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2013 - Agendas & MinutesSPRING PARK On Lake Minnetonka CITY OF SPRING PARK CITY COUNCIL AGENDA JANUARY 7, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. OATH OF OFFICE a. Sarah Reinhardt, Bruce Williamson, Shirley Bren 5. PLEDGE OF ALLEGIANCE 6. ADOPT AGENDA 7. ADOPT CONSENT AGENDA a. City Council Meeting Minutes from December 17, 2012 8. PUBLIC FORUM 9. PRESENTATIONS AND & GUEST SPEAKERS a. Donna Smith — Gillespie Center Update 10. PETITIONS, REQUESTS & APPLICATIONS a. Variance Application 2473 Black Lake Road — Resolution 13-08 11.ORDINANCES & RESOLUTIONS a. Resolution 13-01: Naming Official Depositories • b. Resolution 13-02: Establishing Order of Business and Time of Regular Council Meetings and Monthly Study Session c. Resolution 13-03: Appointments d. Resolution 13-04: Dates of Meetings, Holidays and Office Hours e. Resolution 13-05: Adopting The Hennepin County All -Hazard Mitigation Plan f. Resolution 13-06: Fees for Licenses, Permits and Services g. Resolution 13-07: Public Utilities Rate Schedule 12. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 13. UPCOMING MEETINGS & TRAINING a. January 9, 2013 — Administration Committee — 11:00 AM b. January 9, 2013 — LMCD — 7:00 PM c. January 9, 2013 — Planning Commission — 7:00 PM d. January 15, 2013 — LMCC — 5:00 PM e. January 21, 2013 — City Council — 7:30 PM 14. UNFINISHED BUSINESS 15. NEW BUSINESS & COMMUNICATION a. Bills & Payroll • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 • 16. MISCELLANEOUS (Information Only) a. December Fire Report b. Street Light Project Engineering Proposal c. Proposed Open Book Meeting Date d. Compliance Checks e. Moonlight Trail Night Sponsorship Request 17.ADJOURNMENT • • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 NG PARK On Lake Minnetonka CITY OF SPRING PARK CITY COUNCIL MINUTES JANUARY 7, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Engineer Pearson, Attorney Beck, Planner Brixius. Anne Marie Borne, Various members of high school government class, Donna Smith and Jeanne Brustad from Mound Gillespie Center. 4. OATH OF OFFICE - Oath of Office administered to newly elected council members. a. Sarah Reinhardt, Bruce Williamson, Shirley Bren 5. PLEDGE OF ALLEGIANCE 6. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. Reinhardt wants to move the streetlight proposal to the city engineer. Williamson and Hughes agrees. All votes ayes, motion carries. 7. ADOPT CONSENT AGENDA — Hughes makes a motion and Williamson seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Meeting Minutes from December 17, 2012 8. PUBLIC FORUM — No one. 9. PRESENTATIONS AND & GUEST SPEAKERS •10. Donna Smith — Gillespie Center Update — Smith said the Gillespie Center is working towards growing the endowment fund and sincerely thanks Spring Park for their ongoing support. Smith said once the endowment is reached, no further funding will be necessary. She said the monies given by the cities are an investment for everyone's future. Smith said Bruce Williamson represents the City of Spring Park. Reinhardt said the treasurer sent financial reports but wasn't sure if Spring Park received one. Smith introduces Jeanie Brusted as the new president. Smith said there will be some leaflets left for upcoming events. Brustad thanks the city. She explains upcoming events available at the Gillespie Center. She explains the facility is available for rental and they have many day-to-day events. Reinhardt said she is thankful for the center and the great activities for the community. Williamson added the endowment's purpose is to gain financial independence. 11. PETITIONS, REQUESTS & APPLICATIONS 12. Variance Application 2473 Black Lake Road — Resolution 13-08 — Reinhardt said the city planner is here to explain the application. Brixius said the planning commission held a public hearing and they recommended approval. Brixius said the property is considered legal non conforming property. He said there is a road right-of-way and the property is 5'3" from the property line. He said a utility pole and fire hydrant are also close. Brixius said retaining walls will be removed and expansion of the home will include an enclosed stairwell. Brixius said this arrangement is reducing the setback. Brixius said there is new criteria for variance and the council has to determine if it is reasonable. Brixius said the lot is conforming and it meets required setbacks except the street side and the north side. Brixius said the home was built in 1930 and an addition was put on but that was fully conforming. Brixius said the fire •department was consulted and their determination was that the removal of the retaining walls makes the access better. Xcel was concerned about disturbance of the pole during 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 construction but requested notification at that time in order