DEEPHAVEN CITY COUNCIL
MONDAY, May 1, 2006
7:00 P.M.
Page 1
1. CALL TO ORDER: Mayor Pro Tem Skrede called the meeting to order at 7:00 p.m.
PRESENT: Councilmembers Kim Crockett, Keith Kask, Paul Skrede and John Wheaton
STAFF: City Administrator Dana Young, Police Chief Virgil Gustafson and Zoning Coordinator Gus Karpas
ABSENT: Mayor Tom Anderson
Motion by Councilmember Crockett to approve the consent agenda, consisting of the minutes of April 17th and the verified accounts. Councilmember Kask seconded. Motion carried 4-0.
3. MATTERS FROM THE FLOOR
Mayor Pro Tem Skrede opened the Matters from the Floor portion of the meeting.
David Gross, the City of
He said there are a number of items of interest to the city. The LMCD will be participating, with the DNR, in a pilot program for exotic weed removal. Three bays have been selected to receive chemical treatments, each bay with a different chemical. The LMCD will monitor the progress and how the ecology of the lake is affected.
Councilmember Wheaton asked if the intent was to kill pre-emergent weeds or to address weeds already established. Mr. Gross said the targets are established weeds.
Mr. Gross the LMCD will
participate in another program funded through the Environmental Sentry
Protection Grant. This program will
place equipment at boat launches to take photos of boats and trailers as they
enter and exit the lake. The photos will
then be downloaded and analyzed. The
target areas are Gray’s Bay Launch and another launch located in the City of
Councilmember Crockett asked
what the intent was. Mr. Gross said the
hope is to raise the consciousness of individuals using the lake, through the
knowledge they are being watched. The
hope is that this program will help not only
Mr. Gross said the Density Subcommittee has addressed a number of issues including the creation of a bi-annual newsletter, wake control and Operator licensing support. He said the LMCD would be happy to supply as many newsletters to the city as it wants for distribution. Mayor Pro Tem suggested that the newsletter be placed on the LMCD website so cities can link to the site from their websites.
Mr. Gross said another issue being addressed by the LMCD is wake control and signage reminding boaters to be mindful of their wakes. Recent research has shown that the actual number of boats on the lake has gone down, but the boats are getting bigger and faster.
The last issue the Density Subcommittee has been involved in is the push for operator licenses. The LMCD is lobbying the State Legislature to adopt laws requiring such licenses. At this point in time, there is very little support at the State level but the LMCD will continue its lobbying efforts.
Mr. Gross said there were
two Deephaven specific issues. The first
is the
Councilmember Kask said there’s a strong likelihood that application will be revised but he doesn’t have a feeling on the time frame. Mayor Pro Tem Skrede asked Mr. Gross to keep the city informed on any imminent changes in the LMCD ordinance that would affect the city’s application. Councilmember Crockett feels the city has spent significant money on the application and would like to keep it in play, even though there may be future revisions. Mr. Gross said he would attempt to keep the application alive. Mr. Skrede noted that Mr. Gross has worked hard on the behalf of the city on this issue.
Mr. Gross discussed the variance application of Deephaven resident Tim Burke. He said the request is to construct a 600-foot dock on the back bay to clear the vegetation in the lake. The LMCD permits a maximum length of 100 feet. The board asked Mr. Burke to work with his neighbors to come up with a plan for a common dock. It appeared as an agreement had been reached, then at the last minute, one of the neighbors backed out.
The last item discussed by Mr. Gross was the upcoming budget. He said there would be a meeting later in the month to permit the public to review the proposed budget. Councilmember Crockett asked if the process was changed to permit the city’s comments to be taken into account prior to the budget’s adoption and presentation to the cities. Mr. Gross said he understands the Council’s concern and that he was working on the process. Mayor Pro Tem Skrede said it is unacceptable to arbitrarily assemble a budget and assess cities and expect them to just accept it.
Mayor Pro Tem Skrede thanked Mr. Gross for his presentation and all his hard work on behalf of the city.
Mayor Pro Tem Skrede
informed the Council that in recognition of Arbor Day, there were three White
Pines planted in
Mayor Pro Tem Skrede informed the Council that the official waiting list for city marina resources is now available for review and that it is also on the website.
Hearing no further comment, the Matters from the Floor portion of the meeting was closed.
