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City of Deephaven, Minnesota
 
"two square miles of tranquility"

 

 

DEEPHAVEN CITY COUNCIL MINUTES

Monday, August 2, 2004

7:00 p.m.

 

  1. CALL TO ORDER

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

    PRESENT: Mayor Tom Anderson, Councilmembers Nancy Middleton, Paul Skrede, Jon Monson and Kim Crockett.

    ABSENT: None

    STAFF: Administrator Dana Young and Zoning Coordinator Gus Karpas.

  2. APPROVE CONSENT AGENDA

Councilmember Middleton moved to approve the following consent agenda items:

    1. Minutes of July 19 & 26, 2004
    2. Verifieds
    3. Resolution No. 22-04, Approving the Appointment of Election Judges

Councilmember Monson seconded. Motion carried 5-0.

  1. MATTERS FROM THE FLOOR

    2. Mayor Anderson opened the meeting to matters from the floor. Jeannie Bowers-Stead, 21600 Fairview Street in Greenwood, sincerely thanked Deephaven Police Officer Tom Gregory for saving the life of a resident walking on the LRT Trail in Greenwood and the City for respecting the mutual aid agreement that provides assistance to neighboring communities. She stated her appreciation for the Deephaven Police Department working with Excelsior due to the additional police protection it provides along Minnetonka Boulevard as the Police Department drives through the City of Greenwood several times each day. She also thanked the Deephaven Public Works Department for their excellent work in mowing that portion of Minnetonka Boulevard next to Greenwood’s walking trail.

    Ms. Bowers-Stead commended the City Council and Staff for building community within our City by hosting the Southshore Senior Center Picnic, the Fire Station Open House and the City Council Grill Night. She thanked the City Council for their community spirit and leadership and presented the Council with pictures taken of the official opening of the Carson’s Bay Bridge and of Council Grill Night.

    Hearing no further comments from the public, matters from the floor was closed.

  2. PUBLIC HEARINGS
    1. Public hearing on a proposal that the City issue revenue bonds under the Minnesota Municipal Industrial Development Act in order to finance the costs of the purchase and rehabilitation by Leisure Living – GEAC, LLC.

      2. Mayor Anderson convened the public hearing at 7:05 p.m. and asked attorney Jennifer Hanson, an associate of City Attorney Jerry Gilligan, to provide background information concerning this proposed bond issue. Jennifer Hanson stated that GEAC intends to purchase a 77-unit assisted living facility in Minnetonka and the City of Deephaven is permitted to issue revenue bonds on behalf of GEAC. She stated that the resulting debt would be solely an obligation of the borrower and not the City.

      Councilmember Skrede asked Ms. Hanson to explain how the issuance of this bond does not impact the City’s debt obligations. Ms. Hanson stated that MN. State Statute and the Federal Tax Code allows cities to incur debt on behalf of a private entity that does not effect the City’s debt limit or debt obligations.

      Tom Maple, 19685 Lakeview Avenue, stated that GEAC has received a resolution from the City of Minnetonka that supports the project. He stated that Minnetonka’s resolution, along with the resolution proposed for adoption tonight, would enable GEAC to purchase and upgrade the facility.

      Resolution No. 26-04, A Resolution Authorizing and Approving the Issuance and the Sale of a Commercial Development Revenue Note was adopted subject to a final review of the fee schedule and supporting documents on a motion by Councilmember Middleton, seconded by Councilmember Crockett. Motion carried 5-0.

    2. Variance – Arthur Johnsen, 3655 Parkway, (R-3, 20,000).

      3. Mayor Anderson convened the public hearing at 7:15 p.m. for a request for a variance to exceed the maximum permitted impervious surface by three percent to construct a new addition. Arthur Johnsen stated that he has reduced his impervious surface in the past from 29.7% to 26% when he removed a portion of his driveway. He stated that the proposed addition would increase the amount of his impervious surface back up to 28%. Councilmember Middleton gave a brief summary on the recommendations of the Planning Commission concerning this request. She stated that none of the Commission members objected to the request and the Planning Commission voted unanimously to approve the request. Zoning Coordinator Gus Karpas added that the Planning Commission requested that the City Engineer review the drainage plan as a condition of their approval.