to monitor. Brixius said PC findings found the lot was unique and the second story primary entrance was unique. They felt it would not negatively impact surrounding properties and found the changes could be an improvement. He said the PC was concerned about storm water and control of runoff is requested. Hughes said he reviewed the property and he agrees the removal of the retaining • walls would make access better. Brixius said the findings were detailed in order to set this apart as unique from other properties. Williamson said he felt this is an appropriate variance. He said there was a lot of detail in this analysis and understands this was for an eye to the future if other proposals come forward. Hughes said Brixius mentioned the Minnetonka case. He said it used to be proof of hardship and has since been changed to practical difficulties. Hughes moves to approve resolution 13-08 and Williamson seconds. Hughes wants to include the conditions in the resolution. All votes ayes, motion carries. 13.ORDINANCES & RESOLUTIONS a. Resolution 13-01: Naming Official Depositories -Williamson makes a motion and Hughes seconds to approve Resolution 13-01. All votes ayes, motion carries. b. Resolution 13-02: Establishing Order of Business and Time of Regular Council Meetings and Monthly Study Session — Hughes makes a motion and Williamson seconds to approve Resolution 13-02. All votes ayes, motion carries. c. Resolution 13-03: Appointments — Reinhardt said this is the council committee appointments and she said they will hold off until the new council member is sworn in at the next meeting. Williamson moves to make planning commission reappointments and Hughes seconds. Hughes said the Gillespie Center mentioned Williamson is the city's representative and feels it should be added or mentioned ad hoc. Williamson makes a motion that everyone who has a present assignment continues in their assignment until the appointment of the new council member. Hughes seconds. All votes ayes, motion carries. d. Resolution 13-04: Dates of Meetings, Holidays and Office Hours — Bren makes a • motion to approve Resolution 13-04. Hughes seconds. All votes ayes, motion carries. e. Resolution 13-05: Adopting The Hennepin County All -Hazard Mitigation Plan — Tolsma said this is a resolution the city has passed for several years. He said we're not sure why it has to be approved every year but Hennepin County requests it. It's preparation for disaster preparedness. Bren makes a motion to approve 13-05. Hughes seconds. All votes ayes, motion carries. f. Resolution 13-06: Fees for Licenses, Permits and Services — Reinhardt said this is the same as last year. Tolsma said the equalization connection fee is calculated annually by a formula specified in the code. He said the engineer will make the calculations and it will be plugged in. Williamson makes a motion to adopt 13-06 but will revisit and revise the water equalization connection fee. Bren seconds. Reinhardt said that the fee schedule can be changed at any time throughout the year. All votes ayes, motion carries. g. Resolution 13-07: Public Utilities Rate Schedule — Reinhardt said the only change is the updating of the equalization fee. Williamson asked about the sewer rate from the Met Council as he said they make an adjustment every year. Williamson asked if this is the number currently used and Tolsma said this will adequately cover the costs. Williamson always thought it was a match number and questions that this is an adequate charge. Reinhardt said this can be verified to make sure. Hughes makes a motion to adopt Resolution 13-07 and Bren seconds. All votes ayes, motion carries. isReinhardt makes a motion that until adoption of the final appointments, the Laker continues to be designated as the city's official resource for legal publications. Hughes seconds. All votes ayes, motion carries. 4349 WARREN AVENUE, SPRING PARK, MIN NESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 14. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — Reinhardt said there was one applicant for the council vacancy. She said Doug Sippel has been a former council member and currently a member of the PC. She anticipates his council appointment will be made at the next meeting. • Williamson said by appointing Sippel to the council it opens a spot on the planning commission. He encourages anyone interested in serving on the commission to contact city hall for details. Reinhardt said there is a follow up meeting to the meeting regarding heroin in the community and it will be at the Gillespie Center on February 21 st. Hughes said as of the first of the year Mound Fire has gone to a duty officer 24/7 and who will respond to alarm calls. Hughes said with the LMCD the AIS draft coming up for approval. He said there is $75K earmarked for chemical treatment and it will cost an additional $1200. Reinhardt said a written response