Monday,
December 6, 2004
7:00 p.m.
1.
CALL TO ORDER
Mayor Anderson called the meeting to order at 7:07
p.m.
PRESENT:
Mayor Tom Anderson, Councilmembers Nancy Middleton, Kim Crockett, Jon
Monson and Paul Skrede.
STAFF: Police
Chief Virgil Gustafson, City Administrator Dana Young, Zoning Coordinator Gus
Karpas and City Clerk Sandy Langley
2.
APPROVE CONSENT AGENDA
Councilmember Middleton moved to approve the
following consent agenda items:
A. Minutes of November 15, 2004
B. Verifieds
C. Appoint Robert Werneiwski to
the Planning Commisson
Councilmember Skrede seconded. Motion carried 5-0.
3.
MATTERS FROM THE FLOOR
Mayor Anderson presented Proclamations to Coaches
Jane Meads and Dave Nelson celebrating a Championship season for the Minnetonka
Girls’ Cross Country Team and the High School Football Team.
Mayor Anderson announced that Saturday, December 18th
there will be an Open House from 10 AM – 2 PM at the Deephaven “Village Hall
Rink”. (Pending weather conditions if
there is ice)
4.
PUBLIC HEARING
A. Truth-in-Taxation Hearing on
the 2005 Budget - Mayor Anderson convened the
public hearing. Administrator Young and
Councilmember Skrede presented the 2005 budget and information on the property
tax ratios for the City of
B. Plan Modification – Sandra
Swenson,
Sandra Swenson presented the request.
Councilmember Middleton gave the Planning Commission
report recommending the Council approve the variance request 6-0.
Mayor Anderson reported a letter was submitted from
Thomas Nelson/Kathryn Pyzdrowski stating their concern with the drainage
between their homes.
Kate Pyzdrowski,
There being no further public comment Mayor Anderson
closed the public hearing.
Councilmember Middleton moved to adopt Resolution
No. 43-03 approving the request for an eleven (11) foot variance of the
required west side yard setback and the request for a three (3) foot variance
of the required east side yard setback for the proposed increase of two (2)
feet for the structure at 4285 Cottonwood Lane, according to the site plan
submitted to Council. The motion is
conditioned that the permitted increase in height is not to exceed two (2) feet
from the existing height of the home and in no case shall the structure height
exceed twenty-seven feet six inches (27’6”).
The applicant is required to submit scaled architectural drawings with
the existing and proposed heights delineated and a drainage plan must be
submitted and approved by the City Engineer.
A hardship exists in the size of the lot and the placement of the
home. Councilmember Crockett
seconded. Upon roll call vote
C. Variance, Gregory Welch –
convened a public hearing for a request to encroach
nine feet into the required fifteen foot west side, a variance to encroach six
inches into the required fifteen foot east;
a variance to encroach one and a half feet into the required fifteen foot
rear yard setback and a variance to exceed the maximum permitted impervious
surface by less than one percent for a proposed addition.
Steve Welch presented the request.
Councilmember Middleton gave the Planning Commission
report recommending approval of the variances requested 5-1.
Mayor Anderson stated a letter was submitted for the
record from Dennis Haggerty,
Council discussed alternatives and that there may be
other creative ways to take care of the problems that exist.
Mr. Haggerty stated he had two major
complaints. 1) He never received a written notice about the
public hearing. 2) He did not believe the application was
complete showing the east side and west side plans and what the second floor
plans would be. The back yards are very
close and there would be no privacy. He
was also concerned with drainage issues.
Council felt the application needed to be more
complete and other design alternatives are available.
Mr. Welch withdrew his application and will resubmit
the request at a later date.
D. Variance - Sarah Dale, 19350
Walden Trail, (R2, 40,000) Mayor Anderson convened
the public hearing for the variance request to exceed the maximum permitted fence height by two feet and a variance to encroach one hundred feet into the required one hundred foot lake yard setback for the proposed fence.
Sarah Dale presented the request.
Councilmember Middleton gave the Planning Commission
report recommending the Council approve the variance request to encroach one hundred
feet into the required one hundred foot lake yard setback for the proposed
fence; and that the Council deny the variance request to exceed the maximum
permitted fence height by two feet on a vote 6 to 0.
Mayor Anderson opened the hearing to the public,
there being no public comment the hearing was closed.
