DEEPHAVEN CITY COUNCIL
THURSDAY, JANUARY 5, 2006
7:00 P.M.
PAGE 1
1. CALL TO ORDER Mayor Anderson called the meeting to order at 7:00 p.m.
PRESENT: Mayor Tom Anderson, Councilmembers Kim Crockett, Keith Kask, Paul Skrede and John Wheaton
STAFF: Police Chief Virgil Gustafson
ABSENT: City Administrator Dana Young and Zoning Coordinator Gus Karpas
Motion by Councilmember Skrede moved to approve the consent agenda, which consists of the minutes of December 19, 2005, verified accounts, approving April 3, 2006 for the annual Board of Review meeting and approving the 2006 Set-up license for the Minnetonka Yacht Club. Councilmember Crockett seconded. Motion carried 5-0.
3.
MATTERS
FROM THE FLOOR
Mayor Anderson opened the Matters from the Floor portion of the meeting.
Scott Armitage, 4580 Eastwood Road, addressed the Council regarding the City of Minnetonka’s
proposed 2006 road construction project on Eastwood Road. Mr. Armitage expressed concern that the City of Minnetonka has not given the Deephaven residents who are affected by this project any information about the extent of the project. Mr. Armitage noted that he polled all 30 homes in the Deephaven and Minnetonka project area and twenty-one homeowners have signed a statement in opposition to the project. Mr. Armitage stated that he does not believe that Deephaven’s portion of the road is in need of repair or resurfacing. The City of Minnetonka has not given notice to Deephaven to share costs related to construction. Mr. Armitage reported that the Minnetonka engineers stated that costs are typically shared when a roadway is shared with an adjacent city. The project consists of 9,400 lineal feet of roadway, of which 1,200 lineal feet extend into Deephaven. Based on the estimated project costs, Deephaven’s share of the costs would be about $159,000. Deephaven’s budget for road improvements in 2006 is considerably less than that amount.
Councilmember Crockett thanked Mr. Armitage for the update and appreciates the thoroughness of his report. Crocket stated that she would be willing to call Minnetonka to learn the status of the notice to Deephaven. Mr. Armitage reported that there will be a neighborhood meeting Monday, January 9 at Minnetonka to discuss the road improvements.
Mayor Anderson stated that he spoke with the Minnetonka Mayor and was referred to
the engineers. Mayor Anderson reported that he had also requested Dana Young speak
with the Minnetonka staff about the road improvements and policy with shared boundary roads.
Mr. Armitage suggested that a joint-powers agreement may exist dictating these matters. The Council stated that they were not aware of any such document.
Councilmember Wheaton asked if the Deephaven residents had received any notice from the City of Minnetonka. Mr. Armitage reported that three notices have been sent to Minnetonka residents, but none to the Deephaven residents.
Mr. Armitage summarized the letter that he circulated to the affected residents and noted that
based on the response he received, 70% of the residents are opposed to the road construction.
Councilmember Skrede stated that he will attend the Monday, January 9 neighborhood meeting. Skrede asked if Mr. Armitage has reviewed the engineer’s plans. Mr. Armitage stated that he has seen preliminary plans but has not viewed the final plans.
Mayor Anderson stated that Deephaven will make an informed decision once they get more details and a report from Dana Young regarding the status of the road improvements.
Councilmember Wheaton asked if the plan was part of Minnetonka’s scheduled maintenance. Mr. Armitage stated that this project is the first in the long-term maintenance program.
Other Matters
Mayor Anderson reported that Mr. McKenzie, 3566 County Road 101, sent a letter of thanks
recognizing the work of the police department and specifically Matt Carns for his recent assistance.
A letter was also received from several residents concerned with snowmobiles going around the fencing at Nocomo Beach to access the lake.
Hearing no further comment, the Matters from the Floor portion of the meeting was closed.
Mayor Anderson opened the Public Hearing at 7:25pm
4. PUBLIC
HEARINGS
A. Variance – Tom Burton, 19975 Cottagewood Road (R-3, 20,000). A request to construct a garage addition which would encroach within the required side yard setback. The requested variance is for four feet, nine inches of the required fifteen foot side yard setback.
Mr. Burton presented his request for a variance, stating that he is requesting to construct a third stall garage to accommodate vehicles and items currently stored outside. The garage addition encroaches into the side yard setback and would be 12 feet 4 inches from the property line. Mr. Burton stated that Mr. Stillman, the nearest neighbor, strongly supports request. Mr. Burton stated that the proposed garage does not increase the amount of hardcover, but he is willing to reduce the amount of hardcover by removing the sidewalk on the west side of the property and impervious landscaping.
Councilmember Crockett reported that the planning commission had a tied vote on a motion to recommend approval of the request. Crockett noted that the survey does not reflect the hardcover updates and Mr. Burton may need an updated survey showing the new hardcover calculation.
Councilmember Wheaton asked why two commissioners had voted against the request. Councilmember Crocket stated that the issues were hardcover and proximity to the property line. The Commissioners were supportive of getting vehicles out of site, but felt the proposal pushed the envelope too far. Mr. Burton noted that the planning commission suggested that the garage stall could be moved forward, but Mr. Burton explained that moving the garage stall would compromise the front entry. Several commission members did not feel that there was a hardship. Mr. Burton reiterated that the garage addition would not add hardcover and that he was willing to reduce the impervious cover creating a net reduction.
Councilmember Wheaton suggested that there may be alternative plans to accomplish the request without a variance.
Councilmember Kask noted that R-3 zoning restrictions were amended to be more relaxed for smaller lots. Kask stated that the same home would not be built today.