needs to be provided. Hughes also said the bow fishing is coming up this week and it is something to watch. b. City Administrator — Nothing. c. City Engineer — Reinhardt said Paul Pearson has a proposal prepared for the CR 15 streetlight replacement project. Pearson said Jerry Strand from Lumina Sales was a part of the meeting. Pearson said there is a cost savings of $3300 for the City of Spring Park if this ends up being a joint project with Orono. He said there would also be a cost reduction for the construction as well if this is a joint project. Williamson asked about timing whether Orono is in or out. He said Orono could hold up the timeline of the project or it could cost more money togo forward without Orono. Tolsma said Orono should have an answer by January 14t . He said the timeline has been discussed and the urgency has been stressed for Orono to determine if they are onboard or not. Williamson stresses the importance of this being a joint project due to cost savings but a prolonged delay just to facilitate a joint project can add costs in other ways. Hughes is also concerned about Orono's choices in street poles and wonders if they like Spring . Park's choices. Reinhardt said to move this forward, the engineer's report should be approved. Reinhardt said she questions submitting the MFRA invoice on a monthly basis and forwarding it to Orono, she thinks it makes more sense to have MFRA invoice Orono. Pearson said he thought it would be beneficial for Spring Park to review the invoice first and then forward to Orono. Hughes said MFRA could bill Orono and Spring Park independently but include copies of the other city for review. Hughes moves to proceed with the process with the understanding that the billing will go independently to each city. Williamson seconds. All votes ayes, motion carries. d. City Attorney — Nothing. e. Utility Superintendent — Nothing. 15. UPCOMING MEETINGS & TRAINING a. January 9, 2013 — Administration Committee — 11:00 AM b. January 9, 2013 — LMCD — 7:00 PM c. January 9, 2013 — Planning Commission — 7:00 PM — Reinhardt said this meeting has been canceled due to lack of agenda items. d. January 15, 2013 — LMCC — 5:00 PM e. January 21, 2013 — City Council — 7:30 PM 16. UNFINISHED BUSINESS — None. 17. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Reinhardt asked about the Sensus check. She said it's support for software related to hand held and radio read meters. Tolsma said this is the second or third year that this is for technical support for the wireless and handheld devices. • Reinhardt thinks the amount is high and more investigation needs to be done. Hughes asked if it's a one time or an annual fee. Tolsma said this is an annual fee. Williamson suggests that line item be removed from the claims for now. Williamson makes a 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 motion to approve for payment minus the item for Sensus USA. Bren seconds. All votes ayes, motion carries. 18. MISCELLANEOUS (Information Only) a. December Fire Report b. Street Light Project Engineering Proposal • c. Proposed Open Book Meeting Date — Williamson would like to see the times be 6 — 7:30 p.m. He wonders if it conflicts with the PC and Tolsma said they are just looking for approval. d. Compliance Checks e. Moonlight Trail Night Sponsorship Request — Reinhardt explained the event and Bren added there is a bus that will be provided. Reinhardt makes a motion to support the Moonlight Trail Walk but not the bonfire. Hughes seconds. All votes ayes, motion passes. Williamson wonders about being sworn in as the HRA and it's decided to do more research on whether this should be an action that needs to be taken. Hughes said he was at Pres Homes and has spoken to Rob Lahammer and feels the decrease in false alarm calls have been greatly reduced. 19.ADJOURNMENT - Williamson makes a motion and Hughes seconds to adjourn the meeting at 9 p.m. All votes ayes, motion carries. • Dan Tolsma, Administrator • Wendy Lewin, City Clerk 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 NG PARK On Lake Minnetonka CITY OF SPRING PARK CITY COUNCIL AGENDA JANUARY 22, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. OATH OF OFFICE a. Doug Sippel 3. ROLL CALL 4. INTRODUCTIONS 5. PLEDGE OF ALLEGIANCE 6. ADOPT AGENDA 7. ADOPT CONSENT AGENDA a. City Council Meeting Minutes from January 7, 2013 b. Administration Committee Minutes from January 9, 2013 8. PUBLIC FORUM 9. PRESENTATIONS AND & GUEST SPEAKERS 10. PETITIONS, REQUESTS & APPLICATIONS 11.ORDINANCES & RESOLUTIONS a. Resolution 13-03: 2013 Appointments b. Resolution 13-09: Accepting Resignation, Declaring Vacancy, and Appointing New Member •12. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 13. UPCOMING MEETINGS & TRAINING a. January 23, 2013 — LMCD — 7:00 PM b. January 28, 2013 — Work Session 7:00 PM c. February 4, 2013 — City Council — 7:30 PM d. February 13, 2013 — Administration Committee — 11:00 PM e. February 13, 2013 — Planning Commission — 7:00 PM f. February 13, 2013 — LMCD — 7:00 PM 14. UNFINISHED BUSINESS 15. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 16. MISCELLANEOUS (Information Only) a. Most Recent Gillespie Center Financial Report 17. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL MINUTES JANUARY 22, 2013 — 7:30 PM SPRING PARK CITY HALL On Lake 14innetonka � X. 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. OATH OF OFFICE - (Mayor Reinhardt moves this item to item 11.) a. Doug Sippel 3. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt 4. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin and Attorney Beck. 5. PLEDGE OF ALLEGIANCE - 6. ADOPT AGENDA — Williamson makes a motion and Bren seconds to adopt the agenda. All votes ayes, motion carries. 7. ADOPT CONSENT AGENDA - Hughes makes a motion and Williamson seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Meeting Minutes from January 7, 2013 b. Administration Committee Minutes from January 9, 2013 8. PUBLIC FORUM — No one. 9. PRESENTATIONS AND & GUEST SPEAKERS - None. 10. PETITIONS, REQUESTS & APPLICATIONS - None. 11.ORDINANCES & RESOLUTIONS — Reinhardt said item 2. has been moved in order to accept • Stone's resignation and appointing Sippel, then the oath of office will be administered. a. Resolution 13-09: Accepting Resignation, Declaring Vacancy, and Appointing New Member — Reinhardt said this is the first resolution approved. Reinhardt said the council advertised for applicants, it was in The Laker, the website posted the vacancy. She said the city had one applicant, Sippel. Williamson moves adoption appointing Sippel and accepting the foregoing processes leading to that. Hughes seconds, all votes ayes, motion carries. OATH OF OFFICE - Administered to Doug Sippel. b. Resolution 13-03: 2013 Appointments — Hughes makes a motion and Sippel seconds to adopt Resolution 13-03. Sippel asked why there isn't a utilities commission. He wonders about lighting, water items and who addresses those. Reinhardt said these items typically come in front of the administration committee. Hughes said a lot of the background work takes place at the study session. Reinhardt said it's something to keep in mind. All votes ayes, motion carries. 12. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — Reinhardt said there is a group of 7th grade students who participated in a future cities competition. She said the team from Grandview Middle School won the state competition and moves on to Washington D.C. The winning team was comprised of Brandon Ung, Maddie Bacon, Jessy Cai, Megan Heins. Reinhardt said she will be accompanying the group to D.0 as their advisor. • Williamson said the LMCC is still in meetings on the franchise renewal process. Reinhardt said the cable commission invited the local mayors for an update on the • ongoing process. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 • Hughes said the LMCD is asking the mayors and administrators to weigh-in on the bow fishing and they are looking for responses by March Vt. Williamson asked if every city has one representative and wonders does every city cast one vote. Hughes confirmed one representative and one vote per city. b. City Administrator — Nothing. Tolsma said he thinks the work session will be lengthy • due to street lighting discussion. c. City Engineer — Nothing. d. City Attorney — Nothing. e. Utility Superintendent — Tolsma said they are happy the extreme cold has not caused any problems, so far. 13. UPCOMING MEETINGS & TRAINING a. January 23, 2013 — LMCD — 7:00 PM b. January 28, 2013 — Work Session 7:00 PM c. February 4, 2013 — City Council — 7:30 PM d. February 13, 2013 — Administration Committee — 11:00 RM AM e. February 13, 2013 — Planning Commission — 7:00 PM f. February 13, 2013 — LMCD — 7:00 PM 14. UNFINISHED BUSINESS 15. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Williamson asked about booking charges from Hennepin County and Orono Police. Hughes asked about how the city is charged in terms of a violation occurring in one city but the stop not happening until they've gone into another city. Reinhardt said they will bring these questions to the next police advisory meeting. Williamson makes a motion and Bren seconds to approve the claims. All votes ayes, motion carries. 