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

      Councilmember Crockett asked if there were any other opportunities to reduce hardcover and noted the presence of a patio around the gazebo area as a possibility. Arthur Johnsen stated that he intends to remove a parking spot near his driveway, which would reduce hardcover by an additional 0.5%. Councilmember Crockett asked Councilmember Middleton if the Planning Commission voiced any concerns on reducing the amount of hardcover? Councilmember Middleton stated that the Planning Commission did not have a concern with trying to reduce existing hardcover.

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      Councilmember Monson stated that he felt that this was a nice project but also had concerns with the amount of hardcover, especially after the substantial rains we had this spring. He agreed with Councilmember Crockett that we should look to remove existing hardcover and recommended that the applicant use permeable pavers that do not have an impact in the calculation of hardcover. He stated that he would like to see the project move forward without the need for a variance and recommended the use of permeable pavers in a 400 S.F. area of existing hardcover to reduce the amount of hardcover to 26%.

      Councilmember Skrede stated that the actual percentage of impervious surface that Mr. Johnsen is proposing with his new addition is 27.6%. He stated that if you deduct .6% due to the parking space that Mr. Johnsen is intending to remove, the applicant is really down to 27%.

      Mayor Anderson asked if Mr. Johnsen is permitted to have 29.7% hardcover due to a former variance he received on his property. Councilmember Monson motioned to table further discussion on this issue until the City Attorney could recommend whether the former variance granted to Mr. Johnsen on impervious surface was still in effect. Councilmember Monson later withdrew his motion.

      Zoning Coordinator Karpas stated that a variance was needed due to the applicant adding a new addition.

      Councilmember Skrede stated that Mr. Johnsen has dropped the amount of hardcover over the last several years from 29.7% to 27.6%, even including the new addition.

      The Council approved the request by Arthur Johnsen, 3655 Parkway, to exceed the maximum permitted impervious surface by three percent to construct a new addition, subject to staff providing additional findings of fact to reflect the additional reductions that have been made in hardcover, on a motion by Councilmember Middleton, seconded by Councilmember Skrede. Motion carried 5-0.

    3. Variance – Mark Klesk, 19900 Cottagewood Road, (R-2, 40,000).

      4. Mayor Anderson convened the public hearing at 8:42 p.m. for a request for variances to encroach fifteen feet into the required fifty foot front yard setback, ten feet into the required twenty-five foot side yard setback, forty-two feet into the required one hundred foot lake yard setback along the west side property line and thirty-four feet into the required one hundred foot lake yard setback for a proposed single family structure. The applicant is also requesting variances to encroach ten feet into the required twenty-five foot side yard setback and sixty feet into the required one hundred-foot lake setback to construct a swimming pool.

      Mark Klesk stated that a number of the proposed variances are no longer needed due to an incorrect survey. He stated that the east and west side yard variances and the hardcover

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      variances are no longer needed. Zoning Coordinator Karpas confirmed that the east side yard variance is no longer required, the structure has moved to the east thereby increasing the west side setback to a conforming 26’ and the hardcover variance has been removed due to the use of permeable pavers.

      Mayor Anderson opened the meeting for public comments. Judd Olson, 19940 Cottagewood Road, stated that he supported the proposed project. Thomas Miller, 19780 Cottagewood Road, stated that he had an issue with the current R-2 zoning designation for his neighborhood, which included Mr. Klesk’s property, and stated that the land use was more applicable to an R-3 Zoning District. He stated that he also has an issue with the wetland setback and supports Mr. Klesk’s project. Councilmember Skrede stated that he agrees with Mr. Miller’s support of Mr. Klesk’s project but not his legal opinions.

