DEEPHAVEN CITY COUNCIL MINUTES

Monday, December 20, 2004

7:00 p.m.

 

 

1.                  CALL TO ORDER

Mayor Anderson called the meeting to order at 7:00 PM.

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

ABSENT:  Councilmember Nancy Middleton

STAFF:  Police Chief Virgil Gustafson, City Administrator Dana Young, Zoning Coordinator Gus Karpas and City Clerk Sandy Langley

 

2.                  APPROVE CONSENT AGENDA

Councilmember Skrede moved to approve the following consent agenda items:

A.     Minutes of December 6, 2004

B.     Approve 2005 Boat Committee Chairperson David Paulson & Vice Chair Pete Onstad

C.     Appoint Darel Gustafson to MCES Advisory Council subject to approval from Mr. Gustafson.

D.     Hire 2004-05 Warming House Attendants

Councilmember Crockett seconded.  Motion carried 4-0.

 

 

3.                  MATTERS FROM THE FLOOR

There were no matters from the floor.

 

4.                  PUBLIC HEARING

A.     Special Use Permit – Kathy Hanson – 4926 Vinehill Road -  Mayor Anderson convened the public hearing for a Special Use Permit to operate a home occupation at 4926 Vinehill Road.

 

Kathy Hanson presented her request stating she has conducted her business for the past three years which is seasonal in nature in that she has three, four-day sales a year.  She sells household craft items.  She noted that there are no sales outside the specified sale dates.  All necessary parking is done on-site.

 

Zoning Coordinator Karpas gave the Planning Commission recommendation on a 5 –1 vote to approve the special use request to operate a home occupation at 4926 Vinehill Road subject to conditions outlined by staff.

 

Mayor Anderson opened the public hearing for public comment.

 

Rebecca and Tim Larsen, 4936 Vinehill Road, stated that they and the neighbors,  whose property abuts the Hanson’s property, supported the request and felt that the sales enhance personality in Deephaven.

 

Councilmember Monson noted that there was a letter on the record from a neighbor, Wendy J. Nego, 4863 Vinehill Road, who does not want the Council to approve the permit.  She felt the tranquillity is disrupted and she feels her taxes will increase in the future due to the change of status in the neighborhood.

 

Mayor Anderson stated that City has accepted garage sales in the City.

 

Councilmember Crockett felt this request was something between a garage sale and the parade of homes.  She felt the retail operation being open to the public generated an increase in traffic and by allowing this it sets a precedent.  She would like to limit this request to two times a year.

 

Ms. Hanson noted that her sale is contained to the property and fits the property.  Not every property fits the special use permit concept. The neighbors that are the most effected are in full support of granting the permit.

 

There being no further public comment Mayor Anderson closed the public hearing.

 

Councilmember Skrede moved to adopt Resolution No. 51-04 for a special use permit for real property located at 4926 Vinehill Road to permit a home occupation, subject to the conditions placed upon the use by City Staff and the Planning Commission.  The sales would be limited to three per year.  Councilmember Monson seconded.  Upon roll call vote Anderson, Crockett, Monson and Skrede voted aye.  Resolution No. 51-04 was adopted.

 

B.   Vacate a Portion of Sullivan Road – Adopt Resolution No. 48-04, Approving the Vacation of a portion of Sullivan Road – Mayor Anderson convened the public hearing.

 

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

 

Councilmember Skrede moved to adopt Resolution No. 48-84 approving the vacation of a portion of Sullivan Road.  Councilmember Crockett seconded.  Upon roll call vote Anderson, Crockett, Monson and Skrede voted aye.  Resolution No. 48-04 was adopted.

 

B.     Adopt Resolution No. 45-04, Adopting the Final 2005 Tax Levy -  Mayor Anderson

reconvened the public hearing which was continued from December 6, 2004 regarding the final 2004 tax levy which is collectible in 2005.

 

Mayor Anderson opened the hearing to the public, there being no public comment the hearing was closed.

 

Councilmember Crockett moved to adopt Resolution No. 45-04 to adopt the final 2005 tax levy as submitted.  Councilmember Monson seconded.  Upon roll call vote Anderson, Crockett, Monson and Skrede voted aye.  Resolution No. 45-04 was adopted.

 

5.                  UNFINISHED BUSINESS

A.     Request to Extend Deadline for Submission of Building Permit at 18258 Mtka Blvd.

Kyle Hunt, President of Windhaven Properties, LLC was present requesting the extension of Resolution No. 9-04 for various variances for the construction of an office building at 18258 Mtka. Blvd.   

 

Councilmember Crockett moved to extend the deadline for submission of the building permit at 18258 Mtka Blvd. and to have the Council updated on the status of the project.  Councilmember Monson seconded.  Motion carried 4-0.

 

B.   Adopt Resolution No. 50-04, Approving Construction Cooperative Agreement

Councilmember Skrede moved to adopt Resolution No. 50-04 approving the Agreement between Hennepin County, the City of Minnetonka and the City of Deephaven for the improvement of CSAH 101.  Councilmember Crockett seconded.

Upon roll call vote Anderson, Crockett, Monson and Skrede voted aye.  Resolution No. 50-04 2 was adopted.

 

C.   Adopt Resolution No. 46-04, Adopting 2005 Budget

Councilmember Skrede moved to adopt Resolution No. 46-04 adopting the 2005 budget.  Councilmember Crockett seconded.  Upon roll call vote Anderson, Crockett, Monson and Skrede voted aye.  Resolution No. 46-04 was adopted.

 

D.  Adopt Resolution No. 47-04, Approving Transfers

      Councilmember Crockett moved to adopt Resolution No. 47-04 authorizing the

      transfer of funds.  Councilmember Monson seconded.  Upon roll call vote Anderson,

      Crockett, Monson and Skrede voted aye.  Resolution No. 47-04 was adopted.