16. MISCELLANEOUS (Information Only) a. Most Recent Gillespie Center Financial Report — Reinhardt said the report has been received and council is encouraged to consult with staff if there are questions. *Williamson asked about the temporary signage at the Marina Shopping and wondered if they applied for a sign permit. Lewin said they did apply and it is due to expire at the end of this week. 0 17.ADJOURNMENT - Williamson makes a motion and Hughes seconds to adjourn at 8:24 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK WORK SESSION AGENDA JANUARY 28, 2013 — 7.00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka C] E 1. STREET LIGHTS 7:00 — 8:15 a. The attached presentation will be discussed along with any other issues that come up relating to the street light project. Paul Pearson, Stuart Stephens, Jerry Strand, and DJ Goman will all be in attendance to answer any question the council may have. 2. BOWFISHING AND AQUATIC INVASIVE SPECIES UPDATE 8:15 — 8:30 a. Included is a letter from the LMCD regarding bowfishing. LMCD representative Gary Hughes will update the council on the topics of bowfishing and aquatic invasive species. 3. INFORMATIONAL DOCUMENTS 4. MISCELLANEOUS 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK WORK SESSION MINUTES JANUARY 28, 2013 — 7:00 PM SPRING PARK CITY HALL On Lake Minnetonka 1. STREET LIGHTS 7:00 — 8:15 a. The attached presentation will be discussed along with any other issues that come up relating to the street light project. Paul Pearson, Stuart Stephens, Jerry Strand, and DJ Goman will all be in attendance to answer any question the council may have. Reinhardt introduced the staff and guests to each other. Dan Tolsma, Shirley Bren, Gary Hughes, Sarah Reinhardt, Bruce Williamson, Doug Sippel, DJ Goman, Paul Pearson, Nancy Beck, Jerry Strand of Luma Sales Associates, Stuart Stephens of Barr Engineering. Reinhardt said the goal is to get questions answered and make sure everything has been covered. She said Tolsma has a presentation to the council. • Tolsma fields multiple questions regarding the comparison slide with high pressure sodium (HPS) and LED lighting. The Council is impressed with the light disbursement and lack of shadows and dark spots offered with LED. • Timeline for the project is discussed. • Tolsma said the current poles are 35 feet and the proposed poles will be 25 feet putting them below tree canopies. • Sippel asks about the life expectancy between LED and HPS. Strand said HPS is about 20, 000 hours and LED's are approximately 100,000 hours. He explains lamp life is the point in time when 50% burn out. He said LED is solid state circuitry and holds up well to vibration. He said MN has a climate conducive to LED lighting because they function well in cold. • Williamson wonders about physical battering, such as high winds. Williamson wonders about guarantee or an adequate replacement supply. Goman said there is a two year warranty. Strand said the fixture is guaranteed for five years and the poles for 25 years. • Sippel asked about installation costs on the sample poles presented. Reinhardt questioned the wreath bracket and whether they accommodate other wreath designs. Goman said future decorations would accommodate the bracket. Williamson questioned bracket placement in order to have enough clearance. Bren asked about future potential for hanging flower baskets and wondered if that had been considered. Strand said the poles can be drilled to accommodate future irrigation for a relatively small cost. • Tolsma said the lights would have to be metered due to the switch from Xcel Energy. Discussion held about the intersection lighting with traffic signal and it seems to be the overall consensus that the light poles need to be replaced in order to be light consistent throughout. • Tolsma said there is going to be an assumption that 30% of the foundations need to be replaced. He said there are a couple of different options for foundations. Williamson questions the 30%. He believes it should be more, something like 40%. Beck said the contract has to be clear that the city makes the decision on the foundation replacement or not. Sippel thinks the bid should spell out the type of foundation the contractor uses. •Discussion held regarding over -the -road banner. Some feel it might hold up the light pole project. Reinhardt believes it is an important component and feels if it is taken out of the project it won't ever happen. She feels it's nice for the city to feel like it is part of the lake community and school 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 district. Beck believes this should be included as an option in the bidding process and this allows the council more time to investigate the process. Three location options are decided and the county will be approached about the feasibility. • Sippel wonders about warranty on what has failed and that is the bolts. Goman said what is failing is from the concrete up. He said they're called a J bolt and they're failing because of corrosion and vibration. Sippel thinks the hardware needs to be replaced. Discussion held regarding the benefit of replacing all foundations versus trying to salvage questionable foundations. 