Deephaven City Council Minutes

Monday, October 4, 2004

7:00 p.m.

 

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 and Kim Crockett.

ABSENT:  None

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

 

2.                  APPROVE CONSENT AGENDA

Councilmember Crockett moved to approve the following consent agenda items:

A.     Minutes of September 16 & 20, 2004

B.     Verifieds

C.     Authorize EideBailly to Conduct Audit of 2004 Financial Statements

D.     Adopt Resolution No. 34-04, Certifying Election Judges for the General Election

Councilmember Skrede seconded.  Motion carried 5-0.

 

3.                  MATTERS FROM THE FLOOR

Darel Gustafson – gave an update on MCES.

 

There were no further comments Mayor Anderson closed matters from the floor.

 

4.                  PUBLIC HEARINGS

A.     Variance – Michael Knoblauch, 4865 Highcrest Drive, (R-2, 40,000)

Mayor Anderson convened the public hearing for a request to encroach thirteen feet into required fifty-foot front yard setback and five feet into the required twenty-five foot side yard setback for an addition.

 

Michael Knoblauch presented the request.  He said he is requesting to construct a garage addition with living space above it, which would be totally separate from the existing structure.  He said it is necessary to provide living space for his daughter who is a severe asthmatic.

 

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

 

Councilmember Middleton gave the Planning Commission report recommending the Council deny the variance requests 4-0.  The applicant has not demonstrated an undue hardship and the proposed addition, as presented, alters the essential character of the neighborhood.  There are design alternatives available which would not require a variance.

 

Councilmember Middleton moved to adopt Resolution No. 36-04 to deny the request for variances.  Councilmember Monson seconded.  Upon roll call vote Anderson, Crockett, Middleton, Monson and Skrede vote aye.  Resolution No. 36-04 was adopted.

 

B.     Variance – Thomas Kemmetmueller, 18336 Minnetonka Boulevard (C-1, 10,000)

Mayor Anderson convened the public hearing for a variance to exc4eed the maximum permitted fence height by four feet, a variance to exceed the maximum permitted wall height by two feet and variances to encroach ten feet into the required ten-foot side yard setback to construct the proposed fence and retaining wall.

 

Thomas Kemmetmueller presented the request.  He said he would like to utilize an area outside his building. His plan is to create an outdoor studio area for wedding and graduation photos.  He said the proposal includes a nine-foot retaining wall structure with multiple waterfalls.  He described instances of past vandalism due to the use of Pump Park adjacent to the site and said his request for the ten-foot fence is for security purposes.  Mr. Kemmetmueller presented letters from Steiner & Koppelman and the LMCD stating they do not oppose to the fence and the variance request would not have an adverse impact of their operations.

 

Councilmember Middleton gave the Planning Commission report recommending the Council deny on a vote 3-1 the variance request to exceed the maximum fence height by four feet, the request to exceed the maximum wall height by three feet and the requests to encroach ten feet into the required ten foot side yard setbacks to construct the proposed fence and retaining wall.  The request would alter the essential character of the neighborhood and expand an existing commercial use outside the applicant’s structure.  The request is inconsistent with the maximum permitted fence heights throughout the City. 

 

Mayor Anderson opened the public hearing for public comment.

 

Evonne Bak, Vine Hill Road, stated that this would be a wonderful opportunity to enhance the property.

 

There being no further public comment Mayor Anderson closed the public hearing.

 

Councilmember Middleton moved to adopt Resolution No. 37-04 to deny the request for variances.  Councilmember Crockett seconded.  Upon roll call vote Anderson, Crockett, Middleton, Monson and Skrede voted aye.  Resolution No. 37-04 was adopted.

 

C.     Assessment of delinquent sewer/storm sewer, water and garbage/recycling utility charges –

Resolution No. 33-04

Mayor Anderson convened the public hearing for the purpose to give all property owners an opportunity to be heard in connection with delinquent sewer charges, water charges and garbage/recycling charges.

 

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

 

Councilmember Middleton moved to adopt Resolution No. 33-04.  Councilmember Skrede seconded.  Upon roll call vote Anderson, Crockett, Middleton, Monson and Skrede voted aye.  Resolution No. 33-04 was adopted.

