Deephaven City Council Minutes

October 18, 2004

7:00 PM

1. CALL TO ORDER

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

PRESENT: Mayor Tom Anderson, Councilmembers Nancy Middleton, Paul Skrede, Jon Monson

ABSENT: Councilmember Kim Crockett

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

2. APPROVE OCTOBER 4, 2004 MINUTES

Councilmember Middleton moved to approve the minutes of October 4, 2004 as submitted. Councilmember Monson seconded. Motion carried 4-0.

3. MATTERS FROM THE FLOOR

Mark Thompson, 20590 Linwood Road, thanked Councilmembers Nancy Middleton and Jon Monson for serving on the Council. He also thanked the Council for the special recognition to Tom Maple for all he has done to our community.

Being there were no further comments, Mayor Anderson closed matters from the floor.

4. PUBLIC HEARINGS

A. Final Design Review- Deephaven Cove, Steven Scott Development, 3660 County Road 101

Mayor Anderson convened the public hearing for final review of a proposed twenty-eight-unit townhome development. The review will include discussion on the joint project within Deephaven and Minnetonka, affordable housing units, the proposed subdivision of the property, a review of the site plan, proposed elevations of the structures and a review of the application and its conformity to the Planned Unit Development Standards.

Dean Dovolis, Architect, presented the plans and highlighted the final design and site improvements for the Deephaven Cove Townhouse projects.

Mayor Anderson opened the hearing to the public.

Dari Murphy, 17771 Jericho Rd, stated she was representing a group of Minnetonka and Deephaven homeowners adjacent to the Sullivan Property. They wanted to voice their concern with the screening and height of retaining walls.

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

Councilmember Middleton stated she just received the handout today regarding the Detachment and Annexation Agreement with the City of Minnetonka and would like to move forward with the final Design review subject to the City Attorney’s approval.

Scott Bader, of Steven Scott Development, Inc., stated the Agreement is very similar to what was presented the first time around and has been reviewed by the City Attorney.

A question regarding the Development Agreement with the City of Deephaven needs to be reviewed, as it was just handed to the Developer tonight and clarification needs to be addressed on costs associated with Minnetonka and Deephaven on improvements so there is no double dipping costs to each City.

Councilmember Skrede asked Planning Commissioner Keith Kask if there would be any reason for this development process to go back to the Planning Commission?

Keith Kask, Planning Commission Chair, felt that all the issues have been discussed and all items could be placed in the Development Agreement dealing with timelines to responsibilities, plantings, etc.

Councilmember Monson moved to conditional approve the final design review of the twenty-eight-unit townhome development at 3660 county Road 101 subject to the conditions in the Development Agreement be finalized. Councilmember Skrede seconded. Motion carried 4-0.

B. Ordinance Amendment – Parade of Homes - Mayor Tom Anderson convened the public

hearing regarding the adoption of the Ordinance Amendment to regulate the Parade of Homes and similar showcase events.

The hearing was opened for public comment, there being no comments the hearing was closed.

Councilmember Monson asked if there could be a variance provisions for this request?

Mayor Anderson noted that Ordinances could be amended down the road.

Councilmember Skrede moved to adopt Ordinance No. 13-32 as presented and waived the second reading. Councilmember Middleton seconded. Upon roll call vote Anderson, Middleton and Skrede voted aye. Monson abstained. Ordinance No. 13-32 was adopted.

C. Subdivision/Variance – Thomas Miller, 19780 Cottagewood Road, (R-2-40,000) – Mayor

Anderson reconvened the public hearing for the request to subdivide an existing lot into two lots. A variance request of the required lot area to create lots that do not meet the minimum required lot area. A variance request to encroach fifty feet into the required one hundred-foot lake yard setback on the newly created lot.

Attorney John Lang spoke on behalf of Thomas Miller. The main issue with the request is the calculation of the lot area pertaining to the wetlands.

Mayor Anderson opened the public hearing to the public, there being not public comment the hearing was closed.

Councilmember Monson stated our Ordinance regarding the definition of lot area and the application is confusing and needs clarification, which is the next item on the agenda.

Mayor Anderson stated the Ordinary High Water Level is defined by the State and is defined.

Councilmember Middleton stated she favors the City Attorney’s recommendation of denial of the requests.

Zoning Coordinator Karpas presented Resolution No. 39-04 denying the subdivision and variances.