      Hearing no further comments, the public hearing was declared closed.

      Councilmember Monson asked Mr. Klesk his reasons for constructing a new home. Mr. Klesk stated that he cannot remodel his existing home to the desired effect, his single car garage floods due to the slope of the driveway, and the costs of remodeling has become prohibitive due to the scope of the proposed project.

      Councilmember Monson stated that it has been Deephaven’s tradition to require applicants to build within the existing footprint. He asked how many trees would have to be removed for the construction of his home? Mr. Klesk stated that approximately five trees will be lost and several pine trees in front may also have to be removed.

      Mayor Anderson asked if the Planning Commission has had the opportunity to review the revised site plan. Councilmember Middleton stated that the Planning Commission did not get the opportunity since the meeting had adjourned when Mr. Klesk returned with his revised survey. Mayor Anderson stated that it might be helpful to have the Planning Commission review the revised plans.

      Councilmember Crockett stated that the Council has received two packets on Mr. Klesk’s application – one for the Planning Commission and an updated staff report. She also felt that it might be more prudent to have the Planning Commission review the updated material. Councilmember Middleton stated that she feels the Planning Commission needs to review any substantial changes to plans.

      Councilmember Crockett asked staff to check whether there are any slope issues effecting Mr. Klesk’s property, to provide some sense of history on how the Council should deal with a lot with two lake fronts, and how to deal with permeable pavers as a remedy to hardcover standards. Mayor Anderson also asked staff to provide a definition of lakeshore, especially since Mr. Klesk has to extend his dock 400’ out past the cattails in order to find open water.

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      Mayor Anderson directed the issue back to the Planning Commission for their further consideration of the revised information.

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

Mayor Anderson convened the public hearing at 9:15 p.m. for a request to subdivide an existing lot into two lots, which require a variance of the minimum required lot area and a variance to encroach fifty feet into the required one hundred foot lake yard setback on the newly created lot.

John Lang, with the law firm of Messerli & Kramer, stated that he would be speaking on behalf of Thomas Miller in this subdivision/variance request. Mr. Lang stated that the subdivision is in full harmony with the neighborhood, zoning standards, frontage, street layout and would not adversely effect the view of the lake or his neighbors. He stated that the size of the lots have been discussed both at the Planning Commission and with City Staff and both have incorrectly interpreted that a variance of 50’ was needed from the 929.4 high water mark. He stated that his client has sufficient lot area due to the fact that he is only required to be 25’ back from the wetland, which is actually what constitutes the shoreline. Councilmember Middleton stated that the Planning Commission had voted 6-0 to deny the subdivision. Zoning Coordinator Karpas summarized the findings of the Planning Commission.

Mayor Anderson opened the meeting for public comment. Mark Klesk, 19900 Cottagewood Road, stated that he supports the improvement of property and the development of vacant land. He stated that if the property supports a house, he supports the project.

Hearing no further comments, the public hearing was declared closed.

Councilmember Middleton stated that she does not support the request. She stated that she felt the property was currently being put to a reasonable use and was concerned about creating two lots that required variances if the subdivision were approved, which she felt would constitute poor planning practices.

Councilmember Crockett stated that the issues raised by both the Millers and Klesks were tough ones to figure out. She stated that both raised interesting questions on whether their property was in the appropriate zoning district and both properties abut the lakefront on two sides. She asked what is our policy position in regards to these setbacks? Are we protecting the wetland or requiring structures to be set back a reasonable distance from the shoreline or wetland?

Mayor Anderson stated that there wouldn’t be an issue with this request if you did not have the 100’ setback from the lake. He stated that the Department of Natural Resources has established the lake as beginning at 929.4 high water level due to potential changes in water

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elevations. He asked if the nature of the back bay was changing in terms of a shrinking lake frontage and whether the City’s current definitions and setbacks are not antiquated. Councilmember Crockett agreed that the lake frontage in the back bay is significantly different from Linwood, for example, and she stated that she would like to look at the whole area in order to resolve these problematic requests.

