DEEPHAVEN CITY COUNCIL
THURSDAY, SEPTEMBER 8, 2005
PAGE 1
1. CALL TO ORDER:
Mayor
Anderson called the meeting to order at 7:00 p.m.
PRESENT: Mayor Tom Anderson, Councilmembers John
Wheaton, Kim Crockett, Keith Kask and
Paul Skrede
STAFF: City Administrator Dana Young,
Police Chief Virgil Gustafson and Zoning Coordinator
Gus Karpas
ABSENT: None
2.
APPROVE CONSENT AGENDA
Motion
by Councilmember Skrede to approve the consent agenda which includes the
minutes of August 15, 2005 and the September Payables. Councilmember Wheaton seconded. Motion carried 5-0.
3.
MATTERS FROM THE FLOOR
Mayor
Anderson opened the Matters from the Floor portion of the meeting. Councilmember Wheaton introduced several of
his students from his Introduction to Political Science class who were in
attendance. Hearing no further comments,
Mayor Anderson closed Matters from the Floor.
4.
PUBLIC HEARINGS
A. SPECIAL EVENTS PERMIT – Western Construction,
4660 Maple Hill Drive. A request for a
Special Events Permit to participate in the Remodeler’s Showcase on October
14-16, 2005.
Brad
Chazin, a resident at 4660 Maple Hill Drive, was present representing Western
Construction and their request for a Special Events Permit. He stated that Western Construction had
remodeled a kitchen at 4660 Maple Hill Drive that they would like to include in
the Remodeler’s Showcase on October 14-16.
Mayor Anderson asked if there were any comments from the public in
attendance on this request. There were
no comments from the public in attendance.
Councilmember
Skrede asked about the plans for the parking during the event. Mr. Chazin stated that he estimated that
approximately 29 vehicles could park along one side of Maple Hill Drive and at
the end of the cul-de-sac. He stated
that he doesn’t anticipate the event drawing any more people than could be
accommodated by the available parking at one time. He added that the Deephaven Education Center
has also agreed to permit overflow parking if needed. Councilmember Skrede asked if there were any
plans to park on Cottagewood Road. Mr.
Chazin stated that Cottagewood Road would be posted for no parking.
Councilmember
Crockett inquired about insurance certificates.
Zoning Coordinator Karpas stated that he would require Western
Construction to provide similar certificates of insurance that had been
Thursday, September 8, 2005
Page 2
provided
by Flynn Construction , the last applicant to request a Special Events
Permit. He stated that these
certificates had been specifically modified based on the recommendations of
Councilmember Kask.
Motion
by Councilmember Kask to approve the request by Western Construction for a
Special Event Permit to allow the residence at 4660 Maple Hill Drive to
participate in the Remodeler’s Showcase on October 14-16 subject to the City
Staff’s review and approval of the certificates of insurance. Seconded by Councilmember Skrede. Motion carried 5-0.
B. SPECIAL USE PERMIT – Nancie Johnson, 18305 Minnetonka Boulevard. A request to construct a vestibule entryway,
entrance deck and trash enclosure on a structure in the C-1 Commercial
District. The proposed addition will
comply with all required setbacks in the Commercial District.
Dr.
Nancie Johnson was present to present her request before the City Council. She stated that she has purchased the property
at 18305 Minnetonka Boulevard in order to open her dental practice. She stated that she would like to construct
an entryway in order to present a more pleasant building and to keep her
patients more comfortable when the door is opened during the winter months.
Councilmember
Crockett stated that the Planning Commission is supportive of Dr. Johnson’s
request, that the request did not involve any setback issues and added that the
former tenant is currently occupying the second floor of the building. Mayor Anderson opened the meeting for public
comment. There were no comments from the
public in attendance.
Motion
by Councilmember Wheaton to approve the request from Dr. Nancie Johnson for a
Special Use Permit to alter the commercial structure at 18305 Minnetonka
Boulevard to construct an vestibule entryway, an at-grade deck entryway at the
rear of the building and a dumpster enclosure according to the plans submitted
to the City Council. Seconded by
Councilmember Crockett. Motion carried
5-0.
