DEEPHAVEN CITY COUNCIL
MONDAY, MARCH 6, 2006
7:00 P.M.
Page 1
1. CALL TO ORDER: Mayor Anderson called the meeting to order at 7:00 p.m.
PRESENT: Mayor Tom Anderson, Councilmembers Kim Crockett, Keith Kask, Paul Skrede and John Wheaton
STAFF: City Administrator Dana Young, Police Chief Virgil Gustafson and Zoning Coordinator Gus Karpas
Motion by Councilmember Crockett to approve the consent agenda, which consists of the minutes of February 6th and 21st, the verified accounts, the reappointment of David Paulson, Larry Parkhust and Steve Pavek to the Boat Committee, approval of the 2006 Lake Management Contract for Aquatic Weed Removal, approval of the 2006 Sweeper Bids, approval of the sale of city property at auction, adoption of Ordinance No. 09-14 establishing the definition of Boat Length, authorizing the purchase of 2006 Capital Equipment and Vehicles and the reappointment of Hans Larson, Lucy Hicks and Bryan Sykora to the Park Committee. Councilmember Wheaton seconded. Motion carried 5-0.
Councilmember Kask asked about when the city plans to sweep the streets. City Administrator Young said a specific date has yet to be set, but that it typically takes place in April.
Councilmember Crockett commented that the Lake Minnetonka Conservation District would be doing some research into alternative methods of removing milfoil from the lake. She thinks we should keep an eye on what they’re doing and if it’s effective, ask our vendor to copy their efforts.
3. MATTERS FROM THE FLOOR
Mayor Anderson opened the Matters from the Floor portion of the meeting.
Councilmember Skrede
announced that the annual attic sale for the
Hearing no further comment, the Matters from the Floor portion of the meeting was closed.
4. PUBLIC
HEARINGS
A.
Special
Use Permit –
Mike
Conden,
Councilmember Wheaton asked if the intent was to place signage along the whole length of the front overhang. Mr. Conden said the awning would be centered on the overhang and extends four feet in height.
Councilmember Kask asked if there were plans for a lit sign on the premises. Mr. Conden said not at this point in time. Councilmember Crockett clarified that the awning would not be lit. Mr. Conden said it would not.
Councilmember Skrede asked for clarification on the exact dimension of the sign since what has been verbally presented to the Council does not reflect the dimension on the application. Mr. Conden said the dimensions included in the application are incorrect. He said the sign would be 14’ wide by 4’ high.
Councilmember Crockett gave the Planning Commission report saying the Commission recommended approval of the request.
Mayor Anderson asked if there was anyone from the public who had any comments. Tim Lifton, Minnetonka Community Education, thanked the Council for their consideration of the request. He said the sign would by 14’ by 4’, royal blue in color and unlit.
Councilmember Skrede said he still felt there were some issues with the dimensions since they don’t seem to add up. Mr. Lifton said there might be some confusion due to the “wings” that would wrap around the ends of the awning to hide the internal framing.
Motion
by Councilmember Skrede to approve the special use request to place a 14’ wide
by 4’ high awning, with side wings to hide the framing, as presented, at
B. Annual Storm Water Pollution Prevention Program Public Hearing.
City Administrator briefed the Council on the progress being made by staff to comply with the requirements of the Minnesota Pollution Control Agencies regulations on the prevention of storm water pollution.
Mayor Anderson opened the Public Hearing. Hearing no comment, the public hearing was closed and he asked the Council for their comments. There were no Council comments.
No action was required on this issue.
5. UNFINISHED BUSINESS
A. Adopt Administration Policy on Sending Deadline Notices
City Administrator Young said that the establishment of this type of policy is on the Council’s goals and priorities. He said the policy could be as simple as crossing people off the list as the city receives notice that they are interested in remaining on the list, and sending a reminder letter to those who have not contacted the city a week before the deadline.
The Council discussed options on how to contact individuals ranging from telephone calls to delivery of certified mail. Concerns were raised about how much staff time may be necessary to send the reminders.
Mayor Anderson said the city has met its obligation once the first notice has been sent. He said if necessary, the city could send a second notice with a tracking number so the city could verify that a notice was delivered. This would be much cheaper than certified mail and take substantially less staff time. Councilmember Kask said the city only needs to show that an attempt was made to contact individuals.
Councilmember
Wheaton asked what the most common excuse was from individuals who didn’t meet
the deadline. Administrator Young said
most people said they just forgot.