Discussion was held on the interpretation of Section 1325.07 of the City Code pertaining to the determination of lot sizes containing wetlands. Councilmember Skrede stated that there needs to be a common agreement on the interpretation of the wetland ordinance in order to determine if there are two buildable lots with the required minimum size requirements. Councilmember Middleton stated that regardless of lot size, variances would still be needed for both lots from the lake yard setbacks. She stated that that subdivision request should be denied because newly created subdivisions should not require variances.

The Council tabled discussion on the Thomas Miller request until the September 2, 2004 Council meeting in order to obtain more reliable information on the size of each lot within the proposed subdivision on a motion by Councilmember Middleton, seconded by Councilmember Monson. Motion carried 5-0.

  1. OLD BUSINESS
    1. Authorize Pay Request No. 1, Bituminous Roadways ($240,358.91) – The Council authorized

      2. Pay Request No. 1 to Bituminous Roadways in the amount of $240,358.91 for the Minnetonka Boulevard Mill & Overlay Project on a motion by Councilmember Skrede, seconded by Councilmember Monson. Motion carried 5-0.

    2. Approve Playground Structure and Location – Discussion was held on the possible location

for a donated piece of playground equipment offered by Landscape Structures, Inc. Administrator Young stated that representatives from Landscape Structures preferred Children’s Park as a site for the playground equipment, with Thorpe Park and Village Hall Park a close second choice. The Council directed the Park Committee to consider this issue at their upcoming meeting and include the following factors in their decision:

    1. The playground equipment should be painted an appropriate color;
    2. Landscape Structures should provide for the preparation and installation of the equipment;
    3. A letter of understanding should be established between the City and Landscape Structures outlining the responsibilities of both parties;
    4. The Park Committee should limit their discussion on the location of the playground equipment to Shuck Park, Thorpe Park and the Main Beach.

    1. Update on Long-Range Planning Group – Councilmember Crockett provided an update on the progress of the Long-Range Planning Group. She stated the she has been meeting with

 

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representatives from the Boat & Park Committees in order to determine whether the

Comprehensive Plan accurately describes and reflects our current standards as a community.

She stated that she would like to go to the Chairs of each committee to get input on our

Comprehensive Plan and ordinances with the goal of drafting appropriate changes.

Mayor Anderson suggested holding a Council Worksession after the Labor Day holiday to discuss issues relating to the Comprehensive Plan.

  1. REPORTS FROM BOARDS, COMMITTEES & DEPARTMENTS

    2. Public Safety – There was no report on public safety.

    Public Works – Administrator Young provided a brief update on the Report of Activities for the Public Works Department. Councilmember Skrede requested information from staff as to why the garbage hauler needs to take two passes on a street to pick up garbage or recyclables rather than simply driving once on the street and manually pick up garbage from both sides.

    Councilmember Monson stated his concern regarding the quality of the bituminous curb that is currently being installed by Bituminous Roadways. Administrator Young stated that he would contact the engineer concerning this matter and the issue would likely be reviewed by the Public Works Committee later this week.

    Administration – Administrator Young provided a brief summary of the goose survey conducted

    by The Canada Goose Program that reported a very small goose population in Deephaven; a

    delay by Edward Kraemer & Sons in completing the installation of two planks and the removal of

    excess rip rap at Carson’s Bay ramp; and an update on Library Committee activities, the Hwy 101

    Reconstruction Project, and the Minnetonka Blvd Overlay Project. The Council requested that

    Administrator Young inform the Library Committee that it may not be appropriate having a

    representative from Deephaven on the Committee since the Council has no intention to assist

    with the financing of the new library.

  2. ADJOURNMENT

Motion to adjourn by Councilmember Middleton, seconded by Councilmember Monson. Motion carried 5-0. The meeting adjourned at 10:15 p.m.

Respectfully submitted,

 

Dana H. Young

 

 

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