Monday, May 2,
2005
6:00 PM
1.
CALL TO ORDER
Mayor Tom Anderson called the meeting to order at 6:00
PM.
EXECUTIVE
CLOSED SESSION REGARDING LAWSUIT
Attorney George Hoff stated according to State
Statute 13D.05 (b) the Council will go into closed executive session for
attorney/client privileges to discuss litigation strategy regarding McNulty
Construction Company vs. City of
Mayor Anderson reconvened the Regular Council
meeting at 7:00 PM.
PRESENT:
Mayor Tom Anderson, Councilmembers Kimberly Crockett, Keith Kask, Paul
Skrede and John Wheaton.
STAFF:
Attorney George Hoff, City Administrator Dana Young, Police Chief Virgil
Gustafson, Zoning Coordinator Gus Karpas and City Clerk Sandy Langley
2. APPROVE CONSENT AGENDA
Councilmember Skrede moved to approve the following
consent agenda items:
A. Minutes of April 18, 2005 as
submitted.
B. Appointed Walter Linder to
the Planning Commission for a three year term ending April 1, 2008.
C. Approve the accounts
payables in the amount of $199,939.24.
Councilmember Crockett seconded. Motion
carried 5-0.
3. MATTERS FROM THE FLOOR
A. Mary
Smith, Metropolitan Council – Mary Smith, one of our Metropolitan
representatives and Robin Caufman discussed the regional development framework
of the Metropolitan Council. The Met
Council is a partnership with local communities, builders, environmentalists
and others to help guide the regions growth and shape of the future dealing
with land use, transportation, park and open space, airport operations and
water resource management. Mayor
Anderson asked if there would be any funds available for the City to use
towards dry hydrants on street ends? Ms.
Smith stated that there is no funding available for something of that nature.
David Gross, LMCD updates - Mr. Gross updated the Council on the
proposed timetable for the 2006 LMCD budget.
1. The LMCD Board will review on Wednesday,
5/25/05 @ 7 PM.
2. The LMCD member city officials will review
and discuss on Friday, 6/3/05 @
12 noon in the LMCD Office.
3. The LMCD Board will review on Wednesday,
6/8/05 @ 7 PM.
4. The LMCD Board will adopt on Wednesday,
6/22/05 @ 7 PM.
5. The member
Cities should received the adopted LMCD budget my Friday,
7/1/05.
Councilmember Skrede – saluted Ed Fuller, a
Deephaven resident who recently passed away, for his dedication to the
community working with the
Mayor Anderson reported that Mayor Pat Meisel of
Mound has been hospitalized and to keep her in our prayers.
There being no further matters from the floor, the
Mayor closed matters from the floor.
4. PUBLIC HEARINGS
A. Variance- Dan and Marta Snow,
Mayor Anderson convened the public hearing for the
request to build an addition over an existing non-conforming structure with the
required side yard setback. The
requested variance is for eight inches of the required fifteen-foot side yard
setback for the proposed addition.
Marta Snow presented their request. She said the request would add a partial
second story that would match the existing character of the home. The addition would be entirely over an
existing non-conforming structure.
Councilmember Crockett presented
the Planning Commission report recommending
unanimous approval of the
request as proposed.
Mayor Anderson opened the
public hearing for public comment. There
being no comments, the hearing was closed.
Councilmember Kask moved to
adopt Resolution No. 13-05 approving the variance request to alter a
non-conforming structure through the addition of a partial second story which
encroaches five feet, eight inches into the required side yard setback. The motion is conditioned that the eaves not
extend any further than sixteen inches from the foundation and that the
applicant submits a construction management plan prior to the issuance of a
building permit. Councilmember Crockett
seconded. Upon roll call vote
B. Subdivision/Variance – Thomas Gagner,
Mayor Anderson convened the
public hearing for the request to subdivide an existing outlot located in the
City of Deephaven as part of an overall subdivision of property, mostly located
in the City of Minnetonka. The portion
lying in Deephaven does not and will not meet the minimum required lot area in
the R-2 District.
Mr. Gagner presented the
request. The request is to subdivide the
property that lies mostly in
Councilmember Crockett
presented the Planning Commission report recommending
unanimous approval of the
request as proposed.
Mayor Anderson opened the
public hearing for public comment. There
being no comments, the hearing was closed.
Councilmember Crockett moved
to adopt Resolution No. 15-05 approving the subdivision request and the
variance request of thirty-four thousand, nine hundred and seventy eight square
feet of lot area for Lot 1 and the variance request of thirty-two thousand,
thirty-eight square feet of lot are for
C. Special Use Permit – Stonehouse Design,
Mayor Anderson convened the
public hearing for the request to construct a new gable roof front entryway on
a structure in the C-1 Commercial District.
The proposed addition will comply with all required setbacks in the
zoning district.
Mark Hoiseth presented the
request. The plan would add a covered
entryway, which will provide a protected entry and add some architectural
interest to the building.
Councilmember Crockett
presented the Planning Commission report recommending
unanimous approval of the
request as proposed.
