DEEPHAVEN CITY COUNCIL MEETING

MONDAY, FEBRUARY 5, 2007

MINUTES

1. CALL MEETING TO ORDER: Mayor Paul Skrede called the meeting to order at 7:00 p.m.

PRESENT: Mayor Paul Skrede, Councilmembers Keith Kask, John Wheaton and Kim Crockett

ABSENT: Councilmember Steve Adams

STAFF: Zoning Administrator Gus Karpas, Police Chief Virgil Gustafson and City Administrator Dana Young

2. PLEDGE OF ALLEGIANCE

The Council recited the Pledge of Allegiance.

3. APPROVE CONSENT AGENDA

Motion by Councilmember Kask to approve the consent agenda, consisting of the following items:

A. Minutes of January 3 & 25, 2007

B. Verifieds

C. 2007 Contract with Lake Management for Aquatic Weed Control

D. 2007 Park Committee Chair & Vice-Chair

E. 2007 Planning Commission Chair & Vice-Chair

Seconded by Councilmember Crockett. Motion carried 4-0.

4. MATTERS FROM THE FLOOR

There were no Matters from the Floor.

5. PUBLIC HEARING

A. Assessment of delinquent charges pertaining to the abatement of a public nuisance.

Administrator Young stated that the proposed special assessment was for the removal of three diseased trees at 20255 Linden Road. He stated that amount of the assessment was $1,650.00 - $1,550.00 to remove the diseased trees and $100.00 in administrative costs. He stated that the resident preferred to have the cost of the tree removal to be assessed on his property taxes rather than having to pay for the cost of removing the trees this year.

Mayor Skrede opened the public hearing for public comments. Hearing no comments, the hearing was declared closed.

Motion by Councilmember Wheaton to adopt Resolution No. 06-07, A Resolution approving a Special Assessment for the Abatement of a Public Nuisance. Seconded by Councilmember Kask. Motion carried 4-0.

6. PLANNING & ZONING REQUEST

VARIANCE – Paul and Elizabeth Norton, 4145 Heathcote Road, (R-2, 40,000) The applicants are proposing to raise the roof on the existing home and to demolish and rebuild an existing non-conforming garage. As part of the project, they propose to build front and rear additions onto the garage and to construct a new front porch addition.

The requested variance is for nine feet of the required fifty-foot front yard setback and eleven feet of the required twenty-five foot south side yard setback for the proposed garage reconstruction. The requested variance is for seven feet of the required fifty-foot front yard setback for the proposed porch addition.

Zoning Coordinator Karpas presented the request. He said the request is to remove the existing non-conforming garage and rebuild it with an addition to the front and rear of it. The applicant has indicated that it is structurally unsafe and in need of repair. In addition, the applicant would like to construct a second story addition and add a front porch to provide a covered entryway for the structure.

He said the applicant has said there is a need to update the home and that the proposed remodel cannot be done in compliance with the ordinances due to the placement of the home on the property and the terrain characteristics of the lot.

Karpas said the Planning Commission accepted into the record a letter of support from Jim and Friedlander, 4167 Heathcote Road whose property would be the most affected by the project.

Zoning Coordinator Karpas presented the Planning Commission Report. He said the Commission recommended by a 5-0 vote that the Council approve the request in accordance with the findings of staff that a hardship exists in the placement of the home on the lot, the angle of the home in relation to the south property line and the inability to construct the proposed additions within the ordinance requirements due to the topography of the north portion of the lot. They felt the proposed project was in keeping with the character of the neighborhood.

Mayor Skrede opened the public hearing. Hearing no comment, the hearing was closed.

The Council was supportive of the request. Councilmember Kask noted the request is consistent with past projects in the area.

Councilmember Crockett moved to approve the variance request to encroach nine feet of the required fifty-foot front yard setback and eleven feet of the required twenty-five foot south side yard setback for the proposed garage reconstruction and requested variance for seven feet of the required fifty-foot front yard setback for the proposed porch addition, as presented, at 4145 Heathcote Road, in accordance with the recommendations of the Planning Commission and City Staff. A hardship exists in the placement of the home on the lot, the angle of the home in relation to the south property line, the inability to construct the proposed additions within the ordinance requirements due to the topography of the north portion of the lot and the proposal is in keeping with the character of the surrounding neighborhood. Seconded by Councilmember Kask. Motion carried 4-0.

