Welcome to the Official Web Site of the 
City of Deephaven, Minnesota
 
"two square miles of tranquility"

 

 

DEEPHAVEN CITY COUNCIL MINUTES

Monday, August 16, 2004

7:00 p.m.

 

  1. CALL TO ORDER

    2. Mayor Anderson called the meeting to order at 7:00 p.m.

    PRESENT: Mayor Tom Anderson, Councilmembers Nancy Middleton, Paul Skrede, Jon Monson and Kim Crockett.

    ABSENT: None

    STAFF: Attorney Jerry Gilligan, Administrator Dana Young, Zoning Coordinator Gus Karpas and City Clerk Sandy Langley.

  2. APPROVE AUGUST 2 & 9, 2004 MINUTES

    3. Councilmember Middleton moved to approve the minutes of August 2 & 9, 2004 as submitted. Councilmember Crockett seconded. Motion carried 5-0.

  3. MATTERS FROM THE FLOOR

    4. Mayor Anderson opened the meeting to matters from the floor. There were no comments.

  4. NEW BUSINESS
    1. Authorize Insurance Coverage Reduction for the South Shore Senior Center - Bob Gagne, Friends of the SSSC, discussed the insurance coverage at the Center. He stated the Friends are requesting a reduction in their required insurance coverage. Following a review, the Shorewood’s City Attorney recommended coverage be reduced from $3,000,000 to $1,000,000. Mr. Gagne noted that anyone renting the Center has to provide their own insurance. Councilmember Middleton moved to support the reduction of insurance requirements for Friends of the Senior Center. Councilmember Crockett seconded. Motion carried 5-0.
    2. Request for Extension of Plat Filing Deadline – Cliff and Bill Traff requested an extension on the filing deadline for a subdivision/combination of property at 3203 Robinson’s Bay Road. Councilmember Skrede moved to approve the extension on the plat-filing deadline for the property at 3203 Robinson’s Bay Road. Councilmember Middleton seconded. Motion carried 5-0.

  1. PUBLIC HEARINGS
    1. Ordinance Amendment – Floodplain – Recommendation to the City Council on the adoption of an

ordinance to regulate floodplain areas of the City.

Mayor Anderson convened the public hearing to discuss the Ordinance Amendment to regulate the city’s floodplain areas.

Julie Eckman, of MN Department of Natural Resources was present to answer any questions.

Mayor Anderson opened the hearing for public comment. There being no public comment the hearing was closed.

Councilmember Middleton stated the Planning Commission recommended unanimously that the approval of the proposed Ordinance with special consideration be reviewed by the Council on how the impact of Section 1360.09(3) would affect Deephaven.

Councilmember Middleton moved to adopt Ordinance No. 13-31 and waive the second reading subject to the map clarification of city names and Section 1360.09(3) be excluded from the Ordinance. Councilmember Crockett seconded. Upon roll call vote Anderson, Crockett, Middleton, Monson and Skrede voted aye. Ordinance No. 13-31 was adopted.

Council directed staff to get a redlined copy of the Ordinance with the DNR amendments.

B. Ordinance Amendment – Parade of Homes – Recommendation to the City Council on adoption

of an Ordinance to regulate the Parade of Homes and similar showcase events

Mayor Anderson convened the public hearing.

Rick Kut, President of the Home Builders Association of MN, stated that Deephaven is sending a negative message to those coming into the community and he would like the Council to look at discussing possible options for allowing such events to continue.

Remi Stone, Attorney for the Home Builders Association, stated that the activities bring positive growth and many of the Custom Home Builders live and play in this area and love being a part of the Deephaven community. She noted that 250,000 visitors attend the events in over 100 communities. For the Dream Home event the fee collected goes to charitable organizations. Adopting this Ordinance amendment banning such events would be devastating. Deephaven has had 20 Parade Homes in a 12-year period.

David Steingas, 19555 Cedarhurst, and Business Owner at 18340 Minnetonka Blvd., asked the Council to look at individual events and require permits versus totally banning this event.

Jeff Schlesinger, 20560 Linden Rd, stated they have tried to be good neighbors, but putting up with two years of construction prior to the Parade of Homes has been a big problem in their neighborhood. The long time span for the Parade of Homes is too much for the neighbors to put up with.

Kyle Hunt, 18321 Heathcote Lane, Business Owner at 18324 Minnetonka Blvd., stated the City of Orono has similar issues and has come up with a Special Events Permit that the City of Deephaven should review. He would like to see an action plan to meet the neighbors’ needs as well as the Custom Builders’ needs.

Councilmember Crockett asked if there could be a limitation on the length and times of participation and if there was an application fee that could be charged for a permit?

Lisa Lundgren, 4814 Vine Hill Road, stated that these events only increase traffic on our roads. Most of the residents moved here for the peace and tranquillity. She felt that there should be dramatic limitation or a total ban on it. Residents pay high taxes to live here and the City does not received state aid.

Michael Herbst, 20545 Carson Road, stated his biggest concern is with the safety of children with the small narrow roads in Deephaven. There are no sidewalks. He felt some kind of plan and permitting needed to be enacted by the City and Police to allow any such events.

There being no more public comment, the public hearing was closed.

Councilmember Skrede stated he would like to see Orono’s permit process.

Remi Stone stated that shuttle systems have been used, but she knows of no other City that has denied Parade of Homes in their community.