Councilmember Skrede suggested changing the language of the ordinance to say the city would provide rather than send a second notice.
Mayor Anderson said he was happy with the proposed policy. Skrede said that the language regarding the second notice should list a variety of ways the city may contact individuals. Councilmember Kask agreed, he did not want to confine city staff to sending second notices by certified mail only.
Motion by Councilmember Wheaton to adopt the Administrative Policy on sending second notices to those who do not respond to the initial notice with the language corrections proposed by Councilmember Skrede. Councilmember Crockett seconded. Motion carried 5-0.
B. Review 2006 City Goals and Priorities
City Administrator Young said that Councilmember Wheaton had some suggestions to add to the Council’s Goals and Priorities. He noted they were included in memo form in their packets.
Councilmember Wheaton said he had a number of issues he wanted to address and receive feedback from the other Councilmembers. The first was that he would like to create clear guidelines when it comes to the approval or denial of variances. Mayor Anderson said that each request is unique and that each Councilmember has their own trigger points when reviewing a request that guides the way they vote. Because of this, it would be difficult to set a defined policy.
Councilmember
Skrede agreed with Mayor Anderson. He
said that after some time on the Council, you start to learn what is reasonable
and acceptable. He said that all
requests must consider the property and where it is located.
Mayor Anderson asked about Mr. Wheaton’s next goal about Eminent Domain. Councilmember Crockett said she would like to address this issue. She feels it is important that the city recognize the rights of private property owners and that their rights are protected under the constitution. She said the zoning ordinance should be the only compromise to those rights. She feels the City Council should take a stand and make a statement that they do not accept the findings of the Supreme Court in the Kelo decision. She is asking the Council to consider adopting a Resolution stating they do not accept the reasoning of the Court. She said two state lawmakers are proposing legislation in opposition of the decision.
Councilmember Kask asked if it would be wise to pass such a resolution prior to action from the Legislature. Crockett said not necessarily, but noted the bill has bi-partisan support and that she would love to pass a resolution in support of it. She doesn’t believe that doing so would tie the hands of future Councils from obtaining property for a public use.
Mayor
Anderson said he’s had time to think about this. He said there are larger communities such as
Crockett said that might be true, but individual property owners have the right to say no and must be justly compensated. Mayor Anderson said he would support a resolution that was more Deephaven specific in its content, assuring the right of individuals to maintain the use of their property in a manner that trumps commercial development. He does not want to place a political importance on it, especially since he hasn’t read the bill.
Councilmember Skrede reminded Crockett that a number of resolutions have come before the Council which were not acted on since they only provided lip service.
Councilmember Kask said he understands the passion on this issue, though he disagrees that a resolution wouldn’t send a message. He believes it would. He agreed with Mayor Anderson that a resolution would put the city at odds with what other cities have to deal with on a daily basis.
Continuing with Councilmember Wheaton’s list, Mayor Anderson suggested that he speak with the Historical Society about the preservation of historic homes.
The Council addressed the issue of record retention and steps that could be taken to preserve the integrity of records viewed by the public. The Council agreed that it would be difficult to institute a policy that wouldn’t result in the consumption of a lot of staff time.
The final item Councilmember Wheaton wanted to discuss the placement of decorative street lighting in select locations throughout the city. Mayor Anderson said he likes the idea and would like to see the Council take further action to this idea. He thinks it would be a material improvement to Deephaven.
6. NEW BUSINESS
A. Approve 2006 Lifeguard Contract
Tim Lifton, Minnetonka Community Education Services (MCES), briefed the Council on their proposal and explained that they had forty to fifty guards on their staff who also provide swimming lessons.
Mayor Anderson asked if MCES would consider a three year contract at the rate bid for the one year contract. Mr. Lifton said he would research the request, though he liked the idea from a budget standpoint.
Councilmember Skrede reiterated that the fee would remain the same for each year of the contract. Councilmember Crockett felt that John Raby, Minnesota Safety Services, who was not in attendance at the meeting, should also be given an opportunity to bid on a three year contract.
Crockett asked if the city had received any feedback on the previous year’s service provide by Minnesota Safety Services. City Administrator Young commented that the service had been good.
Councilmember Kask said he would like to see a one year contract bid and a three year bid. Mayor Anderson agreed and he would also like to see Mr. Raby present a similar bid. Councilmember Skrede said he would like to review those bids at the March 20th meeting.
Councilmember
Wheaton asked Mr. Lifton about MCES’s inclement weather policy. Mr. Lifton said the lifeguards man the radio
and use cell phones to communicate with other guards and the main office.
