DEEPHAVEN CITY COUNCIL MEETING

MONDAY, DECEMBER 3, 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 Wheaton to approve the Consent Agenda, consisting of the following items:

 

A.    Approve November 19, 2007 Minutes

B.     Approve Monthly Verifieds

C.     Approve Lucy Hicks as 2007 Park Committee Chair & Darel Gustafson as 2007 Park Committee Vice-Chair

 

Seconded by Councilmember Adams.  Motion carried 5-0.

 

4.                  MATTERS FROM THE FLOOR

 

Richard and Linda Schmitz, 18945 Azure Road, were present to discuss the recent amendment to the fence ordinance, which now requires property owners to eliminate the storage of items on the outside of a fence.  Linda Schmitz stated that it was their preference several years ago to construct a six-foot fence on their property line but their neighbors didn’t grant them the permission required to do so.  She stated that she felt that residents should be allowed to install a fence on the property line and that fences belong on the property line.  She stated that she conducted a survey of 10 neighboring communities and all 10 allowed fences to be constructed on the property line.

 

Linda Schmitz asked the Council to consider two issues.  First, that the current fence ordinance be amended to allow fences up to six feet in height on property lines.  And second, that she be granted an extension from the December 7th deadline to remove the material that is stored on the outside of her fence due to the fact that many of the stored items have been covered with snow after the last snowfall.

 

Mayor Skrede stated that the City Council does not act on requests under Matters from the Floor but would discuss the Schmitz’s request later in the meeting under New Business.

 

 

 

 

 

5.                  PUBLIC HEARING

 

A.                Truth in Taxation

 

City Administrator Young discussed the proposed revenues and expenditures contained in the 2008 budget.  He said that the city was looking to adopt a levy which would have no increase over what was set in 2007.

 

He said the major sources of revenue in the General Fund come from property taxes and existing contracts for services with the cities of Greenwood and Woodland.  The greatest increase in expenditures stem from cost of living increases on employee salaries and increases in the Fire service budget.

 

He said the 2008 budget would formally be adopted at the December 17th City Council meeting.

 

Dick Brown, 19115 Azure Road, discussed the city’s plans for funding the Southshore Senior Center.  He asked about the upcoming expiration of the limited market value and if there would be a big increase on the tax capacity on the larger homes in the community.  Administrator Young said it would have an impact on a citywide basis and that higher valued cites will be impacted greater.  Mr. Brown feels that the lesser-valued structures in the community should get more relief with the expiration of the limited market value.

 

The Council will hold a public hearing on the adoption of the final 2008 levy on December 17th.

 

6.                  PLANNING & ZONING REQUESTS

 

A.                VARIANCE – Doug and Ann Cooley, 3342 Robinson’s Bay Road, (R-2, 40,000).

 

The applicants are requesting to demolish and rebuild a single family home which would encroach into the required north and south side yard setbacks and exceed the maximum permitted impervious surface area.  The requested variances are to encroach seven feet, eleven inches into the required twenty-five foot north side yard setback, to encroach eighteen feet, three into the required twenty-five foot south side yard setback and to exceed the maximum permitted impervious surface area percentage of twenty-five percent by 5.4%.

 

Zoning Coordinator Karpas reviewed his staff report.  He said the request was to use the footprint of the existing home with the addition of an attached garage.  The proposed garage would create an additional encroachment into the south side yard.  He said the Planning Commission reviewed this plan on two occasions, the first version of the plan had the garage on the north side of the property, which was opposed by the neighbors and not supported by the Commission.

 

Karpas said he recommended approval for the request since the request was a reasonable use of the property and the lot dimensions limit the development options on the property for an attached garage that would not create further encroachments.  The proposed placement of the garage would not impact the adjacent properties and the project would be in keeping with the existing character of the neighborhood.

 

Karpas noted that staff had received two letters of support, one from the Kahlers 3320 Robinson’s Bay Road, directly north of the property and one from Rick Lang 3244 Robinson’s Bay Road.

