Monday, June 6,
2005
6:00 PM
1.
CALL TO ORDER
Mayor Tom Anderson called the meeting to order at 6:00
PM.
PRESENT:
Mayor Tom Anderson, Councilmembers Kimberly Crockett, Keith Kask, Paul
Skrede and John Wheaton.
STAFF:
Attorney Kim Kozar, City Administrator Dana Young and City Clerk Sandy
Langley
2.
EXECUTIVE CLOSED SESSION
REGARDING LAWSUIT
Attorney Kim Kozar stated according to State Statue
13D.05 Subd. 3 (b) the Council will go into closed executive session for
attorney/client privileges to discuss settlement litigation strategy regarding
McNulty Construction Company v. City of Deephaven.
Councilmember Wheaton moved to close the meeting and
go into executive session at 6:03.
Councilmember Skrede seconded.
Motion carried 5-0.
Councilmember Skrede moved to adjourn the executive
closed session at 6:30 PM. Councilmember
Crockett seconded. Motion carried 5-0.
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: 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 item:
A. Minutes of May 16, 2005 as amended.
B. The request of $1,200 for
July 4th Celebration Contribution to the South Lake-Excelsior
Chamber of Commerce.
C. The Accounts Payable in the
amount of $143,935.22 dated June 1, 2005.
Councilmember Kask seconded. Motion
carried 5-0.
3. MATTERS FROM THE FLOOR
There being no matters from the floor, the Mayor
closed matters from the floor.
4. PUBLIC HEARING
A. Subdivision/Variance
– Sheryl Wilkie,
Mayor Anderson stated the request is continued.
B.
Variance –
Mayor Anderson convened the
public hearing for a variance request to reconfigure the existing playground
and expand the parking area which will exceed the maximum permitted impervious
surface area of 25% by approximately 8.7%.
Mike Condon, Minnetonka School Grounds Supervisor
and Greg Buchal of Larson Engineering presented the request. He said the proposal would create a better
playground area and help alleviate parking issues at the school by adding
additional parking spaces.
Councilmember Crockett
reported that the Planning Commission recommended approval unanimously.
Mayor Anderson opened the
public meeting for public comment. There
being no public comment, the hearing was closed.
Councilmember Crockett moved
to adopt Resolution No. 19-05 approving the variance to exceed the maximum
impervious surface by 8.7% through the reconfiguration of the school parking
lot and playground. Councilmember Wheaton seconded. Upon roll call vote
C.
Special Use Permit – Tim Duffy (Fusion Life Spa),
Mayor Anderson convened the
public hearing for a special use permit to erect a new two (2) foot by
twenty-four foot four inch (20’4”) illuminated commercial identification sign.
Tim Duffy presented the
request. He said the proposed light
would be what is called a box light and that only the letters will be
illuminated. The remainder of the sign area would be silver. The light would only be illuminated during
business hours.
Councilmember Crockett
reported that the Planning Commission recommended approval unanimously and
reported a resident’s concerns that the sign was not appropriate for Deephaven.
Mayor Anderson opened the
public meeting for public comment. There
being no public comment, the hearing was closed.
Councilmember Kask moved to
adopt Resolution No. 20-05 approving the special use request to erect a two (2)
foot by twenty foot, four inch (20’4”) illuminated business identification
sign. The motion is conditioned that the
sign only be illuminated during business hours.
Councilmember Crockett seconded.
Upon roll call vote
D.
Variance – Mark Klesk,
Mayor Anderson convened the
public hearing for the variance request to build
a new single family home within
the required lake yard setback. The
requested variances are for fifty-two feet of the required one hundred foot
lake yard setback on the north portion of the property and twenty-seven feet of
the required one hundred foot lake yard setback on the east portion of the
property. In addition, the application
has submitted a request to build a swimming pool within the lake yard setback.
Mark Klest presented the
request. He said his property is unique
in that it is zoned R-2, yet has the lot area of a lot in the R-3
district. His request is to add onto the
existing home which cannot be done due to the lake yard setback, which wraps
around the property. He pointed out that
he is able to comply with the maximum permitted impervious surface.
Councilmember Crockett reported that the Planning
Commission recommended unanimous approval
of the variance request to construct an addition. The variance request to construct a swimming
pool which encroaches into the required lake yard setback was recommended for
approval on a vote 4-3.