2. BOWFISHING AND AQUATIC INVASIVE SPECIES UPDATE 8:15 — 8:30 a. Included is a letter from the LMCD regarding bowfishing. LMCD representative Gary Hughes will update the council on the topics of bowfishing and aquatic invasive species. Hughes said he assisted Greg Nybeck of the LMCD in drafting the letter. He said this has been ongoing for two years. He said the city ordinance states a bow cannot be fired in the city. He said some cities have amended their ordinance to reflect no shooting within 50 feet of the shoreline. Hughes said this letter will be presented to all city councils. He said once the LMCD were to adopt an ordinance, they want cities to amend their ordinances to reflect that same language. Reinhardt said she believes the council's first option is to prohibit, second choice being more restrictive and third choice is to continue as is. Williamson said he feels this should be prohibited in its entirety because it's no different than hunting in a park and Lake Minnetonka can be considered to be a public park. Williamson thinks this is preposterous in its entirety and wonders why so much time has been spent on this. Bren said bow fishing can involve bright lights and loud generators to power the lights. Sippel feels the letter drafted by the city should stress this should be adopted lake wide and not just jurisdictional. t ghes said he has a summary of the chemical and harvesting treatment for milfoil and curly pond ed. He said things to consider are who manages this. He said if this was adopted, the costs for the increase in the budget for the chemical will increase city costs. Hughes said another cost to cities would be harvester replacement. Hughes would like to accept the document for the research and data but not put forward a plan for the budget. Williamson thinks it should be supported because chemicals can benefit the entire lake and chemicals free up the harvesters to work in other areas. Hughes also wonders why the 14 cities associated with Lake Minnetonka get solely charged. Williamson said there have been measured results and there is a learning curve. He thinks the city's contribution compared to the amount of Lakeshore is important and it should be supported. 3. INFORMATIONAL DOCUMENTS 4. MISCELLANEOUS —Reinhardt said Westonka Community Education sponsors summer Music in the Park at the Surfside Park in Mound. She said the monies used to pay have typically been through grants. She said the grant was not received this year. They are looking for a contribution of $200. Beck said community events are probably okay but she can dig a little deeper. Williamson questions if this would be an allowable use of city funds. Adjourn at 9:25 p.m • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 NG PARK On Lake Winnetonka CITY OF SPRING PARK CITY COUNCIL AGENDA FEBRUARY 4, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from January 22, 2013 b. City Council Work Session Minutes from January 28, 2013 7. PUBLIC FORUM 8. PRESENTATIONS AND & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Resolution 13-10: Support for WeCAN Continuation of CDBG 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council i. Music In The Park Contribution b. City Administrator • i. Street Light Replacement Project ii. Liability Coverage Waiver • c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. February 13, 2013 — Administration Committee — 11:00 AM b. February 13, 2013 — Planning Commission — 7:00 PM Funding c. February 13, 2013 — LMCD — 7:00 PM d. February 14, 2013 —Spring Park Police Commission — 10:00 AM e. February 18, 2013 — City Council — 7:30 PM (TBD) f. February 19, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. Emerald Ash Borer Symposium Brochure b. WeCAN 2012 Statistics 16. ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 r CITY OF SPRING PARK CITY COUNCIL MINUTES FEBRUARY 4, 2013 — 7.30 PM SPRING PARK SPRING PARK CITY HALL On Lake .Minnetonka 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Engineer Pearson, Attorney Beck and Jan Callison the County Commissioner assigned to Spring Park. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Reinhardt said a revised agenda has been submitted. Hughes makes a motion and Williamson seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Williamson makes a motion and Hughes seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from January 22, 2013 b. City Council Work Session Minutes from January 28, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS 9. County Commissioner Jan Callison — Callison explained the districts changed due to .redistricting and she is our new representative replacing Jeff Johnson and she is here to introduce herself. She said there are 16 cities in this district. Callision said she has served for four years. She said she is a past mayor of the City of Minnetonka for three years and a previous council person as well as a resident. Callison is the vice chair of the Hennepin County Board and chair of the budget and investment committee. She said she is pleased to represent Spring Park. Reinhardt thanks Callison and the Mayors' forums that