DEEPHAVEN CITY COUNCIL MINUTES

Monday, February 7, 2005

7:00 PM

 

 

1.                  CALL TO ORDER

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

PRESENT:  Mayor Tom Anderson, Councilmembers Kimberly Crockett, Keith Kask,  Paul Skrede and John Wheaton.

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

 

2.                  APPROVE CONSENT AGENDA

Councilmember Kask moved to approve the following consent agenda items:

A.     Minutes of January 3 & 19, 2005 as submitted.

B.     Approve the January accounts payable in the amount of $225,013.61.

C.     Approve the appointment of Woody Woodburn as the2005 Park Committee Chairperson and Jennifer Young as the Vice-Chairman.

D.     Re-appoint Jennifer Young and Charty Oliver to the Deephaven Park Committee for three-year terms of office effective until January 2008.

E.      Adopt Resolution No. 03-05.  A Resolution favoring a continuation of funding for Senior Programs through CDBG Funds.

F.      Adopt Resolution No. 04-05.  A Resolution request 2005 Funding from the Hennepin County Municipal Recycling Grant Application.

G.     Adopt Resolution No. 05-05.  Authorizing an Extension of the Electronic Proprietary Database License Agreement.

H.     Adopt Resolution No. 07-05.  Supporting legislation to find a provision for manufacturers to be responsible and reliable for electronic waste.

Councilmember Skrede seconded.  Councilmember Kask questioned the goals attached to the minutes of January 19th Council minutes and it was a brainstorming meeting and nothing was adopted.  City Clerk Langley stated the goals should not be part of the minutes for the record.  Motion carried 5-0.

 

3.                  MATTERS FROM THE FLOOR

Chief Gustafson introduced two new reserve officers to the City Council.

There being no further matters from the floor, Mayor Anderson closed matters from the floor.

 

4.         PUBLIC HEARINGS

A.     Variance – Lake Minnetonka Care Center (Jeff Sprinkel) – 20395 Summerville Road, (R3, 20,000) 

Mayor Anderson convened the public hearing for a variance to alter a non-conforming use by constructing a new dayroom and relocating the existing deck and a variance to exceed the maximum permitted impervious surface by 15.4 percent.

 

Jeff Sprinkel presented the request.  He noted the proposed addition would be two feet larger and placed where the existing deck currently sits.  He said a new dock would be constructed on the east side of the new addition.

Councilmember Crockett gave the Planning Commission recommendation to approve the variance request to alter a non-conforming structure and the variance to exceed the maximum permitted impervious surface by 14.5 percent on a vote of 6-0.

 

Mayor Anderson opened the public hearing for public comment.

Steve Schechtman, 4245 Northern Rd, stated he embraces the Care Center as a welcome neighbor, but he does not want to see this addition as it would impact the immediate neighbors and he feels other alternatives could be made to the east side of the building.  He wants to keep the neighborhood as a residential looking neighbor and he felt this addition would make it look institutional. 

Nancy Middleton, 20245 Lakeview Ave., stated that the Care Center is one of the reasons Cottagewood is unique.  She supports the addition and bringing the Center up to code.

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

 

Councilmember Crockett moved to adopt Resolution No. 8-05 approving the variance request to alter a non-conforming structure through the construction of a five hundred and seventy two square foot addition and to exceed the maximum permitted impervious surface at 20395 Summerville Road, according to the site plan submitted to Council.  The motion is conditioned that the applicant submit a final plan and documentation for review and approval showing the following information: a landscape plan showing screening of the property, including the parking area; a plan to upgrade the appearance of the accessibility ramp on the east side of the home; and detailed information on the proposed lower level door and exterior coverings.  The approval is further conditioned that the overall impervious surface not to exceed 40.5% and that the applicant make a good faith effort to reduce the impervious coverage, that the overall height of the addition not exceed 24’6”, that the top level of the addition be used for common space only and that the number of residents may not exceed twenty-one.  A hardship exists in the need to provide a better standard of life for the residents of the facility and that the applicant needs to provide adequate off-street parking for the employees of the facility.  Councilmember Kask seconded.  Upon roll call vote Anderson, Crockett, Kask, Skrede and Wheaton voted aye.  Resolution No. 8-05 was adopted.