 

Councilmember Adams presented the Planning Commission report.  He said the applicant did a great job responding to the concerns of the Planning Commission and the neighborhood in developing their second plan.  He noted that the proposed attached garage was moved from the north side to the south side of the property and the length was reduced by twenty feet.  He said the applicant has made efforts in limiting the amount of encroachment into the required side yard.  Adams said the Planning Commission favorably viewed the design, which is consistent with the other homes in the neighborhood.  The Planning Commission voted to recommend approval of the request.  He said he supports the recommendation.

 

Councilmember Crockett appreciated the efforts made by the applicant to address the concerns of the city and the neighborhood.  She believes the plan before the Council is aesthetically pleasing.  She noted the neighbors to the north submitted a letter of support but asked about the feelings of the other neighbors.  Doug Cooley said they met with all the neighbors and they were supportive.  Crockett said she was supportive of the request, which is in keeping with the character of the neighborhood.

 

Councilmember Wheaton agreed the proposal is a beautiful home and that the applicants worked hard to maintain the existing encroachments.  He understood the concerns about impervious surface, but also understood the need for storage on a property that is not allowed to have a basement.  He felt there is a hardship in the dimensions of the lot and felt there will be no negative impact on the city owned property to the south.

 

Councilmember Kask said he was supportive of the request since it does not create further encroachments and felt a hardship is created by the water table, limiting the development opportunities for a basement.  The request is consistent with the other homes in the neighborhood.

 

Mayor Skrede discussed the city owned beach area to the south of the property and commented the request would have no negative impact on the use of that property.  He is supportive of the request, but feels a condition should be placed on the property prohibiting the use of the detached garage for human habitation.

 

Police Chief Johnson commented that the applicants have offered the existing structure for use by the Police Department for training purposes before it is demolished.  Mayor Skrede noted that it is uncommon that the Police get a structure to conduct training in and that he appreciated the Cooley’s offer.

 

Commissioner Wheaton said he was supportive of the request and asked if any additional hard surface would be added in the final landscaping plan.  Mike Sharrett, Sharrett Design, said there would not be any additional hardcover added.

 

Councilmember Wheaton moved to approve the variance request to encroach seven feet, eleven inches into the required twenty-five foot north side yard setback, to encroach eighteen feet, three inches into the required twenty-five foot south side yard setback and to exceed the maximum permitted impervious surface area percentage of twenty-five percent by 5.4% for the proposed single family home, as presented at 3342 Robinson’s Bay Road.  A hardship exists in the dimensions of the lot, the placement of the existing home and the inability to construct a basement on the proposed structure.  He noted the proposed structure did not alter the essential character of the neighborhood.  The motion is conditioned that the detached garage may not be used for human habitation.  Seconded by Councilmember Crockett.  Motion carried 5-0.

 

B.        Request for an ordinance amendment to permit concession style uses on city owned

property.

 

 

Zoning Coordinator Karpas explained the request.  He said a resident is asking the City to consider an amendment to the Zoning Ordinance to permit concession type uses on city parkland.  He would like to place a stand on city owned parkland adjacent to City Hall, along the LRT trail.  Karpas said he was seeking some direction from the Council before incurring the costs associated with amending the ordinance.

 

Councilmember Kask commented that such an ordinance would be unique, but he’s pretty sure that the City of Excelsior probably has something on the books to address the concession uses at the Commons.  He suggested staff take a look at what they have versus creating an ordinance from the ground up.  Kask said the request as a whole would be breaking new ground and he’s a little reluctant to change the existing ordinance without knowing what some of the unintended consequences may be.  He also felt there will be a lot of opposition from the Cottagewood Store, which has worked hard over the years to encourage trail users to visit their store.

 

Councilmember Crockett said she wasn’t opposed to looking into amending the ordinance, but would like input from the Park Committee to see if such uses are included or could be included in their plans.

 

Councilmember Adams noted one concern raised by the Planning Commission is that any change in the ordinance would apply to all city owned parkland and that should be kept in mind as any amendment is drafted.

 

Mayor Skrede said that any change in the ordinance permitting the use should list the use as a conditional use permit.

