DEEPHAVEN CITY COUNCIL
MONDAY, AUGUST 21, 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 John Wheaton, Keith Kask, Paul Skrede and Kim Crockett
STAFF: Police Chief Virgil Gustafson and
City Administrator Dana Young
2.
APPROVE CONSENT AGENDA
Motion
by Councilmember Wheaton to approve the consent agenda, consisting of the
minutes of August 3rd and August 7th, the adoption of
Resolution No. 19-06, Authorizing the Winter Use of the Regional Trail, and
approval of the resignation of Dennis Stanga from the LMCC Board. Councilmember Kask seconded. Motion carried 5-0.
The
appointment of Sue Jerutis to the Boat Committee was taken off of the consent
agenda and added under item 5A.
3.
MATTERS FROM THE FLOOR
There
were no matters from the floor.
4.
PUBLIC HEARING
A.
Ordinance Amendment – Recommendation to the City Council on Ordinance No. 12-19, an
amendment to Section 1200 of the City Code revising language pertaining to
subdivisions. The proposed ordinance
amendment would clarify issues pertaining to access, private roads and
development in areas with slopes.
Councilmember Kask stated that the proposed ordinance does clarify streets, private streets and driveways, which has been needed in the subdivision ordinance. He stated that the definition of what constitutes the front and sideyard remains somewhat unclear as does the definition of water body. He added that the proposed ordinance specifies the width of private streets at 30 feet wide with a 20 foot paved surface.
Councilmember
Crockett asked for clarification about the proposed definition of slope. Councilmember Kask stated that he thought the
definition of slope was adequately addressed in the proposed ordinance.
Councilmember
Skrede stated that he felt that the ordinance needed to address steep slopes as
they impact building pads and access to the building pads. Mayor Anderson agreed that building pads on a
steep slope are the primary concern rather than having steep slopes located
elsewhere on the property.
Councilmember
Crockett noted that steep slopes, driveways and building pads were addressed on
page 17 of the ordinance under Design Standards. She added that the Planning Commission didn’t
have a lot to say on the proposed ordinance although it was approved
unanimously.
The
Council remanded the proposed ordinance back to City staff for further
clarification on a definition of a water body and the whether bluffs apply to
water bodies.
5.
OLD BUSINESS
Councilmember
Crockett stated that she was confused about the appointment of both Sue Jerutis
and Tom Brislin to the Boat Committee appearing on the agenda since she thought
there was only one opening at this time.
She stated that according to the Boat Committee minutes five people were
inadvertently not invited to the meeting to be interviewed for the vacant
position. Mayor Anderson stated that the
Boat Committee Chair should be reminded to follow protocol in selecting new
members.
Administrator
Young stated that the City Council tabled action on the appointment of Tom
Brislin to the Boat Committee due to concerns that Mr. Brislin was currently in
violation of slide width requirements and sailboat length requirements. He stated that Sue Jerutis was recommended in
August by the Boat Committee to fill the vacancy caused by the resignation of
John Gresens and further recommended that Mr. Brislin could be appointed to
replace Oliver Arrett when his term expires in January.
Councilmember
Crockett stated that she believes the Boat Committee should find a new member
that doesn’t have a permit for a watercraft space in order to provide broader
representation on the Committee.
Administrator Young stated that the Boat Committee is of the belief that
Ed Towey, who does not have a boating permit with the City, currently fills
that position on the Committee.
Councilmember
Skrede pointed out that 60% of the City Council doesn’t have a boat permit
which provides the proper balance to the decisions of the Boat Committee.
Mayor
Anderson stated that Mr. Brislin has a boat on a slide that is currently not in
compliance with boat width requirements and understands that Mr. Brislin’s
sailboat may be in compliance with the 25-foot length requirements. He asked Mr. Brislin if he were appointed to
the Boat Committee would he have difficulty in enforcing slide width
requirements since his boat is in violation of this same requirement?
Tom
Brislin, 3675 Parkway, stated that he incorrectly assumed the width of his boat
was in compliance judging by the number of boats on the slides that were
currently not in compliance. He stated
that he believes the Council and Boat Committee should work together to allow
the wider boats on slides because these types of watercraft are used much more
heavily. He stated that he hoped to
change the width requirement and would be glad to work with the Boat Committee
to help manage the width issues on the slides.
