DEEPHAVEN CITY COUNCIL

MONDAY, NOVEMBER 21, 2005

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 Keith Kask, Kim Crockett, John Wheaton

                        and Paul Skrede

 

STAFF:            Police Chief Virgil Gustafson and City Administrator Dana Young

 

2.                  APPROVE CONSENT AGENDA

 

Councilmember Crockett moved to approve the minutes of November 7, 2005.  Seconded by Councilmember Skrede.  Motion carried 5-0.

 

3.                  MATTERS FROM THE FLOOR

 

Mayor Anderson opened the Matters from the Floor portion of the meeting.

 

Marsha Wilda, representing the Hennepin County Railroad Authority, was present to present information on the management of unauthorized uses of the Railroad Authority Corridor.  Ms. Wilda stated that the number and type of unauthorized uses of the railroad corridor have increased dramatically.  She stated that it is the intention of the Railroad Authority to solicit public opinion in order to update their policy on establishing what uses are acceptable.  Ms. Wilda presented a 12-minute PowerPoint presentation showing current unauthorized uses of the Railroad Corridor.  Councilmember Skrede requested a list of existing agreements in Deephaven between the Railroad Authority and property owners.  Mayor Anderson asked if it was the Railroad Authority’s responsibility to prevent unauthorized encroachment into the corridor?  Marsha Wilda stated that it is ultimately the Railroad Authority’s responsibility but would certainly appreciate any assistance from the City in reporting any encroachments into the corridor.  She stated that the Railroad Authority intends to conclude their meetings with cities the third week in December and meet with the Hennepin County Board in January to formally act on a revised policy.

 

Darel Gustafson, the City’s appointed representative to Minnetonka Community Educational Services (MCES), was present to provide a brief update on recent MCES activities.  The following list of activities were discussed:

·        MCES has changed their name from Minnetonka Community Education Services to Minnetonka Community Education.

·        The construction of the playground at Deephaven Elementary School is progressing and will be completed this spring.

·        The City will be receiving a request for a permit from MCE to install an awning for the front of Deephaven Education Center.

·        MCE has recently completed the training of 30 youth basketball referees, which will be a real boost to the youth basketball program

 

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·        The MCE Youth Triathlon is scheduled for May 6th and will be held in and around Minnetonka Middle School.

·        The Tour De Tonka bike ride is scheduled for August 5th.  The bike ride will include three different routes of varying lengths and will start and end at the Deephaven Education Center.  MCE Director Tim Litfin is in the process of meeting with both the Deephaven Park Committee and Police Chief Gustafson to coordinate the event.

·        The Deephaven Education Center has a new computer lab where classes are held for all residents of the community.

 

Councilmember Skrede stated that he met with Darel Gustafson and Tim Litfin last Thursday and discussed the possibility of MCE assisting with the registration for Deephaven Days.

 

Councilmember Crockett asked if the proposed date for Deephaven Days conflicted with the Tour De Tonka?  Woody Woodburn, Park Committee Chairman, stated that the proposed date for Deephaven Days was going to be August 5th but the date would likely be changed to August 12th so as not to conflict with the Tour De Tonka.

 

Woody Woodburn, Park Committee Chairman, was present to provide a brief review of the Park Committee’s activities at their November 9, 2005 meeting.  He stated that the Committee is concluding a busy year that has resulted in the establishment of Deephaven Days as a community celebration and several improvements to the basketball and tennis court at Thorpe Park.  He stated that next year the Committee is committed to spending more funding to repair the tennis courts by resurfacing the courts at Village Hall and Thorpe Park.  He stated that the Committee is also looking into establishing standards for benches in order to expand the number of options for people looking to donate benches while at the same time making the appearance of parks more consistent.  He stated that the Park Committee will be sponsoring an open house at the Village Hall ice rink on December 17th and have made arrangements to have a contractor clear the rinks of snow over the weekends.  He concluded his summary by stating that the Committee is also working to have Deephaven designated as Tree City USA, which will require the enhancement of the City’s current tree ordinance. 

 

Councilmember Crockett asked if the revised tree ordinance would require that the City regulate trees on private property.  Woody Woodburn stated that he intends to work on the ordinance with Administrator Young and intends to come back to the City Council with several ideas on how to revise the ordinance.  Councilmember Skrede stated that he appreciated the Park Committee’s efforts to find a contractor to plow snow from the rinks over the weekend.