Mayor Anderson clarified what the Council was seeking, which is a one year bid and a three year bid. Councilmember Skrede said he would like to see a one year bid and an additional bid for the 2007 and 2008 seasons. He feels that action could be taken on the one year bid now and then seek additional bids for the future contract.
Motion by Councilmember Skrede to approve the bid from Minnetonka Community Education Service of $27,950 to provide lifeguard services for the 2006 season. He encouraged all interested parties to submit bids for a multi-year contract covering the 2007 and 2008 seasons. Councilmember Crockett raised the issue that the contract should run through Labor Day now that schools in the state don’t start until after the holiday. Mr. Lifton said the contract amount would need to be prorated to cover the expense of the eight additional days of service. The Council agreed and the motion was amended to reflect that the contract would run through Labor Day and the amount of the contract would be prorated to reflect that change. Councilmember Crockett seconded. Motion carried 5-0.
Staff was directed to contact Mr. Raby of Minnesota Safety Services to obtain a bid for the upcoming seasons.
B.
Review Request
for Open Burning Permit, Swen-Marie Germann,
Firefighters John Barnes and Lee Burgland were present with the applicant to answer Council questions.
Swen-Marie Germann said that they would like to donate the home they recently purchased to the Excelsior Fire District for training burns. She said an inspection for asbestos, found that some existed in the home and that it would be removed per the Minnesota Pollution Control Agency’s requirements prior to any burns. She said once the Fire District is completed with their training, a contractor would immediately remove the structure.
John Barnes, Excelsior Fire District, said they have inspected the house and found it to be suitable for interior training. He said the burns, if approved, would take place on multiple dates over a period of two to three weeks. He said this type of training is very valuable.
Mayor Anderson asked if there was anyone from the public who would like to comment on the issue.
Don
Pearson,
Rose
Hanson,
Chris
Romeo,
Councilmember Crockett feels that if the request were approved, she would like to see the Fire District get the maximum training out of it and would be opposed to too stringent of a time restriction.
Mayor
Anderson said he had been contacted by the Berscheit’s,
Councilmember Crockett asked it the homeowner received a tax deduction for donating their home for this use. Mr. Barnes said there is, but he’s not sure the exact write off.
Mr. Romeo asked if all items, which could cause noxious fumes, would be removed. Mr. Barnes said the fire would not be burning the actual home, rather cardboard is used to simulate fire conditions. Councilmember Crockett asked why. Mr. Barnes said it is easy to light and easy to put out.
Councilmember Wheaton asked how often this type of training took place. Mr. Barnes said it is done quite often throughout the district.
Mr. Romeo asked about the outside appearance of the home after a training session. Mr. Barnes said there would be no outside evidence of what is happening inside, such as burn marks. He said that in the event a window is broken, the Fire District secures it with plywood and screws.
Hearing no further public comment, the Public Hearing was closed.
Councilmember
Skrede asked who would be in charge of the training. Mr. Barnes said the Fire District has a
Training Captain who oversees the training.
Councilmember Skrede asked what benefit there would be to the firefighters
located at the
Councilmember Skrede questioned whether the integrity of the roof would be maintained. Mr. Barnes said it would. Councilmember Skrede asked if the training would be used to check response time. Mr. Barnes said it would not and that the firefighters will all be on site before the fire is lit.
Councilmember Skrede asked if the Fire District assumes responsibility for all collateral damage. Mr. Burgland said there have been incidents of minor damage in past burns and that it has fallen on the homeowner to take responsibility.
Councilmember Wheaton asked what the risk of the situation getting out of hand. Mr. Burgland said it would be rare since there would be twenty firefighters on site. Mr. Barnes added that the entire structure would not be engulfed, rather individual fires would be set and then put out.
Councilmember Crockett asked if the trees on the west side of the property would be safe and whether the burn could be limited to the east side of the home. Mr. Barnes said the trees would be safe and that limiting the burn to the east side of the home would take away from the training, since the bedrooms are on the west side of the home and noted that most fires start in the bedrooms of a home.
Councilmember Skrede said the city does not want to assume liability for security of the structure between burns. Mr. Barnes said the Fire District would secure the home before they leave the site.
