DEEPHAVEN CITY COUNCIL
MONDAY, JULY 18, 2005
MINUTES
PAGE 1
1. CALL TO ORDER: Mayor
Anderson called the meeting to order at 7:05 p.m.
PRESENT: Mayor Tom Anderson, Councilmembers Paul Skrede, Kim Crockett, Keith Kask and John Wheaton
STAFF: Police Chief Virgil Gustafson,
Zoning Coordinator Gus Karpas and City Administrator Dana Young
2. APPROVE
CONSENT AGENDA
Motion by Councilmember
Crockett to approve the consent agenda which includes the
Minutes of July 7,
2005. Councilmember Skrede seconded. Motion carried 5-0.
3. MATTERS FROM THE FLOOR
John
Dupont, a member of the Deephaven Park Committee, was present to provide an
update on recent Park Committee activities.
He stated that the recent focus of the Park Committee has been on
organizing Deephaven Days, which will be held on August 13th and
will include both a triathlon and picnic.
He stated that Darel and Cindy Gustafson have done a terrific job on the
triathlon and noted that the rules and map for the triathlon are on the City’s
web page. He thanked both Councilmembers
Skrede and Wheaton for their assistance on Deephaven Days. He stated that the Committee is now
concentrating on organizing the picnic portion of the event and are meeting
every Tuesday morning at the Cottagewood Store.
Ed
Oliver, 20230 Cottagewood Road, stated that he had several issues that he
wanted to discuss with the City Council.
First, he stated that he had received a notice from Waste Management
that they will begin the pickup of recyclables every other week and asked why
the price has not dropped in half?
Second, he stated that there are cracks developing in the Village Hall
tennis courts and stated that the courts should be better maintained. And third, he stated that there should be a
barrier placed along the path next to the tennis courts to prevent water from
running over the courts.
Mayor
Anderson thanked Mr. Oliver for his comments and stated that the new Single
Sort Recycling Program was shown to be hugely popular during a trail program
run earlier this year and while the new program did not lower garbage rates, it
did keep rates from increasing.
Administrator Young stated that the Park Committee shares Mr. Oliver’s
concern regarding the condition of the City’s tennis courts and Tennis West has
been asked to provide their recommendations on an annual maintenance schedule.
4. PUBLIC HEARINGS
SUBDIVISION/VARIANCE – Sheryl Wilkie, 19440 Vine
Street (R-2, 40,000). A
request to subdivide an existing lot into two buildable lots and a variance
request of the minimum required lot width at the street.
Sheryl
Wilkie stated that the reason for her request is due
to the fact that her lot is so large that much of her land is wasted, and the
subdivision of her land would reduce the amount of maintenance.
Mayor
Anderson asked Councilmember Crockett to summarize the Planning Commission’s
findings on this request. Councilmember
Crockett stated that the Planning Commission did not object to the proposed variance
of the required minimum lot width at the street.
Zoning
Coordinator Gus Karpas added that the declaration of easement has been reviewed
by the City Attorney and the Attorney has determined that the easement that is
immediately west of the barn in Parcel B does not adversely affect the
subdivision of the property and can be removed.
Further discussion was held on the easements on the southern border of
Parcel B that are shared with the adjoining property owner. Mayor Anderson asked if this southern
easement wouldn’t conflict with the construction of a house on Parcel B? Councilmember Crockett added that cleaning up
the encumbrances on the property would certainly be an advantage to the
property owner. Zoning Coordinator
Karpas stated that the southern easements encroach 15’ into Parcel B,
which would be comparable to the
required sideyard setbacks.
Councilmember
Kask noted that with the extra square footage in both lots, the lots could be
designed to meet the minimum street frontage and that the City would be
creating a parcel that contains a non-conforming structure. Discussion was held on whether the barn would
have to be converted into a residential use or if it could be used solely for
storage. Mayor Anderson stated that the
Council would probably want to condition subdivision approval on prohibiting
the use of the barn for any purpose other than as a residential use. Councilmember Crockett asked if Sheryl Wilkie
couldn’t continue to use the barn for storage?
Mayor Anderson stated that Ms. Wilkie could use it for storage until the
property was sold. He added that the
City doesn’t want to encourage the use of residential property for storage.
Councilmember
Kask moved to approve Sheryl Wilkie’s request for a two-lot subdivision and a
variance from the minimum required lot width at the street at 19440 Vine Street
according to the site plan submitted to the City Council. The motion is conditioned that if either
property is separately conveyed, the barn on Parcel B must be converted into a residential
use and not used as an accessory structure for storage purposes in violation of
city ordinances. The motion is further
conditioned that due to the proposed legal descriptions, the property must be
platted, at such time the applicant may eliminate the easement running through
Parcel B and a variance will be required for the reconstruction or alteration
of the non-conforming structure on Parcel B.
The proposed driveway easement document must be completed and filed with
the plat and the applicant must pay all fees related to the review of the plat
and all applicable sewer and park dedication fees related to the subdivision of
the property. Seconded by Councilmember
Crockett. Motion carried 5-0.
5. UNFINISHED BUSINESS
A. Approve Variance Extension, Arthur Johnsen (3655 Parkway)
Zoning
Coordinator Gus Karpas stated that Arthur Johnsen received a variance at 3655
Parkway to exceed the maximum permitted impervious surface to construct a room
addition on August 2, 2004. He stated that Mr. Johnsen is requesting a two-year
extension of his variance request due to the rainy spring, his contractor’s
back-log of building projects and the possible reduction in the proposed size
of his addition, which would required the re-design of his plans.
Councilmembers
Crockett and Wheaton voiced their concern about permitting a two-year extension
due to the past practice of only allowing a one-year extension and each felt
that Mr. Johnsen could return to the City Council next year if he needed an
additional extension.
Councilmember
Crockett moved to approve a one-year extension until August 2, 2006 for the
variance request received by Arthur Johnsen on August 2, 2004. Seconded by Councilmember Wheaton. Motion carried 5-0.
B. Adopt Resolution No. 26-05, Authorizing a Public Hearing to Issue a Tax-Exempt Bond
Mayor Anderson stated that
the City has received a request from Walker Methodist for the City
to issue a $6 or $7 million
dollar tax exempt revenue bond to assist with their acquisition of a 77
-unit assisted living
facility located in Minnetonka. He
stated that the proposal is very similar to the
proposal received last year
from Governmental & Educational Assistance Corporation. He stated
that the City would not be
obligated in any way towards payment of the bond issue with the
exception that the bond
would count against the City’s annual $10,000,00 debt limit. He stated that
the proposal would also
enable the City to obtain both upfront and annual fees for issuing the debt
on behalf of Walker
Methodist.
Councilmember Crockett moved
to adopt Resolution No. 26-05, A Resolution Authorizing a Public
Hearing to be held on August
15, 2005 to Issue a Tax Exempt Bond.
Seconded by Councilmember
Kask. Motion carried 5-0.
Discussion
on the 2006 Budget was held earlier at the Special Council Work Session.
Motion
to adjourn by Councilmember Skrede.
Seconded by Councilmember Wheaton.
Motion
carried 5-0. The meeting adjourned at
8:03 p.m.
Respectfully
submitted,
Dana
H. Young
City
Administrator