Mayor Anderson opened the public meeting for public
comment. Nancy Middleton,
David
Mike Moran of Custom Pools stated that pools are a
reasonable use and an area variance is what should be applied for versus an
accessory structure variance. The
hardship is created by the 100 foot setback.
Swimming pools are allowed in Deephaven and permits have been granted.
There being no further public comment, the hearing
was closed.
Mayor Anderson stated the Back Bay of Carson’s Bay
is not your typical lakeshore in Deephaven. The Council has had discussions regarding
changing the setbacks to be more consistence with the DNR setback of 50 feet. Mayor Anderson was concerned with the front
yard setback making the principle structure closer to the street. Councilmember Kask noted that the structure
is not any closer to the street than adjacent properties. Councilmember Skrede stated that the garage
is what is closer to the street, not the living space.
Councilmember Kask moved to approve the variance to construct
an addition which encroaches fifty-two (52) feet into the required lake yard
setback, encroaches twenty-seven (27) feet into the required lake yard setback
on the west portion of the property and encroaches twenty (20) feet into the
required front yard setback and to have the structure height be identified and
submitted for the file. Also Resolution
No. 20-04 be rescinded. Councilmember
Crockett seconded. Motion carried 4-1
with Mayor Anderson voting nay.
Councilmember Crockett asked what happens if
everyone wants a pool in this area?
Zoning Coordinator stated he is concerned with the setback from the
shoreline and feels that pools should be treated as a structure and have the
same setback rules as a building.
Councilmember Kask stated he can see giving the
variance for the garage being closer to the street but cannot support the
variance and the hardship for a pool that is not an essential need.
Councilmember Skrede feels our city ordinances need
to be reviewed and amended but he feels that does not constitute a hardship as
it pertains to this request.
Councilmember Wheaton stated he had trouble seeing
where the undue hardship exist for a pool and he does not want to legislate
setbacks through the use of variances.
Noting that two consecutive City Councils had
express sympathy with the restrictions posed by the 100 foot lake yard on the
E.
Variance – Mike Miller (Todd Gorr),
Mayor Anderson convened the public hearing for a
request to build a swimming pool within the required lake yard setback. The requested variance is for twenty-five
feet of the required one hundred-foot lake yard setback for the proposed
swimming pool.
Mike Miller presented the request. He feels the property creates a hardship in
locating a swimming pool. He would like
to have his children in a pool rather than swimming in the lake. He also has a son who had knee surgery and a
pool helps his physical recovery. He
pointed out that all other lakes in Deephaven have a seventy-five foot
setback. Mr. Miller said the lot is very
wooded and the pool will not be invisible from the lake. He feels the proposed pool is a reasonable
use of the property.
Councilmember Crockett
reported that the Planning Commission recommended the variance request to
construct a swimming pool which encroaches into the required lake yard setback
was recommended for approval on a vote 4-3.
Mayor Anderson opened the
public meeting for public comment. There
being no public comment, the hearing was closed.
Councilmember Kask stated
that pools are treated as a structure as far as setbacks are concerned. The pool is an accessory use to the property
not an essential use.
Councilmember Skrede feels
it would be inconsistent to grant a variance for this request and could not
find an undue hardship.
Councilmember Wheaton would
like to see our ordinance amended regarding the shoreline setback for the Back
Bay of Carson’s Bay and at this time there is no hardship for a pool.
Although she agreed with the concern about
legislating by variance, to be consistent with the Klesk request made earlier, Councilmember
Crockett moved to approve the variance to construct a swimming pool which
encroaches into the required lake yard setback.
The motion is conditioned that the pool be rotated to match the angle of
the existing principle structure and that the bottom of the pool be located
above the ordinary high water level. A
hardship exists in that the pool cannot be located elsewhere on the property
without the issuance of a variance. Mayor
Anderson seconded. Motion was denied
2-3, with Councilmembers Kask, Skrede and
F.
Subdivision – Kent Carlson,
Mayor Anderson convened the
pubic hearing for the request to combine and re-subdivide existing lots. The proposed lots would comply with the
dimensional requirements of the ordinance.
Kent Carlson presented the
request. He said that he own two
properties, one being a rental, and would like to re-plat them to allow him to
construct a new home on his existing lot.
Councilmember Crockett
reported that the Planning Commission recommended the approval unanimously of
the request to create two lots out of three existing parcels. The proposed lots meet the dimensional
requirements of the city ordinances.
Mayor Anderson opened the
public meeting for public comment. There
being no public comment, the hearing was closed.
Councilmember Crockett moved to adopt Resolution No.