 

B.  Special Use Permit – Beth Larson (BellaPear) – 18202 Minnetonka Blvd (C-1,10,000)

      Mayor Anderson convened the public hearing for a special use permit to erect a new     

      2 1/2foot by 7 foot commercial identification sign.

 

      Dale Larson presented the request.  He said he and his wife would be partners in a

      new Home Décor store opening in April and there is a need to advertise the business.

 

      Councilmember Crockett reported the Planning Commission recommended

      unanimous approval of the special use permit to erect a 2 ½ foot by 7 foot business

      identification sign to identify the business.

 

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

      public comment, the hearing was closed.  

 

      Councilmember Kask moved to adopt Resolution No. 9-05 approving the special use

      permit to erect a 2 ½ foot by 7 foot business identification sign to identify their

      business at 18202 Minnetonka Blvd., according to the plan submitted to Council.

      Councilmember Skrede seconded.  Upon roll call vote Anderson, Crockett, Kask,

      Skrede and Wheaton voted aye.  Resolution No. 9-05 was adopted.

 

B.     Second Reading – Construction Site Management Ordinance No. 13-34

Mayor Anderson reconvened the public hearing for the second reading of Ordinance No. 13-34 which regulates construction sites.

 

Councilmember Crockett presented the Planning Commission report recommending unanimous approval of the Ordinance.

 

Zoning Coordinator Karpas stated that in addition to the Ordinance a statement of compliance has been added which requires the signature of all individuals looking to obtain a building permit.

 

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

      public comment, the hearing was closed.

 

      Councilmember Kask moved to adopt Ordinance No. 13-34 adding a new section

      regulating construction sites.  Councilmember Crockett seconded.  Upon roll call vote

      Anderson, Crockett, Kask, Skrede and Wheaton voted aye.  Ordinance No. 13-34

      was adopted.

 

5.         UNFINISHED BUSINESS

A.     Discuss Complaints on Relocating from Slides to Canoe Racks – Administrator Young stated the Boat Committee recommends that the City adopt a policy that would allow current or future slide permit holders that have a canoe or similar craft the opportunity to submit medical documentation verifying that their physical limitations require their use of a slide space instead of a canoe rack.

John Goodwyne, 3865 Fairhomes Rd, voiced his concern with not being able to use his canoe on the slide any longer and he pointed out reasons as to why he should be exempt from this requirement.  1) He has used a canoe as a dingy to reach his sailboat on a buoy for over 25 years.  2)  He was given the option to replace his canoe with a bigger and wider boat, which would qualify for him for a slide.  In his present position on the slide he is between a paddle boat and a very wide fishing boat and it is too narrow to accommodate a boat with a wider beam than a canoe.

Councilmember Wheaton moved to allow Mr. Goodwyne to be allowed to stay on the slide with his canoe.  Councilmember Skrede seconded.  Motion carried 5-0.

Councilmember Kask moved to allow current permit holders Nancy Lauritsen, 18645 Highland Ave, and Chris Doman, 3860 Northome Ave. to be allowed to stay on the slide due to physical problems and providing medical documentation to the City.  Councilmember Crockett seconded.  Motion carried 5-0.

 

B.     Approve Request for Proposal on Planning Services – Administrator Young stated that RFP’s were sent to 15 planning agencies and seven companies responded.  City Staff evaluated each proposal and recommends that the City Council consider selecting one of the following Yaggy Colby Associates, McCombs Frank Roos Associates, Inc., or Resource Strategies Corporation for this assignment.  Councilmember Skrede moved to continue action on selecting a planning agency to review our Ordinances and to see if staff can work on these internally.  Councilmember Crockett seconded.  Motion carried 5-0.