Councilmember
Wheaton asked how would Mr. Brislin vote on someone in violation of width
requirements if he were on the Boat Committee?
Mr.
Brislin stated that he would like to work to get wider boats on slides but
acknowledged that his boat is in violation of the width requirements and that
he would have to remove his boat and would inform others in a similar
circumstances the same thing.
Mayor
Anderson stated that he personally has a problem with Mr. Brislin’s appointment
simply because he is not currently in compliance with boat width requirements.
Councilmember
Crockett stated that she would look hard at any appointment that didn’t include
someone who did not currently have a boating resource. She added that the City should be checking
all boats to ensure that they are in compliance with length and width requirements.
Councilmember
Kask stated that he was not involved in the selection process but would
certainly applaud Mr. Brislin for coming to the meeting this evening. He added that the selection process is often
a difficult process at best. He stated
that the applications from volunteers can be several years old and the
volunteers no longer have any real interest in serving on the Committee when
they are contacted about a vacancy. He
stated that the other difficulty is that when you can hold an interview with ten residents to fill one vacancy, you
have to tell nine residents that they weren’t selected. He stated that it is not uncommon for these
volunteers to be interviewed a second time only to be rejected again. He concluded that the selection of volunteers
under the best of circumstances is not an easy task.
Councilmember
Skrede stated that the Boat Committee at their August meeting might have felt
it was sufficient to interview just four individuals for the vacant
position. He asked Mr. Brislin why he
would like to serve on the Boat Committee?
Mr.
Brislin stated that he would like to keep the existing system in place and felt
he would add a voice for those people, like himself, who had a slide and a
buoy.
Councilmember
Skrede stated that he appreciated Mr. Brislin’s candor in his letter to the
City Council and was satisfied that the length of his sailboat was in
compliance with City requirements. He
added that Mr. Brislin would not be the only Boat Committee member in violation
of our width standards.
Mayor
Anderson agreed that Mr. Brislin is an exceptional candidate for the Boat
Committee but that he couldn’t support his nomination because he was in
violation of our ordinances. He added
that he would like to see Mr. Brislin resubmit his application if the ordinance
on boat widths is changed.
Motion
by Councilmember Crockett to deny Mr. Brislin’s appointment to the Boat
Committee. Seconded by Councilmember
Wheaton. Mayor Anderson, Councilmembers
Crockett and Wheaton voted to support the motion. Councilmembers Skrede and Kask voted in
opposition to the motion. Motion carried
3-2.
Motion
by Councilmember Skrede to appoint Sue Jerutis to the Boat Committee to
complete the unexpired term of John Gresens.
Seconded by Councilmember Kask.
Councilmember Crockett abstained.
Motion carried 4-0-1.
Wendy Bennis, 18650 Minnetonka Blvd., was present to request 35 temporary parking permits for use during the 2006 E-Scow National Championship Regatta from September 7-10. She stated that registration would be held at City Hall and expected approximately 100 boats to participate in the regatta. Police Chief Gustafson stated that the parking went well during the last regatta in July.
Motion
by Councilmember Crockett to approve 35 temporary parking permits for the
Minnetonka Yacht Club for the 2006 E-Scow National Championship Regatta from
September 7-10. Seconded by
Councilmember Wheaton. Motion carried
5-0.
Motion by Councilmember Skrede to adopt Resolution No. 18-06, A Resolution Approving the 2007 Contract for Services with Woodland. Seconded by Councilmember Kask. Motion carried 5-0.
D.
Adopt Ordinance No. 09-16,
Amending Section 900.07, Subd. 2, Regarding June 15th Deadline
Administrator Young stated that the Council
generally felt that the June 15th deadline requirement as specified
in Section 900.07, Subd. 2 are too punitive and requested the drafting of a
amendment to this ordinance that would impose a penalty rather than revoke the
permit for failure to meet the deadline requirement.
The Council requested an amendment to the proposed
ordinance that would establish a deadline for the penalty, allow the revocation
of the permit following the deadline and an appeals process for those
individuals whose permits are revoked.
Administrator Young stated that the two 2003 Ford Crown Victoria squad cars are scheduled to be replaced in 2007 and that Ford Motor Company has extended the opportunity to purchase 2007 Model Year Ford Crown Victoria police vehicles at 2006 Model Year Prices. He stated that the 2006 Model Year prices are $20,235.00. He stated that the opportunity to order the vehicles now for purchase in 2007 would save between $200.00 - $1,000.00 per vehicle.