Councilmember Kask said the scope of the burn has been clearly defined. He noted that the Council rejected a control burn request recently, but that he feels this request is different in that the Fire District wants to do a burn on this property and the characteristics of the neighborhood are different. He said there is an availability of an unlimited water supply at the nearby hydrant in the case of an emergency. He feels this would be good training for the firefighters, which would directly benefit the citizens of Deephaven. Councilmember Crockett agreed.
Councilmember Wheaton noted there is a lot more space between the homes in the neighborhood and that the neighbors seem more amenable to the request. He would like to see the Council set specific time parameters for the training and limit the truck traffic to Fairhomes.
Councilmember Skrede feels that people in the neighborhood need to know that the firefighters on site are also EMTs and that they are available to provide treatment to those who may be affected by any smoke issues.
Don
Pearson,
Mayor Anderson said it is fair to ask for a definition of the time period for the training and feels that the training should be completed within three weeks of the neighbor notification. He asked the homeowner when they intended to remove the home completely. Ms. Germann said the intent was to have the home removed in April. Mayor Anderson said that the demolition contractor and the Fire District should coordinate so the home is removed immediately after the burns are done.
City Administrator Young reminded the Council that road restrictions are in place until May 1st, so a contractor cannot remove the home until that time.
Councilmember Skrede asked about the possibility of using foam to extinguish the fire. Mr. Barnes said that foam would be used.
Motion by Councilmember Crockett to approve the request for an open burn at 17950 Fairhomes Lane subject to the following conditions, that the training burns take place on the interior home only and that care be taken that exterior evidence of the burn not be visible, that all windows broken during the training be secured before firefighters leave the property, that the time period of the training not exceed three weeks from start to finish with the dates left at the discretion of the City Administrator, that the structure be completely removed within five business days once the training is completed, that all asbestos and other noxious materials be removed prior to the commencement of training, that the vehicle used in the training access the property from Fairhomes Lane without use of their sirens or lights and that the permit is granted with the understanding that the Fire District assumes all liability for collateral damage. Councilmember Skrede seconded with the understanding that the homeowner would provide insurance coverage to cover any unforeseen issues. Motion carried 5-0.
C. Approve Request for Extension of Resolution No. 09-04, Windhaven Properties
Wendy Bennis, Windhaven Properties addressed the Council. She said they are requesting an extension of the variance/special use permit for their project.
Mayor Anderson asked if the approved plan was being altered. Ms. Bennis said there have been discussions, but no changes have been made. Mayor Anderson reminded Ms. Bennis that any change in the plan would require them to go through the process again with a new application.
Councilmember Crockett asked why they were seeking an extension if there is a potential to change the plan. Ms. Bennis said that it’s not for certain that the plan would be changed.
Mayor Anderson expressed concern about setting precedence by granting more than one extension. He said the Council has never granted more than one extension to an applicant. Ms. Bennis said that the original extension was due to continued environmental concerns on the property. She said the continued delay is to try to work out a deal to acquire the adjacent property, which would change the plan. Mayor Anderson said the only reason for acquiring the adjacent property is to help with the parking issues, but he noted, the Council has already approved the parking for the property.
Councilmember Crockett said she would support an extension, but not an entire year. Councilmember Kask agrees that the subject property is a difficult lot for development and thinks the request for an extension is reasonable, with the understanding there would be no further extensions.
Councilmember Wheaton noted that the property is a marquee corner in the city. He said it would save a lot of time if the owner would go through with the original plan. He would also support an extension with the understanding that no further extensions would be issued.
Councilmember Skrede asked if the applicant would have an idea about the use of the property by September. Ms. Bennis said it make take a couple of months to determine to go with the approved plan or not. Mayor Anderson asked why the Council should extend the deadline if the original plan is not going to be followed. Ms. Bennis said they would like to keep their options open.
Mayor Anderson said that the City Council reviewed the original plan and loved it. The Council thought it would be a great addition to the city. He understands that environmental issues delayed the project initially and that an extension was necessary. He’s concerned that the owner is seeking a further extension, in essence, putting the project in a holding pattern. He feels either build the project as approved or approach the city with a different idea.
Councilmember Crockett said she understands the owner’s point of view, not wanting to let their approval lapse while negotiating with the adjacent property owner. Mayor Anderson said his issue is that if the project, as approved, was feasible; it would have already been constructed.
Councilmember Crockett said she would support a reduced extension with the understanding that the property will be cleaned up in the meantime.
Councilmember Skrede supports a reduced extension; he would not pass this issue on to a new Council. Councilmember Wheaton agreed and said he would support a six-month extension as a way to give the owner an incentive to pursue a final plan.
