DEEPHAVEN CITY COUNCIL MINUTES

Monday, March 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 and City Clerk Sandy Langley

 

2.                  APPROVE CONSENT AGENDA

Councilmember Crockett asked to have item C and D moved off the consent agenda and be placed under New Business.   Councilmember Crockett moved to approve the following consent agenda items:

A.     Minutes of February 7 & 24, 2005 as submitted.

B.     Approve the February accounts payable in the amount of $135,008.09.

Councilmember Wheaton seconded.   Motion carried 5-0.

            Councilmember Skrede asked to amend the agenda to discuss Fire District agenda item.

 

3.                  MATTERS FROM THE FLOOR

Joyce Flury, Southshore Senior Center, gave an update on the activities of 2004.  A luncheon on April 11th at noon is scheduled for all residents, city staff, and council members to Celebrate the Cities.

Pat Florence, 3920 Walden Shore, stated she would like to have a representative on the Boat Committee who has no interest in having a mooring space to represent the majority of the residents.

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

 

4.         PUBLIC HEARINGS

A.     Ordinance Amendment - 

Mayor Anderson convened the public hearing for the recommendation on an ordinance amending Section 1305.02(3) to include pet grooming, with no overnight boarding of animals, as a special use in the C-1 Commercial District.

 

Mayor Anderson opened the public hearing for public comment.

There being no public comment, the hearing was closed.

 

Councilmember Crockett moved to waive the second reading and adopt Ordinance No. 13-35 as presented.  Councilmember Skrede seconded.  Upon roll call vote Anderson, Crockett, Kask, Skrede and Wheaton voted aye.  Ordinance No. 13-35 was adopted.

 

 

B.  Special Use Permit – Lisa Collodora – 18104 Minnetonka Blvd (C-1,10,000)

      Mayor Anderson convened the public hearing for a special use permit to operate a pet

      grooming business in the C-1 Commercial District.

 

Lisa Collodora presented the request.  She explained that her business has been located in Minnetonka for the past seven years and that the building she currently leases is scheduled to be demolished later this year.  She primarily works alone which limits the number of animals on the site.  Typically no more than six to ten dogs are groomed in a given day.  She proposes a four foot by two foot, non-illuminated sign on the building.

 

      Councilmember Skrede reported the Planning Commission unanimously

      recommended approval of the special use permit to operate a pet grooming business

      in the C-1 Commercial District.

     

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

      public comment, the hearing was closed.  

 

Councilmember Crockett moved to adopt Resolution No. 10-05 approving the special use permit to operate a pet grooming business in the C-1 Commercial District.

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

      Skrede and Wheaton voted aye.  Resolution No. 10-05 was adopted.

 

C.     Variance – Judd Olson, 19940 Cottagewood Road (R-2, 40,000)

Mayor Anderson reconvened the public hearing for the variance request to build an addition over an existing non-conforming garage within the required side and lake yard setbacks and to construct a front entryway addition within the required front yard setback.  The requested variances are for six feet of the required twenty-five foot side yard setback and ten feet of the required one hundred foot lake yard setback for the proposed addition over the garage and a variance of twenty-one feet of the required fifty foot front yard setback for the proposed front entryway addition.

 

Judd Olson presented the request.  He explained that he would like to construct an addition over the existing garage and add a new front entryway.

 

Councilmember Skrede presented the Planning Commission report unanimously recommending approval of the request as proposed.

 

Mayor Anderson opened the public hearing for public comment.  Mark Klesk, 19900 Cottagewood Rd, stated he is in full support of the project.  There being no further

      public comment, the hearing was closed.

 

      Councilmember Kask moved to adopt Resolution No. 11-05 approving the variance

      request to alter a non-conforming structure through the addition of a second story      

      which encroaches seventeen feet into the required front yard setback, six feet into the

      required side yard setback and fifteen feet into the required lake yard setback and the

      request to encroach twenty-five feet into the required front yard setback for the

      proposed front entryway.  A practical difficulty exists in lot area, which is half of the

      minimum required and the required lake setback.  The motion is conditioned that roof

      of the proposed entryway not extend any further than eight feet from the foundation

      and that the entryway remain open.  Councilmember Skrede seconded.  Upon roll call

      vote Anderson, Crockett, Kask, Skrede and Wheaton voted aye.  Resolution No. 11

      -05 was adopted.

 

D.   Storm Water Pollution Prevention Program

Mayor Anderson convened the public hearing for public comment regarding the City of Deephaven’s storm water pollution prevention program.  There being no

       public comment, the hearing was closed.

           

       Kent Carlson was drafted to help staff on a stormwater control program within the

       City.

 

5.         UNFINISHED BUSINESS

First Reading of Ordinance No. 3-10, Establishing a New Personnel Policy – Administrator Young reviewed the framework that was done comparing the old personnel policy with the new one.   Following the first reading and the incorporation of any additional comments the document will be sent to the City Attorney for his review. The second reading will be presented at the March 21, 2005 Council meeting.

 

Mayor Anderson congratulated Sandy Langley on being chosen by a committee of the South Lake-Excelsior Chamber of Commerce to receive one of two 2005 Community Hero Awards.  The award is given to a person or persons who help make life better for one of us, or some of us, or all of us.  Sandy was nominated for her selfless service to Greenwood in transition times and for the time and assistance and support she gave to Nancy Kelm at the start of her job as Greenwood City Clerk and throughout her illness.