Councilmember Middleton moved to adopt Resolution
No. 44-04 approving the variance to continue the existing encroachment into the
required one hundred (100) foot lake yard setback for the proposed fence; and
to deny the variance request to exceed the maximum permitted fence height by
two (2) feet for the proposed fence as presented. The motion is conditioned that the fence not
exceed six feet in height and that it extend no closer to the lake than the
existing fence. A hardship exists in the
condition of the existing fence and the need for privacy from the adjacent
public use.
Councilmember Crockett seconded. Upon roll call vote
5.
UNFINISHED BUSINESS
A. Approve Development
Agreement with Deephaven Cove LLC
Councilmember Middleton stated she would like to see
the City of
Councilmember Skrede moved to approve the
Development Agreement as amended between the City of
B. Approve Annexation Agreement
with City of
Councilmember Crockett moved to approve the
Detachment/Annexation Agreement between the City of
Councilmember Crockett moved to adopt Resolution No.
42-04 petitioning the State of
D. Update on the Valet Service
Fee Charged by Waste Management
Administrator Young stated that Councilmember Monson
and he met with Waste Management to attempt to resolve concerns about the valet
service fee. As a result of the meeting
the following proposals are before the Council:
1. A reduction in the Valet
Service Fee from $11.87 per month to $5.25 per month.
2. Trash carts will be provided
to any resident upon request.
3. A Valet Service Fee will not
be charged to seniors, the disabled or any property owner on a dead end street
where the driver has to backup in their driveway to turn around.
4. A second letter will be sent
out to all 500 residents that currently receive valet service informing them of
items 1-3.
5. A two-year extension in the
current 2005-2007 agreement that would include 2008 and 2009. The Valet Service Fee would remain frozen at
$5.25 per month through 2009 and regular trash rates would be fixed at a
maximum increase of 3.0% per year in 2008 and 2009.
Council would like to see a counter-offer with a
reduction of $2.00 a month to those residents who have 90-gallon containers and
asked staff to follow through with Waste Management.
Councilmember Skrede seconded the Mayor’s motion. Motion carried 3-2. Crockett and
Middleton voted nay.
Pat McGoldrick, 19575 Chimo East, stated the project
would be cheaper to do in the Spring when contractors are in route to other
jobs and this should be considered when doing the bids.
6. REPORTS FROM BOARDS, COMMITTEES & DEPARTMENTS
A. Public
Safety Mayor Anderson stated that
the City of
for
additional bids for police service until January 2005 and possibly into the new
year. Police Chief Gustafson,
Administrator Young, Mayor Anderson and
Councilmember Skrede will meet with Excelsior and get clarification on
what is
needed.
-
Chief Gustafson provided the November Incident Report.
B. Public
Works – Administrator Young reviewed the report of activities for the month
of November and December. He noted that the Fire Board approved the water truck to be placed in the Fire Station and a home for the zamboni is being pursued.
D. Administration – Administrator Young
reviewed the following items:
1. Dutch Elm Control Program stating to date that residents have removed 115 of the 116 diseased trees and the last one should be down by the end of the year.
2. Xcel Energy has notified the City that they are looking at upgrading the conductor on the transmission line that crosses through Deephaven along the LRT trail.
3. 90 Day Rule – There are no
permit holders in violation of the 90 Day Rule, which requires all permit
holders to moor a boat at their assign space. For a minimum of 90 days.
4. Computer Upgrade Update –
this process is being handled by Eric Christianson and Councilmember Skrede and
will be done in phases.
5. Excelsior Contract – The
City of
6. General Election – Big thank
you to the election judges and city staff for their outstanding job ensuring
that everything went as smoothly as possible.
Mayor
Anderson stated he received a letter from Mtka Community Education Services and
he would be contacting Darel Gustafson to see if he would like to continue on
as our City representative.
Councilmember
Monson thanked the Council for the opportunity of serving the City for the past
two years.
Councilmember
Skrede thanked everyone who worked on the warming house windows at
Councilmember
Monson moved to adjourn at 10:15 PM.
Mayor Anderson seconded. Motion
carried 5-0.
7. ADJOURNMENT
Councilmember Monson moved to adjourn at
10:15 PM. Mayor Anderson seconded.
Motion carried 5-0.
Respectfully
submitted,
Sandra
R. Langley
City
Clerk/Treasurer