Mayor Anderson noted that the lot is substandard. Removing 500 square feet of impervious surface would equate to a 3% reduction in hardcover.
Councilmember Skrede noted that the driveway is large and could still accommodate outside storage, even with the addition of a garage stall. Reducing the driveway surface would provide more green space.
Mr. Burton noted that they use the driveway area for a basketball hoop and a hockey net. It is also more desirable to park in the driveway than along the road.
Mayor Anderson stated that any motion could contain conditions, regarding hardcover removal.
Councilmember Wheaton noted the westerly neighbor has a three car garage and asked if changing the proposed garage in a similar fashion could keep the proposed garage in compliance.
Mr. Burton reported that they have considered other designs and the adjacent garage is larger than what they are proposing.
Councilmember Crockett stated that Mr. Burton has the option to withdraw the request and reattempt the design. If the request is voted down they will have to wait one year to resubmit a variance request.
Mayor Anderson stated that the house is a typical Cottagewood house with regard to setbacks. The hardcover exists at 40.9% and is used to store vehicle and boats. The Council needs to decide if there are enough issues and peculiarities that warrant the granting of a variance from current conditions. Mayor Anderson stated that he is supportive of options that better organize Cottagewood and improve the neighborhood. Cottagewood is an evolving part of the City and if the proposal makes the neighborhood better than he is supportive and if it does not then he is not supportive.
Mr. Burton stated that current garage space is very restrictive and reducing the proposed 2 feet 8 inches to avoid a variance does not work.
Hearing no public comments, Mayor Anderson closed the hearing.
Motion by Councilmember Skrede to approve the variance request to encroach four feet, nine inches into the required side yard setback for the proposed garage addition, as presented, at 19975 Cottagewood Avenue for the purpose of adding a one-stall garage. The motion is conditioned on a net reduction of hardcover by 3% as part of the final hardcover calculations. Councilmember Crockett seconded. Motion carried 3-2.
5. NEW
BUSINESS
A. Adopt Resolution No. 01-06, Appointments & Assignments for 2006
Motion by Councilmember Crockett to adopt Resolution No. 01-06 as presented. Councilmember Wheaton seconded. The motion carried 5-0. Resolution 01-06 was adopted.
6. REPORTS
FROM BOARDS, COMMITTEES AND DEPARTMENTS
A. Police Department
Police Chief Gustafson informed the Council that Mr. Watson desires to be reappointed as the Police Commissioner for another term.
The department will be getting lap tops in the squad cars; two of the cars will be equipped at no cost to the city.
The department will be receiving a refund for the ballistic vests. The officers will be able to select a Level II or Level III vest.
The Deephaven Education Center (DEC) would like to partner with the police department to get automatic defibrillators in every building of the school. DEC has the funds for training, but will need assistance to purchase the machines. The DEC will also team up with the CERT team for CPR training. Mayor Anderson asked why Mrs. Howe did not approach the School District for the equipment. Chief Gustafson was not clear on why the district was not involved.
Chief Gustafson noted that a resident donated a hand gun that will have a $300 trade in value. The proceeds will provide two shotguns. Former Chief Johnson contacted the department to inquire if he could buy back his former hand gun. Chief Gustafson stated that he would like Council’s approval to sell Mr. Johnson the gun as well as sell his officers several guns that the department is not using. Gustafson noted that he is cleaning up the police storage area and would like to trade out equipment and upgrade other pieces. Council was supportive of selling the guns as explained by Chief Gustafson.
AAA has contacted the police department to partner with them. Gustafson stated that
the department would be interested in providing assistance with a mature driving class and
bicycle safety.
B.
Excelsior
Fire District
Councilmember Skrede noted that on December 20, Fire Chief Mark DuCharme submitted his resignation to accept a full-time position as Fire Chief for Pine City. Skrede asked Council for direction as the representative on this issue.
Mayor Anderson stated that he would prefer Deephaven meet the candidates and make a recommendation to Councilmember Skrede as the City’s representative.
Councilmember Skrede stated that he has reviewed fire fighters comments and there seems to be a feeling that the need for a fire marshal carried more weight than that of a fire chief. Mayor Anderson suggested that consideration be given for combining the role. Anderson stated that this may be an opportunity to rethink the Fire District Board structure. Establish standards to be used as a bench mark, outline better controls and measurements of their jobs and oversight of the department, and establish standards so performance can be reviewed.
Councilmember Skrede stated that under the current structure the chief’s job is difficult to perform. The Fire Board needs clearer definition of the duties. Skrede reported that he was not able to find a job description for the fire chief. In the interim, Skrede stated the Board needs to decide what responsibilities must be met on a day-to-day basis and whether the deputy could handle those responsibilities until a new chief is selected.
Councilmember Wheaton recommended creating a job description that gives the chief increased focus on meeting standards and evaluating performance against those standards.
Mayor Anderson stated that Deephaven was grateful for Chief DuCharme’s service.
Councilmember Skrede wanted the record to reflect that Deephaven is participating in the improvement of the Fire District and has no intentions to leave the district.
Councilmember Crocket asked if the City can have an audit of the records for the construction of the two fire stations.
C.
Public Works
Mayor Anderson stated that there is a meeting regarding the storm water management program on January 11.
D.
Administration
No report.
7. ADJOURNMENT
Motion by Councilmember Skrede to adjourn the meeting. Councilmember Crockett seconded. The meeting adjourned at 8:50 p.m.
Respectively submitted,
Shelley Souers
Recording Secretary