C.     Approve Bridge Planing Bids – Administrator Young stated the Public Works Committee recommended approval of the bid submitted by Diamond Surface, Inc. in the amount of $8,430.40, subject to lessening the amount of the square footage of the planing to the area between the fog lines.  Councilmember Skrede moved to approve the bid submitted by Diamond Surface, Inc. not to exceed$8,430.40 for planing the concrete grooves in Carson’s Bay Bridge, The Public Works committee is mindful to further reduce the amount of the square footage of the planing to the area between the fog lines.  Councilmember Crockett seconded.  Motion carried 5-0.

D.     Adopt 2005-2006 Council Goals & Priorities – Administrator Young provided a framework for discussion of the City Goals & Priorities that were developed from the January 19th work session.  Council agreed to have another work session and invite the Fire Chief to be present to discuss our issues.  Thursday, Feb. 24th at 10 AM was the Council’s first choice and Tuesday, Feb. 22nd at 10 AM is the second choice for this work session.  Other areas of discussion will be stormwater management and reviewing our ordinances.

 

6.         NEW BUSINESS

A.     Adopt Resolution No. 06-05, Supporting a Grant Application for Transit Oriented Funds  Elise Sounders a representative from the City of Minnetonka and Janet Lindbo, Executive Director of Homes W/I Reach were present to answer questions regarding the grant application for transit oriented funds to help write down the cost of the five affordable units in the Deephaven Cove Project.  Councilmember Skrede moved to adopt Resolution No. 06-05 supporting a grant application for Hennepin

County Transit Oriented Development funds.  Mayor Anderson seconded.  Upon roll    call vote Anderson, Kask, Skrede voted aye.  Crockett and Wheaton voted nay.  Resolution No. 06-05 was adopted.

B.     Approve Completion of One Year Probation of Police Officer Chris Whiteside -  Councilmember Crockett moved to approve the permanent full-time status of Chris Whiteside with the contractual pay of $3,729.27.  Councilmember Skrede seconded.  Motion carried 5-0.

C.     Review City Fiscal Policy – Administrator Young reviewed the 2005 – 2009 recommendations regarding property tax levy, bonded debt/facility lease payment, general fund reserve, capital improvement fund reserve and utility fund reserve.

D.     Review Personnel Policy – Administrator Young asked for Council’s recommendation regarding the updated Personnel Policy.  After Council’s recommendation the Policy will be forwarded to the City Attorney for his comments.  The first reading will be scheduled for the March 7, 2005 Council meeting.

E.      Discuss Weekend Snow Removal of Trails & Ice Rinks – Council discussed options of removing snow on weekends from the trails and rinks.  Council endorsed the Park Committee recommendations and see if the rinks could be cleaned by an outside contractor.

Administrator Young stated a letter from CEI Engineering Associates, Inc. regarding a proposal from Terracon for soil borings at Thorpe Park Tennis Courts.  Councilmember Skrede moved to hire CEI to proceed with the work.  Councilmember Kask seconded.  Motion carried 5-0. 

F.      Discuss Second Council Meeting in February

A work session meeting date was determined or either February 22 or 24th.

           

           

7.         REPORTS FROM DEPARTMENTS

A.     Public Safety - Chief Gustafson stated an article was placed in each Council packet about Officer Bridgett Joyce being Deephaven’s first female police officer.  Also a copy of the letter from Congressman Jim Ramstad was in the packet congratulating Bridget. 

Chief Gustafson shared a letter from Mrs. Beverly Shunick of Illinois regarding Deephaven and its asnice.

B.     Public Works – Administrator Young reviewed the report of activities for January and February. 

Administration – Administrator Young reviewed the Administration report.  The tree removal bid went to Ostvig Tree Inc.  The Deer Management has slowed down with only 17 deer have been removed to date.  Waste Management is offering a trial program to approximately 50 – 100 residents to obtain feedback on the new single sort recycling.  A summary of the 2004 financials were included in the report.

 

8.          ADJOURNMENT

             Mayor Anderson adjourned the meeting at 11:30 PM.  .

 

Respectfully submitted,

Sandra R. Langley

City Clerk/Treasurer