C. VARIANCE – John Woelffer, 3760 Northome Avenue.
A request to build a new detached garage located within the required
front and side yard setbacks. The
requested variance is for five (5) feet of the required twenty-five (25) foot
front yard setback and for seven feet, six inches (7’, 6”) of the required ten
(10) foot side yard setback.
John
Woelffer was present to discuss his variance request with the City
Council. He stated that he currently
resides at 4275 Jefferson Street and rents the property at 3760 Northome
Avenue, where he had formerly resided for over twenty years. Mr. Woelffer stated that the reason he needs
to rebuild his garage is due to that fact that a limb had blown off a tree
earlier this summer and crushed his garage.
He stated that he intends to keep his new garage in roughly the same
footprint as his former garage.
Councilmember
Crockett stated that the Planning Commission approved Mr. Woelffer’s request
with a minimum setback of five feet off of the south lot line in order to
provide adequate room to maintain the garage and required a 35’ front setback
instead of the requested 30’ front setback.
She added that the
Thursday, September 8, 2005
Page 3
Councilmember Wheaton asked if the 35’ front setback required the removal of any trees? John Woelffer stated that the 35’ setback would require the removal of two trees. He stated that the setback would also require more concrete removal and additional cost to remove the trees, which is the reason why he would prefer a 30’ front setback instead of 35’. Councilmember Kask stated that he supported a 5’ minimum side setback but would also support a 35’ front setback because it complies with the setback requirements and it would allow visitors to park more easily off of the street.
Mayor Anderson stated that he didn’t have a particular problem with a 30’ front setback since parking is permitted on the street. Councilmember Skrede inquired about the additional concrete located behind his garage. John Woelffer stated that part of that concrete pad would be removed. Mayor Anderson stated that the house is currently only 13.4’ from the street and doesn’t see why a 35’ front setback requirement would be more beneficial than a 30’ setback. He stated that he would also like to save the trees and would support a 30’ front setback even though Councilmember Kask has made a good argument regarding off-street parking. Councilmember Crockett stated that she agrees with the Mayor regarding a 30’ front setback. She stated that the garage is going back in where it’s always been, preserves two trees and the request is in keeping with the neighborhood. She stated that she would be agreeable to a 30’ front setback but reaffirmed the need to retain a 5’ side setback.
Motion
by Councilmember Crockett to approve a variance for John Woelffer at 3760
Northome Avenue for a 29.8’ front yard setback for a new 22’ x 26’ detached
garage, subject to a 5’ side yard setback.
Seconded by Mayor Anderson.
Councilmember Crockett noted that her motion was to preserve two trees
and economic savings for the applicant were not part of her consideration. Mayor Anderson asked for any further comments
before voting on the motion.
Councilmember
Wheaton stated that the two trees in question are basswoods, which are not
particularly valuable trees, and saving these types of trees would not warrant
a variance of only 30’. He stated that
he tends to favor a 35’ setback.
Councilmember Skrede agreed that saving the two trees is not adequate
justification for permitting a 30’ variance, especially since the applicant is
constructing a deeper garage. He added
that the Council has the opportunity to require the applicant to meet the
City’s Code requirements and he doesn’t want neighbors to feel that they can
request a similar variance.
Councilmember Kask stated that it would be prudent to get the property
in compliance with the required setbacks and while he appreciates the Mayor’s
argument for a 30’ front setback, we should still require the garage to meet
the dimensional requirements to allow the opportunity to get additional room to
park vehicles off the street. Mayor
Anderson stated that he was now convinced that perhaps a 35’ front setback
should be required for the garage instead of a 30’ setback. The motion to approve a 29.8’ front yard
setback and a 5’ side yard setback was defeated on a 5-0 vote.
Motion
by Councilmember Crockett to approve the construction of a 22’ x 26’ detached
garage at 3760 Northome Avenue, subject to compliance with the minimum required
front yard setback of 35’ and
Thursday, September 8, 2005
Page 4
that
there be a minimum side yard setback along the south property line of 5’ to
permit the construction and maintenance of the detached garage. Seconded by Councilmember Wheaton. Motion carried 5-0.
