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

 

 

DEEPHAVEN CITY COUNCIL MINUTES

Thursday, September 02, 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 Paul Skrede, Jon Monson, Nancy Middleton and Kim Crockett.

    ABSENT: None

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

  2. APPROVE CONSENT AGENDA

Councilmember Nancy Middleton moved to approve the following consent agenda items:

    1. Minutes of August 16, 2004
    2. Verifieds
    3. Resolution No. 28-04, Authorizing the Winter Use of the Regional Trail

Councilmember Kim Crockett seconded. Motion carried 5-0.

  1. MATTERS FROM THE FLOOR

    2. There were no matters from the floor.

  2. PUBLIC HEARINGS
    1. Mark Klesk, 19900 Cottagewood Road, (R-2, 40,000).

      2. Mayor Anderson convened the public hearing at 7:14 p.m. for a request for the construction of a new home that would require a variance to encroach ten feet into the required fifty foot front yard setback, sixty feet into the required one hundred foot lake yard setback along the west side property line and forty-two 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 his request for a new home was approved unanimously by the Planning Commission. He stated that his property is almost impossible to construct due to the 100-yard setbacks from the lakeshore. He stated that the Planning Commission felt that a hardship was present and also approved his request for a swimming pool on a 4-1 vote with the condition that the pool adhere to setback requirements.

      Councilmember Middleton presented the Planning Commission Report regarding this request. She stated that the Commission was ambivalent regarding the swimming pool request and approved the request because they did not consider the shorefront abutting Mr. Klesk’s property as traditional shorefront.

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      Mayor Anderson declared the public hearing closed at 7:17 p.m.

      Councilmember Middleton stated that she has become more comfortable with the request due to the difficult setbacks but remains less agreeable to permitting a variance for the swimming pool.

      Councilmember Monson asked Mr. Klesk if he were still concerned about the traffic on Cottagewood Road? Mr. Klesk stated that he remains concerned about the high traffic counts throughout the City and asked why the question was relevant to his variance request? Councilmember Crockett stated that she also couldn’t understand the relevance of the question. Councilmember Monson stated the reason for his question is that Mr. Klesk had in the past demonstrated concern regarding the amount of traffic on Cottagewood Road yet he is only proposing a 40’ setback from the street. He asked Mr. Klesk why is he proposing to build within the frontyard setback if Cottagewood Road is too busy? Mr. Klesk explained that he is proposing to construct his house using a concrete frame, which should reduce the amount of noise from the street. Councilmember Monson stated his concern that Mr. Klesk will come back to the City Council to object that there is too much noise from the road if granted the frontyard variance. Mayor Anderson stated that it is the Council’s decision to determine if Mr. Klesk is proposing to construct too closely to the road and, by requesting a 10’ variance, it appears that Mr. Klesk is obviously comfortable with the proposed setback.

      Mayor Anderson stated that the Planning Commission did a nice job of working through the issues involving this request and asked whether the Council needs to meet at another time to consider whether the marshland in this section of the Back Bay should be considered as shoreline. He added that he would not object to Mr. Klesk’s variance request.

      Councilmember Kim Crockett stated that past practice dictates that when an existing structure is torn down, the applicant has comply with all required setbacks. She stated that she has talked to the Klesk’s about this issue and stated that she does not want to zone by variance. She stated that she is torn between granting the Klesk’s their requested variances, which seem reasonable, or making them wait until the Council can review the potential rezoning of the entire Back Bay.

      Discussion was held on the potential impact of requiring the applicant to move his proposed house back 10’ in order to be in compliance with front setback requirements. Discussion was held on permitting a side yard variance in order to obtain the required front yard setback. Mr. Klesk mentioned that moving his house ten feet further back from the street would require a longer garage and perhaps require a hardcover variance.

      Councilmember Monson stated that he would also like to see the applicant landscape by the northwest corner of the garage in order to screen the garage doors from the street. Mr. Klesk asked if landscaping has been required in other requests and who decides what is appropriate

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      landscaping. Zoning Coordinator Gus Karpas stated that the City Council has the right to attach appropriate conditions, including landscaping, to an applicant’s request. Councilmember Monson stated that he would like the applicant to install three evergreen trees at the northwest corner of the garage in order to provide appropriate screening from Cottagewood Road.

      The Council required Mark Klesk to adhere to front and side setback requirements, approved a 40 foot setback from the lake yard setback, required a minimum of three pine trees to be planted on the northwest corner of the proposed garage to provide appropriate screening of the garage doors from Cottagewood Road, and the applicant is required to submit engineering reports on design elevations for staff approval on a motion by Mayor Anderson, seconded by Councilmember Monson. Motion carried 5-0.