Councilmember Monson stated he is in a unique situation being a member of the Building Association, a citizen of the community and on the Council. He stated he has been going to Parade of Homes since the 1960s and they keep getting larger and go longer. He feels they can be managed with regulations and the Association has to meet obligations in the communities. There has to be some dialog with those involved managing the situation.

Councilmember Crockett stated that the Parade of Homes Association has gotten greedy to hold two Parade of Home Events in a year, which go on for four to six weeks. She felt that Deephaven is one of the first communities to take some kind of action to manage these events and she has heard from many residents that want it altogether banned.

Councilmember Middleton would like to see a compromise with a detailed Ordinance or permit process so Builders know what is expected of them.

Councilmember Skrede stated there has to be some middle ground to obtain and get an action plan in place from the local builders. Representatives need to get together as a group with ideas to bring forth to the Council.

Mayor Anderson said an Ordinance needs to be clear and specific and we should look at the positives. Council should have a work session to share ideas and thoughts.

Bob Carlson, 20425 Lakeview Ave. stated he is a Custom Home Builder and has done Parade of Homes in Deephaven and understands the issues. He feels there are lots of issues that need to be discussed and Deephaven is not being exclusive.

The Council will have a work session to work out issues with the Ordinance.

C. Ordinance Amendment – Slope – Recommendation to the City Council on the adoption of an

ordinance to regulate development in slope and steep slope areas within the City

Mayor Anderson convened the public hearing. There being no public comment, the hearing was closed.

Council discussed the need to be consistent throughout the Ordinance. Councilmember Monson asked if questions regarding slopes should be handled through the Engineer or Administration Staff. Right now it looks as if it is set up for Council action. Mayor Anderson stated that the Ordinance needs to be tightened up and the slope issue needs to be clarified. There is a difference to make a safe slope versus a slope to build on. Mayor Anderson continued action to the September 2, 2004 agenda.

6. UNFINISHED BUSINESS

    1. Approve Three Year Contract Extension with Waste Management - Sheldon Swensen, Waste

      2. Management Manager reviewed the agreement Deephaven has had with Waste Management covering garbage and recycling services. Starting in 2005 they will implement single-sort recycling.

      Councilmember Middleton moved to approve the Addendum to Refuse, Compost and Recycling Pickup Service Contract with Waste Management through December 31, 2007 as submitted. Councilmember Crockett seconded. Motion carried 5-0.

    2. Authorize Addition to Sand/Salt Shed Bituminous Pad ($4,200.00) – Councilmember Middleton

      3. moved to authorize Metro Paving to install a 35’ x 80’ bituminous extension to the existing pad in front of the sand/salt shed and to direct staff to provide Councilmember Skrede with a letter to the Fire District Board regarding the $150,000 savings by not moving the power lines to see if they would help with any additional costs associated with the sand/salt shed. Councilmember Monson seconded. Motion carried 5-0.

    3. Appoint Virgil Gustafson as Police Chief - Councilmember Middleton moved to appoint Virgil

      4. Gustafson to the position of Deephaven Police Chief, with his salary remaining at Step 4 of the 2004 Police Chief Wage Schedule. Mayor Anderson seconded. Motion carried 5-0.

    4. Appoint Police Lieutenant to Replace Virgil Gustafson - Councilmember Middleton moved to

authorize that Chief Gustafson to advertise and accept applications for an internal candidate for the position of Police Lieutenant. Councilmember Crockett seconded. Motion carried 5-0.

  1. REPORTS FROM BOARDS, COMMITTEES & DEPARTMENTS

    2. Boat Committee – Bob Voyles, Chairperson for the Boat Committee asked for authorization to use boat funds to purchase three ramps from Ramp Master to fully test the product. Council approved the purchase.

    The Boat Committee recommended the elimination of subleasing for Class B permit holders. Council will take action on this matter at the September 20th Council meeting.

    The timelines for dealing with permanent Spaces following the June 15 deadline was discussed regarding the 90-day rule and that the 90-day rule be waived after June 15th.

    Mr. Voyles stated he would like to thank the Council for his time on the Boat Committee, as he will be moving out of state this fall.

    Public Works Committee – Administrator Young provided a brief update on the bridge noise and options and costs are being reviewed. The City Engineer is reviewing the installation of a french drain by 18310 Rutledge Rd. or alternate solutions to alleviate the ponding around the culvert.

    The bituminous curbs installed by the Bituminous Roadways, Inc. are being reviewed. A request for a four-way stop sign at Lake Avenue and Deephaven Avenue is being deferred to the Police Dept. for comment. The Committee agreed that the Main Beach and other City beaches should have aquatic weeds removed in both July and August. This item will be discussed further.

    The Committee reviewed drainage problems on Cottagewood Road and asked for areas to be reviewed.

    Park Committee – Administrator Young provided a brief summary of the August 12th Town Hall

    Meeting. The 2005 project list was submitted regarding updated Ballfields, Main Beach, weeding, tennis court trees, play structures, Sandy Beach and Big Island. The Committee recommended the installation of sod surrounding the fountain at Children’s Park in order to address problems with sand erosion and the depositing of sand into the fountain.

    Council thanked Eric, our Camera person who is moving outstate, for all of his work related to the City of Deephaven and welcomed Carol who will take over for Eric.

  2. ADJOURNMENT

Motion to adjourn by Councilmember Middleton, seconded by Councilmember Monson. Motion carried 5-0. The meeting adjourned at 9:55 PM.

Respectfully submitted,

Sandra R. Langley