4. PUBLIC
HEARINGS
ACCESSORY
STRUCTURE SIZE PERMIT – Shawn and Angela Sherlock,
The
proposed structure would exceed the maximum seven hundred square foot area by
two hundred square feet.
Mayor Pro Tem Skrede noted there was no one present to speak to the request and suggested that it be continued to later in the meeting in case a representative shows up. The Councilmembers agreed.
ACCESSORY
STRUCTURE SETBACK PERMIT – Steve and Pamela Schechtman, 4245 Northern Road,
(R-3, 20,000). A request to build a swimming pool which encroaches into the
required rear yard setback.
The proposed encroachment is for seven feet of the required fifteen-foot rear yard setback.
Mayor Pro Tem Skrede informed the Council that a letter has been submitted by the applicant asking that his request be continued to the next scheduled meeting on May 15th so that it can be heard by the entire Council. Skrede noted that in the spirit of cooperation he feels it necessary to point out that there is no guarantee that there will be a full Council seated at the next meeting, though he would do his best to insure at least his attendance at the meeting. He told the Council that staff has sent a letter to Mr. Schechtman extending the sixty day period required for action on the request an additional sixty days as permitted by MN Statute 15.99.
5. NEW BUSINESS
A. Approve Quality Flow Prepayment Offer
City
Administrator Young said Quality Flow Systems, Inc. has made an offer to reduce
the outstanding balance owed by the city if the remaining amount were paid
prior to July 1, 2007, the date for the final payment under the current payment
schedule. The savings to the City of
Mayor Pro Tem Skrede noted that by paying in 2006 it will appear that the city exceeded its budget and that some notation should be added to the budget to clarify the situation.
Motion by Councilmember Crockett to approve payment to Quality Flow Systems, Inc. in the amount of $89,066.67 for the purchase of nine lift station control panels in exchange for receiving a $5,000 prepayment discount and $5,000 for the trade-in of the city’s nine old lift station control panels. Councilmember Wheaton seconded. Motion carried 4-0.
B. Authorize Participation of Mary Courtney in MN Municipal Clerk’s Training
City Administrator Young said Deputy Clerk Mary Courtney has expressed interest in participating in the Minnesota Municipal Clerk’s Institute’s three-year continuing education program. This would lead to a professional accreditation as a municipal clerk. It is a program that consists of three annual 4-1/2 day seminars at a cost of $410 per year.
Mr. Young feels the training would be a benefit for the city in many areas.
Motion
by Councilmember Crockett to authorize participation of Mary Courtney in the
Minnesota Municipal Clerk’s Institute’s accreditation program. The training and accreditation would be
beneficial to the City of
C. Discuss Waiting Period Following the Denial of a Variance
Zoning Coordinator Karpas noted the memo in the Council packet regarding the waiting period for an applicant who is denied for a variance. At this time, the city ordinance does not limit an applicant’s ability to re-apply, even if no change has been made to their request.
Karpas asked for direction from the Council on whether they feel ordinance language should be drafted to establish a waiting period.
Councilmember Kask is supportive of ordinance language requiring a wait period between applications. Councilmember Crockett asked why. Kask said it is necessary to establish some finality to a request. It would put some teeth into the process and forces the applicant to be thorough in their request and punctual in their presentation.
Councilmember Wheaton agrees and said it would prevent neglect and abuse of the process by applicants. Kask believes the language needs to be drafted for both variance and special use requests.
Councilmember
Crockett agrees with a deadline. She
feels it has worked well even though there was no language to support the
Council’s claim.
Mayor Pro Tem Skrede said there appears to be a consensus in support of the language requiring a wait period. The Council discussed the process. It was decided the Planning Commission would hold a public hearing and make a recommendation to the Council.
Councilmember Crockett asked about those applicants in the past who were given errant information and their right to be notified of the error. Mayor Pro Tem Skrede noted there would be only a few applicants affected by the error but an attempt would be made to contact them.
Zoning Coordinator Karpas said he would contact the City Attorney for his opinion.
D. Other
Mayor Pro Tem Skrede discussed the need for more definitive language to describe an accessory structure, more specifically, what type of connection would be necessary to deem an accessory structure a part of the principle structure. He said as it stands now, someone could build what amounts to a boardwalk between the principle structure and accessory structure and call it attached.
Zoning Coordinator Karpas said the ordinance could be amended to more clearly define the connection and questions whether the Council would like to look at the accessory structure portion of the ordinance as a whole.