Motion by Councilmember Kask to approve the request for an extension of Resolution No. 09-04. The extension is granted through the end of September. Councilmember Wheaton seconded. Motion carried 5-0.
D.
Discuss
Comprehensive Plan Revisions
Zoning Coordinator Karpas informed the Council that it was time to begin the process for updating the city’s Comprehensive Plan (Comp Plan).
The Council discussed the information included in the packet from the Metropolitan Council (Met Council) outlining the required information that must be included in the Comp Plan.
Councilmember Crockett is concerned about the Met Council’s density requirements and the language that the city should use their density methods in future developments. Administrator Young said the city is not required to increase density, rather the Met Council is asking that density be taken into consideration on future developments.
Crockett commented that, as far as the transportation component, the city has already worked with MCTC on delineating their route through the city.
Councilmember Skrede asked about the boundaries of the LRT and if by including the map provided by the Met Council, is the city agreeing to their boundary.
Mayor Anderson asked what the bottom line was, as far as what needed to be included in the final plan. Administrator Young said the information provided to the Council is preliminary and that more detailed information will be provided to the Council as a later date.
Crockett feels the existing plan should be reviewed and potential changes should be marked. Mayor Anderson said he just wants to know what needs to be updated and believes there is no need to reinvent the wheel. Crockett said she wants the plan to represent what the residents of Deephaven sense the direction of the city should be and not the Met Council’s.
Councilmember Kask said it should be both. It should reflect what the community wants, while meeting the minimum standards necessary to comply with the Met Council’s requirements. Mayor Anderson said the Council must make sure that the Met Council requirements are met without compromising the desires of the community.
E.
Discuss Town
Hall Meeting
Mayor Anderson said the intent of holding a Town Hall meeting in April was to discuss the Comprehensive Dock Plan. He has been informed that the Boat Committee needs more time to finalize their plan.
Councilmember Kask said the Boat Committee needs a minimum of two more meetings before it would be ready for a Town Hall Meeting, maybe more.
Councilmember Crockett said that the Boat Committee has done what it was directed to do up to this point, but that she has some reservations about discussing a plan that increases the number of docks without addressing the issues associated with the waiting list. She doesn’t see the point of raising the costs to the city for docks and slides if there is still a lack of movement on the list.
Kask said he understood that concern and the thought of the Boat Committee was that movement would be created by the addition of more of most desired Boat Storage Units (BSU’s).
Mayor Anderson said he thought the Boat Committee was on target and that they were addressing the waiting list. He agrees the problem centers on too few of the most desired resource.
Crockett said that docks and slides aren’t an equal resource. She has concerns about granting life time leases and believes the best way to move the list is by limiting the number of years a resident can have a dock slip.
Councilmember
Wheaton said the Park Committee was discussing the boardwalk at the
Mayor Anderson said he feels the Boat Committee is moving in the right direction and believes they can develop a plan that the whole Council can be comfortable with.
A date was not set for the Town Hall Meeting.
7. REPORTS
FROM BOARDS, COMMITTEES AND DEPARTMENTS
A. Public Safety
Police Chief Gustafson asked if there were any questions on his report. The Council discussed a recent string of robberies in the area believed to be done by an international crime ring. Chief Gustafson said the thieves would steal items and send them Federal Express to the east coast, where they were then shipped overseas.
B. Excelsior Fire District
Councilmember
Skrede informed the Council that training sessions are set to begin for new
recruits, the Fire Board has held meetings to discuss the hiring of a new Chief
and it was decided to hire a consultant to conduct the search. He said the contract with
Skrede said they would be meeting to discuss the capital improvement plan. Mayor Anderson asked what equipment was needed. Skrede said the Fire District would like to replace a 1986 truck. He said it would be voted on by the Fire Board and then discussed by the City Council.
C. Public Works
City Administrator Young presented the schedule of activity for the month of February. Mayor Anderson asked if money has been saved due to the mild winter. Young said the costs have gone down slightly.
D. Administration
City Administrator Young said the Deer Management program is completed for the year and the city netted thirty-four deer. He said the Lift Station panels have been delivered by Quality Flow, he said the city has been invited to join the City of Shorewood to put on a joint Winter Event, informed the Council that the April newsletter was near completion and said that Scott Bader will begin his townhouse project this spring.
ADJOURNMENT
Motion by Kask to adjourn
the meeting. The meeting adjourned at
10:20 p.m.
Respectively submitted,
Gus Karpas
Zoning Coordinator