D. VARIANCE – Mike Miller, 19640 Cottagewood Road. A request to build a second story over an
existing non-conforming structure located within the required side and lake
yard setbacks. The requested variance is
for nine (9) feet of the required twenty-five (25) foot side yard setback and
twelve (12) feet of the required one hundred-foot lake yard setback.
Mike Miller was present to present his request before the City Council. He stated that a representative was before the City Council last month but action was tabled at that time so that he could present a plan that he would like to have approved. He stated that he would like to construct a second story over the existing structure that would be below the maximum height requirements and that would be two feet closer to the side yard setback than his originally approved variance.
Mayor
Anderson opened the meeting for public comment.
There was no comment from the public in attendance.
Mayor
Anderson clarified that Mr. Miller is requesting a side yard setback of 16’ and
the City Code requires a side yard setback of 25’. He added that the second story would overhang
the entrance to the garage.
Councilmember
Skrede stated that Mr. Miller has a unique property that has required a number
of variances. Mr. Miller stated that he
has been trying to work with several issues that had been created by the
builder.
Mayor
Anderson stated that if the second story had not been cantilevered over the
garage, there would not be the need for an additional variance. He stated that this caused the need for a 16’
side yard setback instead of the 18’ side yard setback that has already been
granted by a prior City Council. He
added that the applicant is now asking for an additional 2’ variance over and
above the variance that has already been granted. Mr. Miller explained that the rooms become
too narrow without the additional 2’ side yard variance. Mayor Anderson stated that he didn’t think
that a second story room with dimensions of 28’ x 29’10” would be too
narrow. Mr. Miller stated that this
dimension included two rooms.
Councilmember
Kask stated that there is a structural modification proposed on the south side
that is suppose to be 25’ that now requires a 16’ side yard setback and stated
that he doesn’t understand how a hardship or practical difficulty can be found
on new construction.
Councilmember
Crockett stated that the Planning Commission supported the request for a
variance from the lake yard setback but did not support the request for a 16’
side yard setback.
Mike
Miller asked if the Council could make a motion on his variance requests that
would give him some guidance on developing future plans. Mayor Anderson stated that the Council could
make a motion with conditional approval provided that the second story would
meet the original 18’ side yard
Thursday, September 8, 2005
Page 5
variance. Councilmember Skrede stated that there
appears to be some Council support that the second story must meet the required
25’ side yard setback, or the 18’ side yard variance that had been granted by a
prior Council or for denying the variance.
Motion by Councilmember Kask to deny the variance request for 9’ of the required 25’ side yard setback and the request for 12’ of the required 100’ lake yard setback due to the fact that a hardship or practical difficulty has not been demonstrated by the applicant. Seconded by Councilmember Wheaton. Mayor Anderson asked Mr. Miller if he would prefer to withdraw his application at this point or wait until the Council votes on the motion. He stated that support of the motion would prevent Mr. Miller from submitting a similar variance request to the City Council for a period of one year. Mr. Miller stated that he would prefer to withdraw his application at this point.
Motion
by Councilmember Kask to withdraw his motion to deny Mr. Miller’s variance
request. Seconded by Councilmember
Wheaton. Motion carried 5-0. Mayor Anderson informed Mr. Miller that the
plan he has submitted is not acceptable to the City Council and recommended
that any future plan should keep within the existing variances that have
already been granted.
5.
UNFINISHED BUSINESS
A. Adopt Resolution No. 32-05, Approving 2005 Levy Collectible
in 2006
Administrator
Young stated that while the proposed 2006 property tax levy is 5.5% higher than
the 2005 property tax levy, the City’s tax capacity rate for 2006 would be
lower than the 2005 rate. He added that
the public would be invited to the annual Truth in Taxation meeting on December
5th in which a full discussion of the 2006 Budget would be held.
Motion
by Councilmember Skrede to adopt Resolution No. 32-05, Approving the 2005 Tax
Levy, Collectible in 2006 in the amount of $1,671,165. Seconded by Councilmember Crockett. Motion
carried 5-0.