The award will be presented at the Party of the Year on Friday, March 18th.

 

6.         NEW BUSINESS

A.     Approve Sale and Purchase of Police Vehicles  Chief Gustafson gave background information regarding the fleet of vehicles the Department has and what they would like to sell in exchange for purchasing two 2005 Ford Expeditions.

Councilmember Skrede moved to authorize the sale of the 1994 Chevy Astro Van, the 1996 Jeep, the 1999 Buick Sedan and the 2001 GMC Denali and the purchase of two 2005 Ford Expeditions at a net cost of $32,078 for the Deephaven Police Department.  Councilmember Kask seconded.  Motion carried 5-0.

 

B.     Approve Contract with Lake Management  for Aquatic Weed Treatment -  Mayor Anderson  moved to table this action and get a couple other quotes for a company to furnish the City with weed treatments in St. Louis Bay and Carson’s Bay.  Councilmember Skrede seconded.  Motion carried 5-0.

 

C.     Authorize Advertisement for Bids for 2005 Seal Coating Project – Administrator Young reviewed the 2005 Capital Improvement Plan which includes $75,000 for seal coating city streets.  Councilmember Wheaton moved to authorize City Staff to develop plans and specifications for 2005 Seal Coating and further authorizes the advertisement for Bids for 2005 Seal Coating at an estimated cost of $75,000.  Councilmember Kask seconded.  Motion carried 5-0.

 

D.     Approve Services on the Adoption of a Flexible Spending Account – Administrator Young gave the background information on what the employees currently are provided which is a pre-tax insurance option, commonly known as Premium Only Plan (POP).  City Staff is recommending that the City move from a Premium Only Plan to a Flexible Spending Account (FSA) that would expand the number of eligible pre-tax offerings.  City Staff is recommending contracting with EideBailly for providing both the initial setup services and the annual re-enrollment and discrimination testing services. Mayor Anderson moved to table this action until our next Council meeting as he would like to see some other choices that may be better for our employees.  Councilmember Wheaton seconded.  Motion carried 5-0.

 

E.      Adopt Sewer Maintenance Policy – Administrator Young reviewed the recommendations through the League of Minnesota Cities Insurance Trust that the City adopt a formal Sewer Maintenance Policy.  Councilmember Crockett moved to adopt the Sewer Maintenance Policy as submitted.  Councilmember Kask seconded.  Motion carried 5-0.

 

F.      Discuss Parking Permit Fees - Council discussed fee options for 2005 and

recommended the same fees as in 2004.  Council asked to have our LMCD representative review our amenity points with LMCD so we know where we stand; Council can then evaluate whether we need the amenity points associated with public parking (used heavily by boat trailers) in the gravel lot south of City Hall (some of which is park land).  Staff was asked to work with the Park Committee and review our City options in providing parking options in the gravel lot south of City Hall.  Staff was also asked to find out what the City’s Park and Ride obligations may be re: the MTC.

 

G.     Discuss Town Hall Meeting – Council selected April 12, 2005 to have an “Open Mike Night” for the residents to come and discuss items with the Council.  On the flyer the Council goals and priorities will be listed.

 

H.     (2C.) Approve the appointment of Darel Gustafson and Marc Anderson to three year terms on the Boat Committee.  Councilmember Wheaton moved to approve the appointment of Darel Gustafson and Marc Anderson to the Boat Committee.  Councilmember Skrede seconded.  Motion carried 5-0.  Councilmember Crockett raised the comments made by Pat Florence during Matters from the Floor, who requested there be a member of the Boat Committee who had no stake in a boating resource, pointing out that the Watercraft Ordinance was recently amended to make that a goal but not a requirement.  Councilmember Skrede pointed out that the actual decision making is done at Council level and the Boat Committee is a recommending committee.  Since the current Council has three members that have no stake in a boating resource, it was felt the diversification requested by Ms Florence had been met.

 

I.        (2D.)  Re-appoint Kent Carlson, Marvin TenClay and Bob Werneiwski to the Planning Commission for three-year terms.  Council continued action on this item

to the next meeting to allow the Planning Commission an opportunity to make a formal recommendation.

 

 

J.       Fire Board Resolution – Councilmember Skrede asked the Council for a resolution to

      submit to the Fire Board on Deephaven’s concern regarding performance standards.

      Council would like to have some recommendation back from the Fire Board in a

      timely manner regarding the responsibilities and commitment to all residents in the

      District.  A resolution will be drafted for the Council to act on at their next meeting.

           

7.         REPORTS FROM DEPARTMENTS

            A.  Public Safety – Chief Gustafson reported that the fire arms safety program will be

                  starting in April.

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

      and March. 

C. Administration – Administrator Young reviewed the Administration report.  He noted

      that City staff is in the process of compiling a list of potential grants to see if   

      financial assistance can be obtained for stormwater improvements, park &

      recreational improvements, a possible fishing pier, dry hydrants and emergency

      response equipment or training.

Deephaven Cove has been approved by the Department of Administration and the road vacation for a portion of Sullivan Road was recorded with Hennepin County.

City Staff is going to review Section 530 of the City Code regarding public nuisances and submit recommendations on additional provisions and amendments at the April 18th Council meeting.

Stormwater Pollution Prevention Plan should be completed in 2005.

 

8.          ADJOURNMENT

             Mayor Anderson adjourned the meeting at 10:05 PM. 

 

Respectfully submitted,

Sandra R. Langley

City Clerk/Treasurer