Councilmember Middleton moved to adopt Resolution No. 39-04 to deny the two-lot subdivision at 19780 Cottagewood Road. The proposed lots do not meet the minimum required lot area requirements of the city ordinance and the property, in its current configuration. The request for a variance to construct a home on Parcel B was conditioned on the approval of the subdivision, and since the subdivision was denied the request for variance is denied. Councilmember Skrede seconded. Upon roll call vote Anderson, Middleton, Skrede voted aye. Monson abstained. Resolution No. 39-04 was adopted.

D. Ordinance Amendment – Lot Area Definition Ordinance – Mayor Anderson convened the

public hearing on the adoption of an ordinance to define lot area.

Mayor Anderson opened the public hearing for public comment, there being no comment the hearing was closed.

Councilmember Middleton stated the Planning Commission recommended 5-0 to approve the proposed definition of lot area and the changes to the platting/wetland ordinance.

Councilmember Middleton moved to adopt the first reading of Ordinance No. 13-33. Councilmember Skrede seconded. Upon roll call vote Anderson, Middleton and Skrede voted aye. Monson voted nay.

Councilmember Monson felt there needed to be more clarification in the definition due to the OHWL and how the water line meanders. .

5. UNFINISHED BUSINESS

A. Adopt Resolution No. 38-04, A Resolution of Appreciation to Tom Maple – Mayor Anderson recognized and thanked Tom Maple for his outstanding service to the City and surrounding South Lake area. Councilmember Middleton moved to adopt Resolution No. 38-04. Councilmember Skrede seconded. Upon roll call vote Anderson, Middleton, Monson and Skrede voted aye. Resolution No. 38-04 was adopted.

B. Review 2005 Park Improvement Fund – Administrator Young reviewed the Park

Improvement 2005 Budget. Jim Woodburn, Chair of the Park Committee reviewed the Park Improvements scheduled for 2005 and estimated costs relating to the projects selected. Councilmember Middleton moved to approve the 2005 park Improvement Budget in the amount of $70,000 as presented. Councilmember Monson seconded. Motion carried 4-0.

C. Review 2005 Marina Fund - Administrator Young reviewed the Marina Budget for 2005.

Councilmember Middleton moved to approve the 2205 Marina Fund Balance as presented. Councilmember Monson seconded. Motion carried 4-0.

D. Discuss Fire Relief Association Request – Mayor Anderson stated the Council will continue

action on this request.

6. NEW BUSINESS

A. Request for reimbursement for paint damage to car (William Robinson) – Council directed staff to send a letter and a copy of the letter from Mr. Robinson to the company who handled the striping of the road and to hold back final payment of the escrow until this matter has been resolved.

B. Request for temporary on sale non-intoxicating malt liquor license to Cottagewood General Store – A request for the temporary on sale license is requested for October 22, 2004 to hold an Octoberfest. Administrator Young stated that approval should be conditioned upon proof of insurance provided to the City. Councilmember Skrede moved to approve the Temporary on sale non-intoxicating malt liquor license tot he Cottagewood General Store with the condition that the proof of insurance liability and the City of Deephaven be added as additionally insured. Councilmember Monson seconded. Motion carried 5-0.

7. REPORTS FROM STANDING COMMITTEES

A. Public Works Committee – Administrator Young reviewed the minutes of the September 29, 2004 minutes. The final payment to Bituminous Roadway came in at approximately $46,709 less than anticipated.

- The Toro Mower has purchased the Toro Groundsmaster 328D.

- The Committee is reviewing the need to install a fence along the East Side of the Sand/Salt Shed. The Committee is recommending planting approximately 6-8 techni arborvitae trees instead of a fence.

- The Committee reviewed drainage problems on Easton Road, Hamilton/Montgomerie Avenue and in Amesbury. The Committee agreed to work together on developing a storm water policy.

B. Park Committee – Jim Woodburn reviewed the 2004 Park Improvements earlier on the Agenda. Administrator Young provided a brief update of the activities of the Department. The warming house will be resided by members of the public works department.

C. Boat Committee - – Administrator Young reviewed the minutes of October 13, 2004. Councilmember Skrede stated the Boat Ordinance is being reviewed on the subletting language.

David Gross, LMCD representative was present to discuss critically dense Bays concepts and size regulations of boats for the use of launching boats at the public launch. Amenity Points were also discussed and the need to develop a long-range plan on the configuration of docks.

8. ADJOURNMENT

Councilmember Monson moved to adjourn the meeting at 9:20 PM. Councilmember Middleton seconded. Motion carried 4-0.

Respectfully submitted,

Sandra R. Langley