 

Councilmember Adams said he would be unwilling to change the ordinance unless he felt adequate research had been done to determine the viability of such a use.  He noted the resident that approached the Planning Commission had conducted usage counts and researched the costs associated with installing a well and electrical services and still felt it was economically viable to locate his business there.  He’s comfortable, at least at the LRT site, that enough research has been conducted to warrant the Council reviewing the ordinance request.

 

Adams said the Planning Commission spent quite a bit of time discussing the concept and voted 5-2 to recommend the Council consider the merits of an amendment.  He noted the two Commissioners opposed to the request didn’t feel it was appropriate to use public property for a private, for profit business.

 

Councilmember Kask agreed with Councilmember Crockett that the Park Committee should discuss this issue before staff is directed to take any action.  Councilmember Wheaton agreed.

 

Wheaton said there is an existing entity in the Cottagewood Store providing the proposed service and the impact on that entity must be taken into consideration before a final decision is made to amend the ordinance.

 

Mayor Skrede said the city doesn’t owe the Cottagewood Store exclusivity on any business that may be generated by the LRT, but the city does owe the residents the right to have some input on any ordinance that would change the character of the community.

 

Councilmember Wheaton said the Park Committee would discuss this issue at their December 5th meeting.

 

 

7.                  NEW BUSINESS

 

A.                Review Appeals from 90 Day Rule

 

Administrator Young stated that Section 900.07, Subd. 2 of the Deephaven City Code requires all permit holders to use their watercraft space for a minimum of 90 days during the boating season.  Failure to meet this requirement results in the non-renewal of their boating permit for the upcoming season unless they request an appeal in writing before the City Council.  He stated that the three residents who were in violation of the 90 day requirement for the 2007 boating season had until Thursday, November 29th to  appeal to the City Council.  He stated that none of the three residents chose to appeal the non-renewal of their 2008 permit.  He stated that due to this fact, no action is required of the Council this evening.

 

B.                 Appoint David Gross to LMCD Board

 

Administrator Young stated that the City Council first appointed David Gross to serve as Deephaven’s representative on the LMCD Board in 2004.  Mr. Gross has served in that capacity since that time, which happens to coincide with his three-year term of office with the LMCD.  As a point of clarification, while the City of Deephaven appoints our representative to the LMCD Board by annual resolution, the state enabling LMCD legislation calls for Board members to be appointed for three-year terms subject to recall by the cities.  Mr. Gross’s three-year term of office with the LMCD Board is set to expire on December 31, 2007.

 

Councilmember Crockett stated that when David Gross appeared at the last Council meeting, he stated that he would be happy to continue serving on the LMCD unless someone else was interested in the position.  She stated that it might make sense to start looking for an eventual replacement for David Gross.

 

Mayor Skrede stated that Mr. Gross brings a real intelligence to the position and does a very good job representing Deephaven on the LMCD Board.

 

Councilmember Adams agreed that David Gross does a great job on the LMCD but voiced concern over his 63% attendance record.  He stated that it is reasonable to expect Deephaven’s representative to have a better attendance record.

 

Mayor Skrede stated that David Gross winters in Florida and is willing to fly back to attend an LMCD meeting whenever there is an issue of importance to either the City of Deephaven or to the LMCD.

 

Councilmember Wheaton stated that David Gross also does a very good job in keeping the Council informed of LMCD activities.

 

Councilmember Kask stated that while it was not a bad idea to discuss a future replacement for David Gross, he stated that there is a real benefit at this time in having some continuity on the LMCD Board due to the recent turnover of several Board members.

 

Mayor Skrede asked staff to compile a survey of those residents who have indicated an interest in serving on the LMCD Board to see if they still have an interest in serving and to continue discussion of this issue at the December 17th meeting.  He also asked staff to contact David Gross to see if he still is interested in serving on the Board.

 

C.        Schmitz Request

 

Discussion was held on whether to grant the Schmitz an extension in the December 7th deadline to remove the pile of material stored on the outside of their fence.

 

Councilmember Crockett stated that although she did not support the amendment to the fence ordinance, the resident should be required to move the material by the deadline given by the City.