           

E.      Update Valet Service Fee/Waste Management Contract

Mayor Anderson updated the Council that according to our Contract of 1999 the garbage rates reflect a higher level of service in our Agreement of requiring off-street garbage collection throughout the City.  In discussing this with Waste Management, it was recommended to hold off applying any valet charges until they have had an opportunity to take a hard look at what services our residents really want and match those with the services that Waste Management would be able to provide.

 

6.                  NEW BUSINESS

A.      Approve Three-Year Contract Extension with Public Works Union

Councilmember Skrede moved to approve the Three-Year Contract Extension with Public Works Union deleting No. 5; and in No. 1 extra pay to sewer and water technicians and mechanic classification subject to proof of Certifications.  Mayor Anderson seconded.  Motion carried 4-0.

 

B.       Adopt Resolution No. 49-04, Authorizing an increase in Basic Life Insurance Benefits

Councilmember Skrede moved to adopt Resolution No. 49-04, authorizing an increase in basic life benefits from $5,000 to $25,000 at a rate of $4.25 per employee per month.  Councilmember Crockett seconded.  Upon roll call vote Anderson, Crockett, Monson and Skrede voted aye.  Resolution No. 49-04 was adopted.

 

C.      Review 2005 – 2014 Capital Improvement Fund

Administrator Young reviewed the Capital Expenditures projected and which fund they would be expensed from.

 

D.      Discuss Administrative Procedures for Boat Cards not Returned

Councilmember Skrede moved to adopt the “government friendly” approach to those who simply forgot to submit their renewal cards and to include a 50% penalty as presented to Council.  Councilmember Crockett seconded.  Motion carried 4-0.

 

E.       Discuss Council Meeting Dates for January & February 2005

Council will meet only the first Monday in January & February 2005 and work sessions will be added if needed.

 

7.         REPORTS FROM BOARDS, COMMITTEES & DEPARTMENTS

A.   Public Works Committee:   Administrator Young reviewed the minutes of the

       December Committee meeting.

1)      Village Hall Ice Rink- It was discussed and decided to install a wooden border around the expanded ice rink in order to provide a more level ice surface.

                          Administrator Young stated that Mr. Flynn is looking for assistance in putting

  ice down on the rink and asked if the Council would consider installing a two 

  inch faucet on the outside of the pumphouse to assist in flooding measures and

  the obtaining a larger hose to use in flooding the rinks.

2)      1005-2014 Capital Improvement Plan – Vehicles for the Police Department and

a new snowplow truck primarily for the City of Greenwood’s use were discussed.

3)      Safety Committee – It was decided to combine Public Works and the Safety

Committee into one meeting.

4)      2005-2007 Public Works Contract – Contract was reviewed and forwarded to the

Council for approval.

5)      Bridge Planing Project – The Committee expressed their displeasure with the

quote to do the planing on the bridge and recommended reconsidering it again in the spring.

 

B.    Park Committee – Administrator Young reviewed the report of the Park Committee

                   from December 1. 

1)      Bonne St. James was present at their meeting recommending issues relating to  

enhancing Thorpe Park.

2)      Options for the East Tennis Courts at Thorpe Park were discussed and

  recommendations were made to replace the existing east tennis courts with one

  tennis court and one basketball court, removing the existing basketball court and

  replacing it with sod and installing a green asphalt surface.

3)      Amesbury Park Development Plan – The Committee reviewed a site plan and

       it was the consensus of the Committee that there should only be minimal

       improvements at the park with the attempt to visually improve the look of the

       area.

4)      2005 Committee Members – Jennifer Young, Charty Oliver terms expire in

                         February.  Applications will be reviewed next month.

 

C.   Boat Committee:  Councilmember Crockett reviewed the minutes of December 8,

                   2004.

1)      Size & Weight Restrictions on City Launches were discussed and it was decided

that weight restrictions were probably not necessary.

2)      The Committee recommended the appointment of David Paulson as the 2005

                          Boat Committee Chairman and Pete Onstad as the Vice Chairman.  In February,

                          the Committee  would be filling two vacancies.

3)      It was reported that no permit holders were in violation of the 90-Day Rule for

2004.  Several appeals will be reviewed at the January meeting from the 2004 permit holders who did not return their 2005 Boat Renewal Cards by the November 20, 2004 deadline.

4)      Removal of Canoes, Kayaks and Other Similar Boats from Slide Spaces – it was

decided to inform individuals by letter that they will have to relocate their watercraft onto canoe racks or purchase a larger boat that meets the size requirement for a slide.  Additional canoe racks and possible locations for them was discussed.

5)      Deephaven Dock Facilities – The Committee recommended  developing a

                          Carson’s Bay improvement Plan by April 1st that would provide options for the

                           reconfiguration of boat storage units at the Carson’s Bay marina and potential

                           locations for canoe racks.

 

C.     Fire Board  - Councilmember Skrede gave an update on the Fire Board.  The Board

voted to close out the construction of the two facilities and to do no more review of outstanding change orders.

The Board voted to discontinue further discussions with Kraus/Anderson regarding the excessive charges for General Conditions, but allowed itself the possibility of  pursuing a claim in the future.  The increase in benefits to the Fire Relief Association was denied.  Councilmember Monson thanked Councilmember Skrede for working hard on the side of the taxpayers by looking after the costs on these fire station projects.

 

8.          ADJOURNMENT

              Mayor Anderson adjourned the meeting at 10:15 PM.

 

Respectfully submitted,

Sandra R. Langley

City Clerk/Treasurer