Motion by Councilmember Skrede to authorize the
purchase of two 2007 Model Year Ford Crown Victoria police vehicles from off of
State Contract in the amount of $20,235.00 per vehicle, with the vehicles to be
purchased in 2007. Seconded by
Councilmember Wheaton. Motion carried
5-0.
F. Adopt Resolution No. 20-06, Prohibiting Parking at Chowen’s Corner and Amesbury Park from 12:00 a.m. to 5:00 a.m.
The Council decided to remove Amesbury Park from the parking restrictions that are proposed in Resolution No. 20-06 and to further evaluate the parking situation at Amesbury Park at a later date.
Motion by Councilmember Skrede to adopt Resolution No. 20-06, A Resolution Prohibiting Parking at Chowen’s Corner 12:00 a.m. to 5:00 a.m., as amended. Seconded by Councilmember Wheaton. Motion carried 5-0.
Councilmember Skrede presented the 2007 Excelsior Fire District Budget for Council review. He stated that the budget included the new Fire Chief’s salary and the reimbursement for a training expense that had been incurred several years ago but had never been budgeted. He noted that the corrected allocation formula had been distributed as a handout prior to this evening’s meeting.
Mayor Anderson asked if the Fire Board had considered ways to prune or control the operating cost such as using the police as first responders or with cutting down the number of firefighters responding to each call.
Councilmember Skrede stated that the Fire Board is looking at various ways to control costs and he will provide a spread sheet next month showing that some real progress has been made on response times.
Motion by Councilmember Kask to approve the 2007
Excelsior Fire District Budget as presented.
Seconded by Councilmember Skrede.
Motion carried 5-0.
General discussion was held regarding the 2007
Budget. Councilmember Skrede noted that
there may come a time when a Council will have to determine what size of
reserves as a percentage of annual operating expenses are acceptable. He stated that the 2007 Budget proposes a
General Fund cash reserve of 87.9% and that he would personally feel more
comfortable at 90% reserves.
Councilmember Kask stated that would also like to
see reserves as a higher amount and is presently comfortable with the proposed
2007 expenditures as shown.
Mayor Anderson stated that the State Auditor has
always recommended a cash reserve of 50% and felt that the City was in more
than adequate financial position because it had no outstanding debt.
Councilmember Crockett stated that she believes the
current cash reserve of 87.9% strikes a good balance for 2007. She added that she would like to review
revenues and expenditures next year to determine whether we have maintained an
adequate cash reserve.
Councilmember Crockett exits at 9:23 p.m.
6.
REPORTS FROM STANDING
COMMITTEES
Administrator Young stated that the Public Works
Committee met on August 2nd and requested an estimate from bridge
contractors for the repair of the City’s three bridges, reviewed the proposed
2007 Capital Improvement Budget for the Street Department, reviewed the
stormwater project schedule, recommended denial of a request to plow Vine Ridge
Court, reviewed a request for the vacation of that portion of Highland Drive
lying west of Therese Street and recommended approval of the bids for the 2006
Sanitary Sewer Rehabilitation Project and 2006 Street Striping.
Administrator Young stated that the Park Committee met on August 2nd and finalized plans for Deephaven Days, discussed the installation of sod around the Children’s Park Fountain, reviewed the 2007 Park Improvement Fund Budget and recommended the installation of the tennis backboard in the center court at Village Hall Park on the side closest to the playground equipment.
Councilmember Skrede provided a brief summary of
Deephaven Days and thanked the many volunteers who assisted with the event.
Mayor Anderson stated that he would be interested in
considering hiring a full-time Park/Rec Director for the City that would
organize Deephaven Days and summer and winter recreational activities. He stated that he believed the position would
be a real benefit to the community.
Administrator Young stated that the Boat Committee
met on August 9th and interviewed three candidates for the vacant
position on the Committee and recommended the appointment of Sue Jerutis. He stated that the remainder of the meeting
was spent discussing proposed boat sizes and weights for boats on slides and in
finalizing the dock plans for St. Louis Bay.
He added that the Committee intended to present the plan to the City
Council on September 7th.
7.
ADJOURNMENT
The meeting was adjourned at 9:33 p.m.
Respectfully submitted,
Dana H. Young
City Administrator