Administrator Young stated that the Final Payment to Allied Blacktop came in $6,300.00 higher than the original bid due to additional seal coating requested by the public works department and a request by the Northome Homeowner’s Association to seal coat their private road. He stated that the Northome Homeowner’s Association has already reimbursed the City for the cost of seal coating their road.
Motion by Councilmember Wheaton to authorize Final Payment to Allied Blacktop in the amount of $80,225.80 for the 2005 Seal Coating Project. Seconded by Councilmember Skrede. Motion carried 5-0.
Deephaven City Council
Thursday, September 8, 2005
Page 6
Denny
O’Donnell was present to represent Walker Methodist. He stated that nothing had really changed
since the last meeting was held with the City Council on August 15th to
discuss this issue. He reiterated that
Walker Methodist is seeking financing to be used towards the purchase of a
78-unit assisted living facility in Minnetonka and his organization will be
seeking approval from the Minnetonka City Council on this project next week.
City
Attorney Jennifer Hansen, representing Dorsey & Whitney, was present and
stated that the purpose of the sale of the revenues bonds through the City of
Deephaven would be used to provide funding to Walker Methodist to enable them
to acquire the 78-unit assisted living facility. Councilmember Skrede explained that the City
is not obligated for the debt that is being issued and the City will receive an
up front fee of approximately $26,250 for issuing the bonds and an annual fee
of approximately $3,000 through the life of the bond payments. Councilmember Crockett stated that the
availability of an assisted living facility owned and operated by Walker Methodist
is good news for our residents and staff should place a notice of this fact in
the upcoming newsletter.
Motion by Councilmember Skrede to adopt Resolution No. 35-05, Authorizing the Issuance and Sale of Revenue Bonds to Finance a Project under Minnesota Statutes, Sections 469.152 to 469.165, subject to final review by Dorsey & Whitney of the documents generated from the meeting with the City of Minnetonka. Seconded by Councilmember Wheaton. Motion carried 5-0.
6.
NEW BUSINESS
A. Adopt Resolution No. 33-05, Approving the 2006-2010 Greenwood Letter of Understanding
Councilmember Skrede stated that he had the opportunity to thank the Greenwood City Council last Tuesday when they approved the 2006-2010 Letter of Understanding at their Council meeting. He stated that he told the Greenwood Council that he appreciated their vote of confidence in our public works department and informed them of our monthly Public Works Committee meetings should they have any issue they would like to discuss. Mayor Anderson stated that we are lucky to have such exceptionally good neighbors as Greenwood and Woodland.
Motion by Councilmember Skrede to adopt Resolution No. 33-05, Approving the 2006-2010 Greenwood Letter of Understanding. Seconded by Councilmember Crockett. Motion carried 5-0.
Motion
by Councilmember Crockett to adopt Resolution No. 34-05, Requesting
Authorization to use Portions of the Regional Trail for Winter Use
Activities. Seconded by Councilmember
Wheaton.
Motion
carried 5-0.
Thursday, September 8, 2005
Page 7
Discussion was held regarding the content of the upcoming October City Newsletter. The Council recommended including articles on single sort recycling, the Walker Methodist transaction, Deephaven Days, an update on the Excelsior Fire District, upcoming park improvements and a thank you to the Garden Club for their outstanding service to the City. Additional discussion was held on possible issues to discuss at a Town Hall meeting.
7.
REPORTS FROM BOARDS,
COMMITTEES & DEPARTMENTS
City
Administrator Young briefed the Council on recent public works activities.
City Administrator Young provided a brief update on the Single Sort Recycling Program, Deephaven Days and on the October Newsletter. Councilmember Crockett gave a brief update on the progress of the Field of Dreams project at Deephaven Elementary School.
8.
ADJOURNMENT
Motion
to adjourn by Councilmember Kask.
Seconded by Councilmember Wheaton.
Motion carried 5-0. The meeting
adjourned at 8:57 p.m.
Respectfully
submitted,
Dana
Young
City
Administrator