Mayor Anderson opened the
public hearing for public comment. There
being no comments, the hearing was closed.
Councilmember Wheaton moved
to adopt Resolution No. 16-05 approving the special use permit to alter a
commercial structure through the addition of an open air, gabled front
entryway. The proposed addition complies
with all the required setbacks in the C-1 district and the request adds some
architectural style to a flat front building.
Councilmember Skrede seconded.
Upon roll call vote
D. Continued – The Subdivision/Variance –
Sheryl Wilkie,
40,000)
E. Assessment of delinquent sewer/storm sewer
and garbage/recycling utility charges -
This item was taken care of and no action
was needed.
3. MATTERS
FROM THE FLOOR
Arnie Hendrickson of
Centerpoint Energy presented Officer Matt Carns and Chief Virgil Gustafson a
check for $2,200 that will be used for equipment for our Community Emergency
Response Team.
5. UNFINISHED
BUSINESS
A. Adopt Resolution No. 14-05, Approving Bids
& Awarding a Contract for 2005 Seal
Coating – Councilmember Crockett
moved to adopt Resolution No. 14-05 approving
the bid and awarding a contract to Allied
Blacktop Company in the amount of
$73,915.80 for the 2005 Seal Coating
Project. Councilmember Wheaton seconded.
Upon roll call vote
Resolution No. 14-0 was adopted.
B. Approve Services for the Adoption of a
Flexible Spending Account -
Councilmember
Skrede moved to approve a service
agreement with EideBailly for providing initial
setup services in the amount of $500 and
annual re-enrollment and discrimination
testing in the amount of $200 for a
flexible spending account for full-time
employees. Councilmember Crockett seconded. Motion carried 5-0.
C. Approve Payment to Infratech for 2005
Sewer Main Cleaning ($17,200.00)
Councilmember Crockett moved to approve
payment to Infratech Technologies, Inc.
in the amount of $17,200.00 for the
cleaning of 20,0000 L.F. of sanitary sewer main.
Councilmember Wheaton seconded. Motion carried 5-0.
D. Review Legal Opinion on use
of Street Ends
– Mayor Anderson reviewed the letter
received by City Attorney Jerry Gilligan
explaining that fire lanes are shown on the
maps as extensions of the public streets
to which they are attached. These lands
are
dedicated for public use and are held by
the City in trust for the purposes set forth or
intended.
The City has no power to devote the land from the use or purpose of the
original dedication. Councilmember Crockett stated she would
review the recorded
documents on a lane by lane basis to
determine the dedicated purpose and consult
legal counsel as needed. She would also like the Council to meet with
the adjoining
property owners before any action is
taken regarding the street ends (e.g. can dry
hydrants can be placed on these
properties as well as slides or canoe racks).
Staff will get copies of the relevant
recorded documents.
E. Councilmember Skrede
re-addressed the Boat Committee Recommendation on
Roller Placement on Slides – The Boat Committee recommended
that the City purchase and own rollers for boat slides and lease them back to
the residents on a voluntary basis. It
also recommended that all winches be removed from the slides this season and
that rollers be offered in their place.
Rollers will create less wear and tear on the slides. Due to a lack of notice time before the
boating season the Council reaffirmed its decision to hold off on this change
until the 2006 boating season. The
Council recommended instead that the Boat Committee implement the testing of
the rollers and pay for the rollers out of their budget.
Councilmember Kask moved the recommendation that all winches or similar
devices
be removed from all City
slides for the 2006 boating season. And that slide permit
holders be given the option
of purchasing a roller from either of the two selected
vendors which the City will
have approved before the 2006 boating season.
Councilmember Wheaton
seconded. Motion carried 5-0.
6. NEW BUSINESS
A. LMCD Density issues -
Councilmember Crockett stated she would be attending the
LMCD public hearing on May 11 regarding the boat
density on
7. REPORTS FROM STANDING COMMITTEES
A. Public Safety
– Chief Gustafson stated that one of
the new Expeditions is on its way.
He also
noted that the firearms training was completed and very successful. The
Incident
report for April was in the Council packet if anyone had any questions.
B. Public Works - Administrator Young reviewed the report of
activities for April and
May.
C. Administration
– Administrator Young reviewed the Administration report
- Summer Hours will begin on May 31st.
- Bridge Planing has been completed and the
neighbors are thanking us for the reduction
of vehicle
noise.
- Field of Play Project was confirmed by Park
Committee Chairman Woody Woodburn
that there
will be no plans to install a fence bordering
recommendation that restrictions be added to the Service Agreement with
the
Committee to
make the $5,000 donation conditioned upon the fact that there will not be
fence
bordering
- Response Time Standards Update was discussed by
the Operating Committee and
recommended
the 8 firefighters in 8 minutes. It will
be going to the Board on May 5th.
- Part-time Summer Help – Two part-time employees
have been hired and a third is to be
interviewed
on May 18th.
- Deephaven Cove Project has not yet established a
starting date.
8. ADJOURNMENT
Mayor Anderson moved to adjourn the meeting at
9:05 PM.
Respectfully
submitted,
Sandra
R. Langley