 

Scott Armitage, 4580 Eastwood Road, was present to provide a brief summary of a proposed road construction project planned by the City of Minnetonka for Eastwood Road in 2006 and to request that the Deephaven City Council represent those Deephaven residents who would be affected by this project.  He stated that although Minnetonka maintains Eastwood Road, the road abuts residents of both Minnetonka and Deephaven.  He stated that the proposed street project is extensive and includes widening the road, flattening certain sections, curb & gutter installation and storm sewer repair.  He stated that many residents in both Minnetonka and Deephaven, are concerned by the aesthetic changes proposed by Minnetonka.  He stated that while Minnetonka residents have the opportunity to discuss

DEEPHAVEN CITY COUNCIL

MONDAY, NOVEMBER 21, 2005

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the project with their city council representatives or have had the opportunity to respond to surveys, the Deephaven residents have not had this same opportunity.  He requested that the Deephaven City Council become more involved in this project and provide representation to the Deephaven residents that are part of this project.

Councilmember Skrede stated that both Administrator Young and Councilmember Wheaton attended the  meeting on this project last Monday.  He added that the City needs to determine the extent of Deephaven’s involvement in this project since there is a real possibility that the City will be sharing in some of the construction costs.

 

Councilmember Wheaton stated that it was his sense from attending the meeting that the residents were split in their support for curbs and gutters.  Scott Armitage agreed that some residents favored curbs because of some drainage problems they were experiencing and others did not because they wanted the road to retain its rural feel.

 

Mayor Anderson asked Scott Armitage to provide a statement from the other Deephaven residents involved in this project to get a better sense on what they would like done with the road.  

 

4.                  PUBLIC HEARINGS

 

A.                 Public Hearing on the Assessment of Delinquent Charges Pertaining to the Abatement

of a Public Nuisance.  Administrator Young stated that the property at 5000 Highcrest Drive 

had been in violation of Section 535.04 (z) of the Deephaven City Code that prohibits the length of grass from exceeding eight inches.  The property owners were notified of the violation and were invited to appear before the City Council on October 3, 2005 to explain the reasons why they had not abated this nuisance.  He stated that the property owners did not appear at the meeting and the City Council ordered the Public Works Department to abate the  nuisance.  He stated that the Public Works Department mowed the property at a cost of $101.91 and the property owners were given the opportunity to pay the bill or have the cost assessed against their property.  He stated that the property owners have not paid the outstanding bill and the adoption of Resolution No. 47-05 this evening would be necessary to assess the cost against their property.

 

Resolution No. 47-05, A Resolution Establishing Special Assessments for Delinquent Charges Pertaining to the Abatement of a Public Nuisance was adopted on a motion by Councilmember Wheaton.  Seconded by Councilmember Crockett.  Motion carried 5-0.

 

B.                 Adopt Ordinance No. 13-37, an Ordinance Regulating Wireless Communication Towers

Mayor Anderson briefly reviewed the changes in Ordinance No. 13-37 that had been requested by the City Council on November 7, 2005.  Councilmember Skrede moved to adopt Ordinance No. 13-37 as presented.  Seconded by Councilmember Kask.  Motion carried 5-0.

 

            Councilmember Wheaton asked if the ordinance should be reviewed by an attorney familiar

            with ordinances of this nature prior to adoption as recommended by City Staff. 

Councilmember Skrede stated that he didn’t think this would be necessary since the ordinance,

which was borrowed from another community, had been reviewed by their attorney and had

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also been recommended by the League of  Minnesota Cities.  Mayor Anderson agreed and

stated that he would prefer that the process were not delayed any further.

 

5.                  UNFINISHED BUSINESS

 

A.                 Adopt Resolution No. 48-05, Appointment of Responsible Authority

 

Administrator Young stated that Minnesota Statutes requires municipalities to appoint one person as the Responsible Authority to administrate the requirements for collection, storage, use and dissemination of data on individuals within the City.  He stated that Resolution No. 48-05 would designate himself as the Responsible Authority as required under state statute.

 

Councilmember Crockett moved to adopt Resolution No. 48-05, Appointment of Responsible Authority.  Seconded by Councilmember Wheaton.  Motion carried 5-0.

 

B.                 Review 2006 Utility Fund Budgets

 

Administrator Young provided a review of the 2006 Water, Sewer and Storm Water Fund Budgets.  Discussion was held regarding the proposed 2006 sewer rate increase from $60 per quarter to $70 per quarter and the proposed 2006 storm water rate increase from $2.00 per month to $3.00 per month to support the schedule of capital improvements planned for both utilities. 

 

Mayor Anderson stated that he preferred a lesser rate increase for the Sewer Fund due to the significant cash reserves that are currently available in the fund.  He added that he would also support a larger rate increase for the Storm Water Fund due to the significant number of storm water projects planned over the course of the next several years.  He suggested a 2006 sewer rate increase from $60 per quarter to $65 per quarter and a 2006 storm water rate increase from $2.00 per month to $5.00 per month.  He added that a larger rate increase in the Storm Water Fund in 2006 might also lessen the need for a temporary fund transfer in 2008 that would be needed from the Sewer Fund in order to support several capital projects. 