7. UNFINISHED BUSINESS

A. Discuss St. Louis Bay Dock Plan

Mayor Skrede stated that the LMCD has adopted an ordinance that would render the City’s existing 2003 application null and void. He stated that the City does have the option to send a letter to the LMCD Board requesting an extension of the existing application beyond the current April 1, 2007 deadline. He stated that the City would likely need additional time to submit the new application, which requires a survey and other documentation. He requested that the City Council direct Staff to send a letter to the LMCD Board requesting an extension of the existing application. He added that this request is solely an attempt to save some money on application fees as opposed to reviving the old 2003 dock plan.

David Gross, the City’s Liaison to the LMCD, stated that the LMCD Board adopted an ordinance last March, which established a deadline of one year until April 1, 2007 for outstanding applications. He stated that an extension could be granted or denied by the Board.

Mayor Skrede asked if the Council wanted to hold a Town Hall meeting to review the revised St. Louis Bay dock plans? He stated that there are very few substantial changes in the proposed plan, which includes adding 10 dock slips and eliminating an equivalent number of slide spaces. He stated that shore space would remain in the same location.

Councilmember Wheaton commented that there would likely be very limited discussion on the St. Louis Bay dock plan at a Town Hall meeting due to the relatively minor proposed changes. He asked if the plan would go into effect in 2008.

Councilmember Kask stated that he felt the plan should move forward in the 2007 Boating Season. He stated that the changes are so minor with a simple addition of only ten dock slips to the existing dock. He stated that he didn’t know if the dock plan would be enough of a discussion item to warrant a Town Hall meeting. Councilmember Wheaton stated that he couldn’t see why we couldn’t get the dock plan done in 2007.

Mayor Skrede stated that the Boating Season begins on April 1^st. He stated that the larger slide plan could move forward without LMCD approval. He added that the Council did agree to give residents the opportunity to review the final St. Louis Bay dock plans and asked the Council how they would like to move forward on the proposed plan.

David Gross recommended that the new 10 slips could be constructed with a removable dock. He stated that this would enable people to more readily access the boat ramp during the winter months.

Councilmember Kask suggested holding a public meeting on the St. Louis Bay dock plan at the regular Council meeting in April. Councilmember Wheaton agreed that a separate Town Hall meeting did not need to be held on this issue.

Councilmember Crockett reminded the Council that a Special Worksession has been scheduled to follow the March 5^th Regular Council meeting to discuss the allocation of resources issue.

Mayor Skrede suggested holding a Worksession in February to discuss the St. Louis Bay dock plan and the allocation of slides. The Council decided to hold the Worksession on 3:30 p.m. on Friday, February 16^th and included their decisions in the Public Hearing portion of the March 5^th meeting.

David Gross reminded the Council that there are seven temporary variances that have been granted by the LMCD for the construction of the St. Louis Bay docks and strongly recommended that the existing docks should not be reconstructed as it would require the LMCD to reconsider the temporary variances.

Councilmember Crockett stated that she was delighted to see an email from Bonnie Ulve and Scott Montgomery, 3800 Virginia Avenue, voicing their concern about how the larger slide spaces would be allocated. She noted that the Boat Committee’s recommendation was to give the larger slide space to everyone who currently has a boat wider than the 5’4” width requirement. She stated that those individuals who had larger boats on the slides prior to the adoption of the slide width requirement in May 2004 should be grandfathered in, but that she has a problem permitting those who didn’t follow the slide width requirements to have a larger slide space.

Mayor Skrede agreed that this is a discussion that the Council needs to have.

Councilmember Crockett noted that the City Council adopted a resolution requiring those individuals with wider boats in violation of the slide width requirement to be in compliance with the requirements by the 2007 Boating Season.

Mayor Skrede requested Staff to write a comprehensive draft policy concerning the larger slide spaces for Council review at the February 16^th Worksession.

8. NEW BUSINESS

A. Adopt Ordinance No. 09-17, Amending Section 900.06 Subd. 3 of the Watercraft Ord.

Administrator Young stated that the Deephaven Boat Committee has recommended an amendment to the Watercraft Space Ordinance that would delete Section 900.06 Subd. 3 on Inactive Status. Councilmember Kask stated that the Boat Committee is recommending that Inactive Status be discontinued due to its minimal impact on providing movement to the waiting list and the confusion that is caused when someone on Inactive Status is returned to the top of the waiting list.