 

Councilmember Kask stated that a resident is still able to construct a forty-two inch high fence on the property line and encouraged the resident to remove the material in a timely manner or to construct a smaller fence on the property line.

 

Councilmember Wheaton asked staff when the Schmitz were first notified of the requirement to remove the material.

 

Zoning Coordinator Karpas stated that he called Linda Schmitz last Tuesday or Wednesday and sent them a letter the following day.

 

Councilmember Adams stated that he didn’t see a reason to grant an extension.

 

Councilmember Wheaton stated that he would look a little more favorably for granting an extension due to the recent snowfall.

 

Mayor Skrede stated that it appears to be the consensus of the Council to instruct staff to require the Schmitz to remove the material by December 7th.

 

Further discussion was held concerning the Schmitz request to amend the fence ordinance to allow six foot high fences on the property line.

 

Councilmember Crockett stated that she would prefer to see the ordinance changed to allow six-foot fences on the property line but since the fence ordinance was just amended, she would prefer to allow some time for the ordinance to be in effect.

 

The Council generally agreed that the fence ordinance needed to be given more time before the Council reconsiders any further amendments.

 

8.                  DEPARTMENT REPORTS

 

A.                Police Department

 

Chief Johnson provided a brief update on a training exercise that is planned at the Cooley residence at 3342 Robinson’s Bay Road, thanked Officer Bridget Joyce for her involvement in CounterAct, and stated that the Police Department is participating in the Toys for Tots Program for the 13th year.  He stated that the Department would be delivering the toys to KARE 11 on December 20th.

 

 

 

 

 

B.                 Excelsior Fire District

 

Councilmember Crockett provided a report on last Wednesday’s Fire Board meeting.  She stated that the Board recommended the following action:

 

·         Three minor revisions to the Joint Powers Agreement for adoption by member cities.

·         Approved a three-year agreement with the City of Deephaven for Fiscal Agent Services.

·         Authorized the Advertisement for Bids for the replacement of the rescue truck in 2009.

·         Discussed the development of a strategic planning process.

·         Reviewed a proposal concerning the disposition of the remaining Orono Funds.

 

Councilmember Crockett stated that the Board reviewed a proposal in which $31,000 of the $62,000 in Board discretionary Orono funds would be used for a variety of capital purchases, along with the $31,000 in firefighter discretionary Orono funds.  She stated that this lead to a spirited discussion on how to use the balance of the Orono Funds.  She stated that she and Gerry DeLaVega, Tonka Bay’s representative, supported the use of the entire $62,000 in Board discretionary funds towards Operating Fund reserves.  Bob Quam, Greenwood’s representative, and Chris Lizee, Shorewood’s representative, both supported the Chief’s proposal to spend $31,000 in Board discretionary funds.

 

Councilmember Crockett stated that there is apparently quite a lot of emotion on the part of the firefighters on the Board’s prior use of the Orono Funds and the proposed use of $31,000 of the Board’s discretionary funds would help to resolve some of this rancor.  She stated one of the main weaknesses of the Fire District is that representatives are empowered to make decisions that may not be fully supported by his or her City Council.  She stated that a special meeting of the Fire Board will be held on Wednesday, December 5th to continue discussions on this proposal.

 

Mayor Skrede stated that he always brought issues back to our Council when he served as Deephaven’s representative to the Fire Board.  He stated that a representative should act like one and not act independently.  He stated that a formula had been adopted by the Fire Board two years ago that established how the Orono Funds should be spent and he did not believe that the current Board should override the former Board’s decision.

 

C.                Public Works

 

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

 

D.                Administration

 

Administrator Young provided a brief summary on the following items:

 

·         Sales & use tax audit

·         Required reports and publications

·         January Newsletter

·         Deer Management update

 

9.                  ADJOURNMENT

 

Motion to adjourn by Councilmember Kask, seconded by Councilmember Wheaton.  Motion carried 5-0.  The meeting adjourned at 9:40 p.m.

 

 

Respectfully submitted,

 

 

Dana H. Young

City Administrator