in accessory structures with City Engineer approval.  He noted this might be a provision the Council might want to change.

 

Councilmember Wheaton said he understands that this is not a public hearing, but said the request is very similar to a variance request and he would be interested in hearing neighbor feedback.  He said without a public hearing or Planning Commission review there is no process to allow neighbors to voice their concerns.  Mayor Skrede asked if the Council could require a public hearing on this request.  City Administrator Young said it could not under the current ordinance.  Wheaton said regardless, it’s like leaving the neighbors in the dark and asking the Council to make a decision on potential impacts without their input.

 

Mayor Skrede asked for Councilmember Kask’s opinion since he lives near the subject property.  Councilmember Kask noted the property in question is rather large and could have been used as multiple building sites, but the original owner chose to construct only one home.  He said that though he can’t speak as a direct neighbor to the property about potential impacts, he believes they would be minimal due to the nature of the property and the placement of the home.

 

Kask said the property has historically had some drainage issues since the development of Amesbury, with the subject property taking on more than its share of water.  Kask discussed the idea of obtaining a drainage easement on the property.

 

Councilmember Crockett said her impression of the ordinance requirement was to limit massing, especially in densely developed neighborhoods.  She said she visited the property to gauge the impact on adjacent properties and that the determination would be mostly subjective on the part of the Council.  Crockett noted the subject property is in excess of three times the lot area required for the R-2 District.  She said her impulse is to try and make the request work, even with no way of addressing the impact on adjacent properties.

 

Mayor Skrede said he would be more concerned about the request if the applicant was seeking to maximize the building coverage allowed under the ordinance exceptions.  He noted the applicants are seeking a minimal increase over the allowed coverage and they are keeping in compliance with all other ordinance requirements.

 

Councilmember Wheaton said there would be no guarantee if notification were sent to the neighbors that there would have been any comments due to the size of the lot and the placement of the proposed improvements.

 

Councilmember Adams agreed there might be a need to amend the ordinance to allow neighbor participation in the future.  He said he also walked the property and didn’t note any glaring impact on the neighbors.  He said the proposal clearly complies with the setback and hardcover requirements.  His only concern revolves around drainage but noted the applicants have applied for the appropriate permits from the Minnehaha Creek Watershed District.

 

The Council discussed the concept of a drainage easement but no definitive decision was made to include an easement in the Developer’s Agreement.

 

Councilmember Kask moved to approve the request to exceed the maximum permitted building coverage area to construct an addition and a detached accessory structure, as presented at 19840 Manor Road.  The applicant qualifies for the exceptions listed in Section 1310.03(3)(b) of the ordinance to exceed the permitted building coverage area.  The motion is conditioned that the Developer’s Agreement be amended to specifically state that there is to be no human habitation of the detached accessory structure and that the Developer’s Agreement is recorded with Hennepin County.  Seconded by Councilmember Crockett.  Motion carried 5-0.

 

7.         DEPARTMENT REPORTS

 

A.                Police Department

 

Police Chief Johnson stated that an issue has arisen concerning parking restrictions on Linwood Road that has impacted the parking of contractor vehicles during the construction of a new house on Linwood Road.  He stated that parking is currently prohibited on both sides of Linwood Road due to an Easement Agreement signed by the City that prohibits parking in exchange for access to Linwood Beach access.  He stated that the lack of available parking on Linwood Road has caused contractors to park on surrounding streets, resulting in receiving several complaints from other neighborhoods.

 

Mayor Skrede stated that staff has conferred with the City Attorney on this issue and he advised that an amendment to the Easement Agreement could be drafted that would allow for temporary parking under certain circumstances.  Mayor Skrede added that he wanted to bring this matter to the Council’s attention prior to presenting a new Easement Agreement for Council review in the future.

 

 

 

B.                 Excelsior Fire District

 

Councilmember Crockett noted that the Excelsior Fire District Board will be meeting this month and that the Board approved a three-year contract with an opt-out provision with the City of Deephaven at their last meeting.

 

C.                Public Works

 

Administrator Young provided an update on recent and upcoming public works activities.

 

D.                Administration

 

Administrator Young provided a brief summary on the following items:

 

·         Update on the proposed Verizon cell tower

·         2007 Tax capacity ranking of the City of Deephaven

·         Current & upcoming meetings

·         Audit Service proposals

·         Sales & use tax audit

 

 

8.         ADJOURNMENT

 

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

 

 

Respectfully submitted,

 

Dana H. Young

City Administrator