Councilmember Kask said he recalled the changes in the ordinance and how they morphed from small sheds too larger structures. He’s supportive of language clarifying what constitutes a connection.
Staff was directed to draft language per the discussion of the Council.
6. REPORTS
FROM BOARDS, COMMITTEES AND DEPARTMENTS
A. Public Safety
Police Chief Gustafson said he would like some direction on how to proceed with the recently seized Lexus. He said he is hesitant to dedicate city money to pay off the lien. He would prefere bringing the vehicle to Elk River Ford and take whatever cash or credit value they offer.
Chief Gustafson said last week was tornado awareness week. During the actual drill he was able to contact three Councilmembers which is good since it constitutes a quorum in the event official decisions needed to be made. He said he would make a greater effort to get the CERT team involved in the drills.
The cameras for the squad cars have arrived and will be installed once the new radars are received.
Mayor Pro Tem Skrede feels that residents, especially those new to the city, should be made aware that the sirens are only a test in order to avoid unnecessary panic. He asked City Administrator Young for clarification on the vehicle issue.
Administrator Young said the city can take possession of the vehicle if it satisfies the existing lien. It could then retain the vehicle or sell it outright, hopefully for more than what the lien value was. If the vehicle is sold, whether to a private party or a dealer, he would like the payment to be received this fiscal year. Young said he would put out an advertised notice for bids.
B. Excelsior Fire District
Mayor Pro Tem Skrede said the District has received sixty-five inquires about the vacant Chief position and has sent out forty-three application packets.
Skrede says an issue has come up regarding an unpaid invoice for training firefighters received in 2003. He said the Fire Board was led to believe that a thirty thousand-dollar overage in 2003 was caused by this training. The invoice was about to be sent to a collection agency for non-payment, but that he and the interim Chief were able to negotiate a payment schedule to avoid collection.
C. Public Works
City Administrator Young presented the schedule of activity for the months of April and May. He said the street sweeper have begun their work after being delayed by the recent rains. Councilmember Wheaton said he has received complaints that residents had made efforts to move boats and vehicles only to have the sweepers not come around. Young said that’s always a risk with a contract service.
Skrede discussed the recent peet bogs that needed removal from city property. Councilmember Crockett asked how they end up on our property. Young said they break free from the back bay and float around the lake. If they aren’t removed they will take root.
Crockett asked about the disease tree program. Young said the program is ongoing. He said typically a homeowner is notified by mail and later express shock at the cost for removing the offending trees. Crockett asked about city owned trees. Young said they have been taken care of, but again, it’s an ongoing process.
D. Administration
City Administrator Young discussed election training for city staff and shorespace issues in regard to overlapping.
Young
referenced a letter from the Lake
Young discussed a proposed change in summer hours for City Hall. He said the hours of operation would be 8-5 Monday through Thursday and 8-12 on Fridays. He said the hours are more uniform than the current configuration. He noted that the actual staff hours would be from 7:30 to 5 Monday through Thursday, but that the doors would not open until 8. Councilmember Crockett said she had no problem with the hours but would like to see how they go over with the residents. Young said that Fridays are typically very quiet during the summer months.
Councilmember Wheaton expressed concern about public safety, more specifically the speed of construction traffic during the summer months and the children being out of school. He asked if contractors could be notified with a handout included with their building permit to watch their speed. Staff said they would draft a notice.
Mayor Pro Tem Skrede informed the Council that the city received a letter from an individual who had received a speeding ticket. He thanked the officer for notifying him, during the traffic stop, that the tires were low, appeared unsafe and needed replacement.
Mayor Pro Tem Skrede briefed the Council on recent discussions he and the City Administrator had with a representative from T-Mobile to discuss the lease agreement. He said they were able to negotiate the value of the lease from $832 to $1,250 a month. There is an understanding that the city could potentially require similar leases from those who co-locate on the tower.
Mayor Pro Tem Skrede noted that a representative for the Sherlock’s for their Accessory Structure Size Permit had not shown up. He asked the Council if there was a motion to continue the request to the May 15th meeting.
Motion by Councilmember Wheaton to continue the Accessory Structure Size Permit request for Shawn and Angela Sherlock at 4325 Cottonwood Lane be continued to the May 15th City Council meeting. Seconded by Councilmember Kask. Motion carried 4-0
ADJOURNMENT
Motion by Kask to adjourn
the meeting. Seconded by
Respectively submitted,
Gus Karpas
Zoning Coordinator