      Further discussion was held regarding the construction of a swimming pool that required variances from side and lake yard setbacks. Mark Klesk stated that the Planning Commission seemed ambivalent about the swimming pool. Councilmember Nancy Middleton stated that she considers the pool as an accessory structure, which is not a necessity or a structure that meets hardship requirements.

      Councilmember Monson stated that he doesn’t personally have a problem with the pool or with the variances needed to permit the pool, but was concerned that approval would cause an unfortunate precedent. Councilmember Crockett stated that she would like to resolve the setback issues from the lake before making a decision on the swimming pool. Mayor Anderson stated that the swimming pool does warrant additional consideration because as it now sits the pool would even encroach on the 25’ wetland setback.

      Mark Klesk withdrew his request for a swimming pool until the Council had the opportunity to further consider the impact of lakeshore setbacks and wetland setbacks in this section of the Back Bay.

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

      3. The public hearing on the final design review of Deephaven Cove was postponed until October 18, 2004. Mayor Anderson stated that there appears to be a number of differences that have emerged between the Deephaven City Council and the Minnetonka City Council in regards to this proposed development. He recommended that he contact Mayor Karen Anderson about holding a joint meeting to discuss these differences. He added that the project now appears to include elements of affordable housing and that the proposed annexation of land into Deephaven no longer appears to be on the table. Administrator Young stated that he would recommend that representatives from each City Council meet to discuss these issues rather than holding a joint meeting of both councils. Mayor Anderson stated that he would contact Mayor Karen Anderson to set up a meeting with representatives of both councils to discuss the differences concerning the development of this property.

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    3. Ordinance Amendment – Driveway – Recommendation to the City Council on the adoption

      4. of an ordinance to require a minimum setback for driveways in residential districts.

      It was the consensus of the City Council that adoption of minimum setback requirements for driveways would create bigger headaches than the proposed ordinance would resolve. The Council requested that the Planning Commission withdrew the proposed ordinance from future consideration.

    4. Ordinance Amendment – Wetlands Ordinance – Recommendation to the City Council on the

adoption of an ordinance to limit the area of wetlands permitted in the calculation of lot area

and impervious surface to that area of wetlands above the Ordinary High Water Level.

Zoning Coordinator Gus Karpas stated that this ordinance has been proposed to eliminate the

confusion over the existing wetland definition that was apparent during the August 2nd

review of Thomas Miller’s subdivision request. The Council tabled further action on this

proposed ordinance until a further evaluation can be made on the ordinances potential

impact on other properties containing wetlands.

  1. UNFINISHED BUSINESS
    1. Authorize Pay Request No. 2, Bituminous Roadways ($30,898.51)

      2. The Council authorized Pay Request No. 2 to Bituminous Roadways in the amount of $30,898.51 for the Minnetonka Boulevard Mill & Overlay Project on a motion by Councilmember Monson, seconded by Councilmember Skrede. Motion carried. 5-0.

    2. Discuss Date for Worksession on Comprehensive Plan & Parade of Homes

      3. The Council authorized holding a Special Council Worksession on Thursday, September 16th to discuss the Parade of Homes issue. Mayor Anderson stated that the worksession would include discussion from surrounding communities from 5:30 – 7:00 p.m. and discussion with area builders will begin at 7:30 p.m.

    3. Discuss Deadline for Filling Watercraft Spaces

Councilmember Crockett stated that due to the unusually high turnover in slides and canoe racks resulting from those permit holders who did not adhere to the June 15th deadline, and the requirements in providing proper notice to those permit holders, it took well into mid-July before staff could begin the process of leasing these newly opened spaces. She stated that as a result of this delay, the Boat Committee has developed several recommendations on dealing with these new permit holders. These recommendations include requiring the full payment of the annual lease payment, the new permit holders are required to have their boat in their assigned space by June 2005 and they will not be subject to the 90-day rule in 2004. Mayor Anderson requested that these recommendations be included as a written policy for the City Council to review on September 20th.

 

 

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  1. NEW BUSINESS
    1. Adopt Resolution No. 29-04, Approving the 2004 Levy, Collectible in 2005

      2. The Council adopted Resolution No. 29-04, Approving the 2004 levy of $1,583,878, Collectible in 2005 on a motion by Councilmember Middleton, seconded by Councilmember Skrede. Motion carried 5-0.