23-05 approving the request to combine and re-subdivide existing lots. Councilmember Skrede seconded. Upon roll call vote
UNFINISHED
BUSINESS
A.
Approve Parking Request for MYC Regatta on June 16th - A letter was submitted
from the Minnetonka Yacht Club C-Nationals Committee
requesting 50 temporary parking permits for June 16 – 19 for guest
parking. Also the request to use the
City Hall main parking lot area for pressure washing of boats on Thursday June
16th from 4 to 8 PM. There also
is a request to park trailers in the gravel lot near the paddleball court and
to use the Gazebo for the Awards Ceremony after the last race on Sunday.
Terry Jewett presented the request for MYC. She noted that the pressure washing of the
boats would be done at the
It was noted that the gazebo could be used without
permission from the City. It is on a
first come basis for use.
Councilmember Wheaton moved to approve the request
for 20 temporary permits to be issued for the City Hall parking lot from June
16-19th limiting the use to this site. Overnight trailers would be allowed to be
parked in the gravel lot near the paddleball court. Councilmember Skrede seconded. Motion carried 5-0.
B.
Discuss Single Sort Recycling Proposal – This item was removed
from the agenda
June 20th.
C.
Approve Final Payment to Infratech for Sewer
Skrede moved to approve the final payment to
Infratech Technologies, Inc. in the amount of $12,242.72 for televising of
@1,862 L.F. of sanitary sewer main.
Councilmember Kask seconded.
Motion carried 5-0.
D.
Approve One Year Probation for Officer Matt Case – Councilmember Wheaton moved
to change the employment status of Matt Case to “fulltime permanent” status
with the City of
E.
Review 2006 LMCD Budget - Councilmembers
Skrede and Kask attended the
LMCD review of the 2006
budget on June 3rd.
Councilmember Skrede raised
the issues on the increases being planned which
include an additional $2,000
for meeting expenses to use Wayzata Community
Center which are televised
on local cable television; an additional $4,000 for
office equipment to replace
a copy machine; an additional $5,000 for zebra
mussel operational
expenses. It was his recommendation that
these additional
costs should not be budgeted,
thus keeping the increase at 3% versus 6%.
It is
recommended that zebra
mussels should be handled at a higher level of
government because it is a statewide
problem for all of the lakes.
David Gross explained the
use of the reserve fund which was to be used for
replacement of a
harvester. He stated the funds are being
brought down and used
for other parts of the
budget.
Councilmember Skrede moved to adopt the 2006 LMCD
Budget subject to a 3% increase and directed our LMCD Representative to have
the LMCD Administrator work with MWCD on the milfoil and zebra mussel issues on
a much broader prospective. Councilmember
Kask seconded. Motion carried 5-0.
Councilmember Crockett asked if other cities would
see how we acted on the budget? She felt
the LMCD should be handling enforcement and education issues on the
7. REPORTS FROM BOARDS, COMMITTEES
& DEPARTMENT
A. Public Safety – Chief Gustafson noted that the April Incident
Report was in the
Council packet and he would
answer any questions.
B. Public Works - Administrator Young stated the Report of
Activities were in the
Council packet from May and
what is being planned for June.
C. Administration – Administrator Young reviewed report –
Deephaven Cove
Update noting construction
is not scheduled to begin until later this fall. The
City of
grant funds from
housing unit to be lowered
by $65,000. The City of
to use their Economic
Development Authority to establish the affordable housing
units per the Agreement
between Deephaven and Minnetonka to enable the
Economic Development
Authority to undertake the project on behalf of both
cities. The City will have a resolution approving the
Joint Powers Agreement at
the June 20th
Council meeting.
-
Grant Funding is continuing to assist with the financing of storm water
projects
and/or the installation of dry hydrants.
- The
State Audit Report has been submitted to the State Auditors Office that
summarized the annual
financial statements and a summary of the financial
statements has been
published in our official newspaper.
- Street Ends will be a
topic of a meeting inviting property owners for comments
regarding the installation
of six canoe racks in the
8th with the Boat
Committee.
- 2006 City Budget has been
completed and will be distributed to the City Council
at the June 20th
Council meeting.
- Safety Deposit Box has
been rented at Beacon Bank where the City has placed
backup discs on city house
files and minutes.
7. ADJOURNMENT
Mayor Anderson moved to adjourn the meeting at
9:45 PM.
Respectfully
submitted,
Sandra
R. Langley