 

C.                 Review Five-Year Utility Fund Projections

 

Administrator Young presented the Five-Year Utility Fund Projections for Council review.

 

D.                Adopt Ordinance No. 04-41, Amending Utility Fees

 

Councilmember Kask moved to adopt Ordinance No. 04-41, an Ordinance Amending Utility Fees that would increase the 1996 sewer rate from $60.00 to $65.00 per quarter and the 1996 storm water rate from $2.00 to $5.00 per month.  Seconded by Councilmember Skrede.  Motion carried 5-0.

 

6.                  NEW BUSINESS

 

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A.                 Discuss Restrictions on the Use of Motorized Watercraft and Vehicles on Lake Marion.

 

Administrator Young stated that the Woodland City Council reviewed a proposed ordinance on November 14th that would restrict the use of motorized vehicles and watercraft on Lake Marion and would like the Deephaven City Council to provide feedback on whether Deephaven would consider adopting a similar ordinance.  He explained that Deephaven would have to adopt a similar ordinance since a portion of Lake Marion was within the City of Deephaven.

 

            Councilmember Crockett stated that the property owners abutting Lake Marion should

negotiate their own private agreements or restrictive covenants.  Mayor Anderson stated that

since there was no public access to Lake Marion that this was strictly a neighborhood issue. 

Councilmember Crockett agreed by stating that this was a private property issue and not a city

issue.

 

B.                 Approve 2006-2008 Police Union Contract

 

Administrator Young provided a brief review of the proposed changes in the 2006-2008 Police Union Contract including a 3.0% wage increase from 2006-2008, a provision for compensatory time off up to 40 hours per year, a provision for four hours of compensatory time in the event that City staff is allowed to leave early on Christmas Eve, and employer contributions towards group health premiums in the amount of $600.00 per month in 2006, and 54% of the family group health premium in 2007 and 2008.

 

Councilmember Wheaton moved to approve the 2006-2008 Police Union Contract.  Seconded by Councilmember Kask.  Motion carried 5-0.

 

C.                 Authorize Advertisement of Bids for Lift Station Control Panels

 

Administrator Young stated that the control panels on each of the City’s nine lift station were original parts on the lift stations when they were first installed back in 1972.  He stated that due to their age, replacement parts are no longer available.  Councilmember Skrede stated that the Public Works Committee has been looking at new control panels since June and the City is required to advertise for bids since the cost of purchasing nine new control panels exceed $50,000.00.  Councilmember Kask asked if the specifications intend to request stainless steel panels.  Councilmember Skrede stated that the panels would be stainless steel since the cost of regular steel instead of stainless steel would only result in a savings of $1,300 per panel. 

 

Councilmember Kask moved to authorize the Advertisement for Bids for nine Lift Station Control Panels.  Councilmember Crockett seconded.  Motion carried 5-0.

 

7.                  REPORTS FROM STANDING COMMITTEES

 

A.                 Park Committee – Mayor Anderson noted that Park Chairman Woody Woodburn had already given a summary of the November 2, 2005 Park Committee under Matters from the Floor.

 

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B.                 Public Works Committee – Administrator Young stated that the Committee recommended the installation of a three-way stop sign at the intersection of Ridgewood Road and Eastwood Road; discussed additional purchases as part of the CenterPoint Energy Grant; discussed the impact of purchasing a smaller plow to enable the Public Works Department to plow the LRT Trail more evenly; reviewed 2006 sewer main improvements; and recommended the advertisement for bids on the lift station control panels.

 

Mayor Anderson asked Police Chief Gustafson if there had been a history of accidents at the intersection of Ridgewood Road and Eastwood Road.  Police Chief Gustafson stated that there had been very few accidents that he was aware of at this intersection.  Mayor Anderson stated that he didn’t think a three-way stop at this intersection would be warranted unless it was intended to prevent a number of accidents that had been occurring at this location.

 

C.                 Deephaven Boat Committee – Administrator Young stated that the Committee had denied a request from Jeff Kuzara for reinstatement to the revised Boat Waiting List, reviewed a roll-on slide and worked on dock and slide plans for St. Louis Bay.

 

8.                  ADJOURNMENT

 

Motion by Councilmember Wheaton to adjourn the meeting.  Councilmember Kask              seconded.  Motion carried 5-0.  The meeting adjourned at 8:57 p.m.

 

Respectfully submitted,

 

 

Dana H. Young

City Administrator