Mayor Skrede agreed that it is confusing to those on the waiting list when someone comes off Inactive Status and moves to the top of a waiting list. He further recommended that those currently on Inactive Status should not be taken off the list with the adoption of this ordinance but rather should have the opportunity to complete their stay on Inactive Status.

Motion by Councilmember Wheaton to adopt Ordinance No. 09-17, Amending Section 900.06 Subd 3 of the Watercraft Space Ordinance, with the understanding that those residents currently on Inactive Status would be entitled to complete their full tenure. Seconded by Councilmember Kask. Motion carried 4-0.

B. Adopt Ordinance No. 09-18, Amending Section 900.08 of the Watercraft Ordinance

Administrator Young stated that the Deephaven Boat Committee has recommended an amendment to the Watercraft Space Ordinance that would require residents who turn down the second opportunity for a watercraft permit to be removed from the waiting list rather that simply moving to the bottom of the list.

Councilmember Kask stated that he is concerned that someone who declines a second opportunity for a watercraft permit and signs back up on the waiting list might be asked a third time for boating permit if staff has gone through the entire waiting list to lease a space. He stated that this would be a waste of staff’s time and recommended that there be some waiting period before an individual could return to the waiting list. Administrator Young stated that staff could simply inform residents who have been removed from the waiting list after turning down a permit for the second time that they would not have the opportunity for a boating permit until the following boating season.

Motion by Councilmember Crockett to adopt Ordinance No. 09-18, An Ordinance Amending Section 900.08 of the Watercraft Space Ordinance. Seconded by Councilmember Kask. Motion carried 4-0.

C. Adopt Resolution No. 07-07, Amending Deephaven’s Flexible Benefits Plan

Administrator Young stated that the City Council adopted a Flexible Benefits Plan effective January 1, 2006 that provides City Employees with Dependent Care Flexible Spending Account and a Health Flexible Spending Account. He stated that the Dependent Care Flexible Spending Account was originally established with a maximum annual employee contribution of $5,000.00 and the Health Flexible Spending Account was originally established with a maximum annual employee contribution of $1,000.00.

He stated that with the Flexible Benefits Plan in operation for one year, it has become apparent that the amount of the maximum annual employee contribution for the Health Flexible Spending Account was set too low at $1,000.00 to adequately cover eligible health and dental costs. For this reason, City employees have requested an increase in the amount of their contribution towards eligible medical and dental costs from $1,000.00 to $4,000.00 per year.

Motion by Councilmember Crockett to Adopt Resolution No. 07-07, Amending Deephaven’s Flexible Benefits Plan. Seconded by Councilmember Wheaton. Motion carried 4-0.

9. DEPARTMENT REPORTS

A. Police Department

Police Chief Gustafson noted that a police activity report for the month of January has been included in the Council packet and stated that there is a need to increase the hourly rate charged for those holding events within the City for police services. He further noted that he has recently denied a resident’s application to have more than two dogs due to several complaints the Department has received on the dogs. He added that he has given the resident the opportunity to appeal his decision to the City Council.

B. Excelsior Fire District

Councilmember Crockett stated that she had nothing new to report concerning the Fire District. Mayor Skrede stated that the Funding Allocation Committee would be held at Deephaven City Hall on February 7^th.

C. Public Works

Administrator Young provided an update on recent department activities.

D. Administration

Administrator Young provided a brief update on the following items:

· 2006 Financial Summary

· Update on Fiscal Agent Services

· Upcoming Financial Audits for Woodland and the Fire District

· Senior Community Services Meeting

· Signing of Excelsior Fire District Bond Documents

· 2007 Garbage Rate Increase

· Cellular Phone Survey

Councilmember Wheaton provided a brief update on the January 4^th Park Committee meeting.

Councilmember Crockett noted that the Fire Department has expressed concern regarding the inability to use their Nextel cell phones due to the number of dead zones throughout town. Mayor Skrede noted that Sprint/Nextel has contacted Staff about the possibility of locating in Deephaven by either utilizing the existing T-Mobile cell tower or some other site.

Councilmember Kask recommended including a notice in the April Newsletter about the community programming provided by Mediacom.

10. ADJOURNMENT

Motion to adjourn by Councilmember Kask, seconded by Councilmember Wheaton. Motion carried 4-0. The meeting adjourned at 8:45 p.m.

Respectfully submitted,

Dana H. Young, City Administrator