 

5.                  UNFINISHED BUSINESS

A.     Approve 2005 LMCC Budget – Dennis Stanga, the City LMCC representative provided an overview of the 2005 LMCC Budget and a brief update on other cable related issues.  Mr. Stanga introduced Sally Koenecke, LMCC Administrator.  Councilmember Crockett moved to adopt the 2005 LMCC Budget as presented.  Councilmember Monson seconded.  Motion carried 5-0.

 

B.     Authorize Final Pay Request, Bituminous Roadways ($19,942.21) – Councilmember

Monson moved to authorize the final pay request to Bituminous Roadways, Inc. in the amount of $19,942.21 subject to a field verification that the road repairs have been corrected to allow proper water flow and no ponding of water on the road.  Councilmember Middleton seconded.  Motion carried 5-0.

 

C.     Authorize Purchase of Toro Groundsmaster – Councilmember Middleton moved to authorize the purchase of a Toro Groundsmaster 328D in the amount of $24,127.72 from MTI Distributing.  Councilmember Skrede seconded.  Motion carried 5-0. 

 

D.     Authorize Purchase of Computers & Server – Councilmember Middleton moved to

authorize the purchase of three computers in the amount of $1,224.75 and authorize the purchase and installation of a server from Eric Christianson in the amount of $2,929.98.  The cost of the new computers and server would be funded from the Capital Improvement Fund. Councilmember Crockett seconded.  Motion carried 5-0.

 

6.                  NEW BUSINESS

A.     Adopt Resolution of Appreciation to Tom Maple – Mayor Anderson continued action to the October 18, 2004 agenda.

 

B.     Review Proposal on Addition to City Hall  – Tim Alt, Deephaven Historical Society, presented the Deephaven Museum Concept to keep archives and displays.  A meeting room would also be available for public use.  This would be no cost to the City.  The funds would be raised through Historical Society funds.  Mayor Anderson stated this would be an added value and quality of life to our community and residents.

 

Councilmember Monson moved to have the DHS move forward with revised plans addressing natural obstacles to the current City Hall facility.  Councilmember Skrede seconded.  Motion carried 4-0.  Mayor Anderson abstained.

 

C.     Discuss 2005 Deer Management Plan - Councilmember Middleton moved to direct staff to implement the Deer Management program for 2005.  Councilmember Skrede seconded.  Motion carried 5-0. 

 

D.     Adopt Resolution No. 35-04, Proclaiming Housing Awareness Wee 2004 – Councilmember Middleton moved to adopt Resolution No. 35-04 Proclaiming November 13-20, 2004 to be Housing Awareness Week 2004 in the City of Deephaven.  Mayor Anderson seconded.  Upon roll call vote Anderson, Middleton and Monson voted aye.  Crockett and Skrede voted nay.  Resolution No. 35-04 was adopted.

 

E.      Discuss Joint Meetings of Fire Relief Pension Increase – Councilmember Skrede stated there is a request for an increase in the Fire Relief Pension.  A request is asked for all Councils to set aside to hear the requests being asked for or to have a representative from the Council to hear the requests.  Council authorized Councilmember Skrede to listen to the request.

 

7.                  REPORTS FROM BOARDS, COMMITTEES & DEPARTMENTS

A.     Public Safety – Police Chief Gustafson asked for Council guidance in how to handle ATV’s to and from the lake and if they should be in the same category as snowmobiles.  Council felt that if does not cover ATV’s in our City Ordinance and should not be handled in the same manner.

B.     Public Works  – 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.     Administration – Administrator Young reviewed the work that needs to be completed on a number of ordinances over the next three months.  He also noted that work sessions need to be scheduled to discuss zoning on the Back Bay of Carson’s Bay.  Also a discussion on current City Code as it pertains to public nuisances.

Administrator Young review upcoming Staff projects – Safety Compliance Procedures, an Employee Manual and the 2005 Public Works Union Contract.

Administrator Young also reviewed information regarding Group Health Insurance being negotiated.

 

8.                  ADJOURNMENT

Mayor Anderson adjourned the meeting at 10:35 PM.

 

Respectfully submitted,

Sandra R. Langley