    2. Discuss Impervious Surface Standards

      3. Zoning Coordinator Gus Karpas stated that the main purpose of developing impervious surface standards is to help to alleviate some of the significant runoff problems that occurred earlier this summer. The Council reviewed a survey of lot coverage standards that are required in other communities. Councilmember Monson recommended reviewing Tonka Bay’s hardcover provisions, which provides lot coverage percentages on a sliding scale. He stated that Tonka Bay requires higher mitigation standards the greater the hardcover percentages. He added that he likes staff’s recommendation to have deficient lot coverage standards addressed through a special use permit rather than through the variance process. Councilmember Skrede suggested that the City Engineer should be looking at the common issue of grades, drainage and impervious surfaces.

    3. Discuss LMCD Ordinance and Resolution on Use of Motorized Watercraft

      4. The Council reviewed a letter and attached resolutions from Tom Skramsted, Chairman of the LMCD Board of Directors, regarding recent legislation by the state that stripped the LMCD of its jurisdiction over Six Mile Creek. David Gross, Deephaven’s 2005 representative to the LMCD, was in attendance to summarize the LMCD’s rationale for prohibiting the use of motorized watercraft on Six Mile Creek in order to protect the water quality into Halstead’s Bay and to answer questions from the Council.

      It was the conclusion of the City Council that while the LMCD was well-intentioned in their efforts to protect the quality of the water flowing into Lake Minnetonka, the LMCD lacks the appropriate authority and jurisdiction to act in this matter. The Council concluded that final authority in this matter rests with the cities representing the residents of Six Mile Creek and with the Minnehaha Creek Watershed District and the Department of Natural Resources who are charged with maintaining and improving the water quality of Lake Minnetonka. The Council requested that Administrator Young send a letter to Chairman Skramsted outlining the Council’s position in this matter.

    4. Discuss Corrective Action on Reopened Leaking Tank Site

Administrator Young stated that the Pollution Control Agency has requested additional corrective action by the City to investigate and, if necessary, clean up the release of contaminated soil that was uncovered during the installation of utilities for the East Side Fire Station. He stated that the PCA further recommends that the City hire a qualified consulting firm registered with the Petrofund staff that has experience in conducting petroleum release site investigations and in proposing and implementing appropriate corrective actions. He

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added that the City may be eligible for reimbursement from the Petrofund for a major portion of the costs of the corrective action. Councilmember Monson stated that Braun Intertec, who had been hired by Kraus-Anderson to conduct the initial investigation when the contaminated soil was first discovered last November, should have provided the PCA with the original investigative report. Further discussion on this item was tabled until further information can be received from Braun Intertec as to the scope of their original work.

  1. REPORTS FROM BOARDS, COMMITTEES & DEPARTMENTS

    2. Public Safety – Police Chief Gustafson provided a brief update on child safety seat training; the extension of the CERT Grant until the end of the year; the proposed increase in the lease of the Harley motorcycle; the Hazardous Mitigation Grant and his intention to submit a request to hire a new officer and promote a new lieutenant.

    Public Works – Administrator Young provided a brief update on the Report of Activities for the

    Public Works Department for the month of August, 2004.

    Councilmember Skrede presented a Landscaping plan from Robin Winter Design in the amount of $8,958.00 for the East Side Fire Station. The bid from Robin Winter Design included landscaping around the station, installing concrete pavers and additional landscaping to the rear of the station across from the LRT Trail. Additional Bids from Otten Bros. ($7,155.72) and Lan-De-Con ($5,554.00) were also reviewed, which only included quotes on the landscaping around the station. The Council approved the landscaping plan and scope of work submitted by Robin Winter Design in the amount of $8,948.00 on a motion by Mayor Anderson, seconded by Councilmember Middleton. Councilmember Skrede abstained. Motion carried 4-0-1.

    Administration – Administrator Young stated that Metro Paving has completed the installation of the bituminous pad extension in front of the Sand/Salt Shed; all five cities have agreed to the reduction in insurance coverage from $3,000,000 to $1,000,000 for the South Shore Senior Center; provided a brief summary of the ballfield improvements made by FMX Turf Products and an update on the progress in controlling the spread of Dutch Elm Disease within the City.

  2. ADJOURNMENT

Motion to adjourn by Councilmember Middleton, seconded by Councilmember Crockett. Motion carried 5-0. The meeting adjourned at 10:50 p.m.

 

Respectfully submitted,

Dana H. Young

 

 

 

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