Callison has put together. Callison said she will also come in the fall around budget time. Williamson thanks Callison for coming to the meeting and he hopes to hear from Callison regarding the issues, especially in the beginning stages. He knows of some funding issues forthcoming that will impact our city. Callison does a monthly newsletter and she would be happy to provide it. She hopes the city invites her to meetings that would be beneficial. Hughes asked how she stays connected and Callison explained how she reaches out. Callison said she has three watershed districts. Reinhardt asked about the recent water management meeting. Callison said it's very complicated due to the watersheds and taxing authorities She said there is skepticism right now. She said it's a Hennepin bill only and doesn't include Carver County. 10. PETITIONS, REQUESTS & APPLICATIONS 11.ORDINANCES & RESOLUTIONS a. Resolution 13-10: Support for WeCAN Continuation of CDBG Funding — Williamson moves adoption. Sippel seconds. Reinhardt asked if there are any questions. Reinhardt said this is not money that comes from Spring Park but they are looking for support for this block grant. All votes ayes, motion carries. 12. REPORTS OF OFFICERS & COMMITTEES • a. Mayor and Council - i. Music In The Park Contribution. Reinhardt said there is a memo in the packet from Beck and she wonders if there are any questions. Williamson said he raised the question about requests for contributions. He said when using public tax dollars it is 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 necessary to make sure it is a community event and everybody benefits and it's not exclusive. He said he is satisfied that this request meets the criteria. He thinks a policy or checklist of guidelines of criteria be developed to aid staff in fielding some of these • requests. Willilamson makes a motion approving the music in the park for $200 and Hughes seconds. All votes ayes, motion carries. Reinhardt said a grant has been applied for and the results are yet unknown. She said this contribution may not be called for if the grant comes through. Reinhardt said a meeting occurred at city hall regarding Tour de Cure for diabetes. She said the result of the meeting is they are going to alter their route and by-pass Mtka Beach and Spring Park. They will get on the trail in Mound. Hughes said the LMCD met and there were several guests in attendance. Hughes said Eric Waage, Director of HC Emergency Management was a presenter. Statistics were presented regarding weather related incidents on the lake. Waage is interested in some sort of standardized warning system for lake users. A mobile app was also discussed that would issue a tone and warning message. Hughes said there was a message regarding ice related accidents and how to better mark or warn those on the lake of unsafe conditions. Hughes said all city councils are discussing bow fishing and they expect a decision in March. Bren said she would like to thank the city for the opportunity to go to new council member training. She said charitable contributions were discussed so it was relevant. She said it was educational and informative. She enjoyed meeting many mayors and council representatives. b. City Administrator i. Street Light Replacement Project — Tolsma said he or Pearson can answer any questions regarding the bid form or various memos. Engineer Pearson said the bid schedule, if the city authorizes to proceed, are plans to publish in The Laker this week and also in a trade journal on February 6th. He said bids will be tabulated on February 26th and then circulated at the March 4th council meeting. Williamson said he thinks it sounds tight. He's worried about some contractors not seeing it. He also thinks the Internet should be used. Pearson explained this is an online access. Pearson also said contractors would be contacted who typically bid on these projects. He said an invitation or an awareness will be extended. Pearson said 21 days for bidding is typical and this project adds up to 20 days. They feel it's adequate time to analyze the bid. Tolsma said contractors are aware that this is a typical time for bids. He said contractors are on the look -out for projects. Williamson wondered how many bids they expect to receive. Williamson remembers an Orono project a couple of years ago where there was only one bid and he is skeptical about contractors "stacking the deck" so to speak. Reinhardt said there has been a time and discussion devoted to this project. Sippel asked about some of the numbering on the drawings. Tolsma and Pearson said the numbers correspond to tags on the actual existing poles. Hughes makes a motion to proceed to obtain bids. Sippel seconds. All votes ayes, motion carries. ii. Liability Coverage Waiver — Tolsma said cities have to elect whether they waive tort limits. He said cities usually don't waive them. He said some cities have their own • coverage so they waive it and cover it themselves. Williamson moves to adopt the liability cover waiver form to do not waive monetary limits item. Hughes seconds. Williamson said this keeps the city's insurance limits stable and is unnecessary coverage for a city like Spring Park. All votes ayes, motion carries. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 c. City Engineer - nothing further. d. City Attorney - nothing. e. Utility Superintendent - nothing *13. UPCOMING MEETINGS & TRAINING a. February 13, 2013 — Administration Committee — 11:00 AM — Reinhardt noted Tolsma will be out-of-town. Reinhardt suggests perhaps not meeting again until March unless something pressing comes up. Williamson said there has to be discussion about whether there will be a second council meeting in February or to cancel. Williamson said February 251h is a normal workshop and perfunctory city business could be performed at that meeting, if needed. Reinhardt agrees that the February 25th study session be held. She said if it's necessary, then an Admin meeting could be held but could also be discussed at the study session. Williamson suggests the study session be added to the list of meetings and the Admin can be held then or after, if necessary. b. February 13, 2013 — Planning Commission — 7:00 PM c. February 13, 2013 — LMCD — 7:00 PM d. February 14, 2013 — Spring Park Police Commission — 10,00 AM — Hughes asks if this could be published as a meeting so he could attend. Reinhardt wonders about a West Metro Task Force meeting. After further discussion Hughes said to disregard, he will speak privately to the chief instead. e. February 4$ 19, 2013 — City Council — 7:30 PM (TBD) Tolsma makes the correction that the date is really February 19th due to the 18th being a holiday. Hughes makes a motion to cancel the meeting on February 19th and Sippel seconds. All votes ayes, motion carries. f. February 19, 2013 — LMCC — 5:00 PM 14. UNFINISHED BUSINESS �15. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Williamson makes a motion to pay the claims and Bren seconds. Sippel asked about the televising of the sanitary sewer and wondered if this is a routine filming. Williamson explained it's a component that metro waste looks at to prevent infiltration and cracks. Tolsma said the city is eligible for special coverage because the city takes the extra steps to check the pipes on a rotating basis. All votes ayes, motion carries. 16. MISCELLANEOUS (Information Only) a. Emerald Ash Borer Symposium Brochure — Tolsma said he attended this symposium last fall. He said this has been extended to the planning commissioners. He said the downside is it's during the day. Tolsma said in the news this past week there has been discovery of infestation further west, closer to Spring Park. b. WeCAN 2012 Statistics 17.ADJOURNMENT — Williamson makes a motion and Hughes seconds to adjourn at 8:28 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 , !7;AjVRW-.-j--. On Lake Yin CITY OF SPRING PARK WORK SESSION AGENDA FEBRUARY 25, 2013 — 7.00 PM SPRING PARK CITY HALL LORD FLETCHER'S LIVE MUSIC PERMIT 7:00 — 7:20 a. Included for review is the 2013 permit application from Lord Fletcher's for live music. Additionally, I have included the approved conditions from 2012, along with the complaints received by the Orono Police Department last summer and the results from the independent sound test the city had conducted last August. Tom Emer will possibly be in attendance to answer any questions from the council regarding their plans for live music this summer. Chief Farniok has also been invited, although it is not certain whether or not he will be able to attend yet. Both police and fire have been asked to provide feedback regarding the application. If any is received by Monday it will be presented to the council at that time. It is my assumption that the council will take action on the permit at one of the regular meetings in March after all feedback has been received and the council has had a chance to have all of their questions answered. 2. LMCC RESOLUTION OF SUPPORT 7:20 — 7:30 (Action may be taken) a. Included is a letter and resolution of support from the LMCC. If there are any questions that Councilmember Williamson (Spring Park's LMCC representative) can't answer for 40 the council staff can request more information from the LMCC after Monday night's meeting. The council could take action of this item on Monday night if they desired or it can be on the agenda for March 4tn 3. PLANNING COMMISSION APPLICANT 7:30 — 7:45 a. Included for review is a planning commission application from Pete Kaczanowski. The tentative plan is to have Pete come to the council meeting on March 4tn to participate in a brief interview with the council at 7:00 p.m., before the regular meeting starts at 7:30. 4. WATER TREATMENT 7:45 — 8:00 a. In December 2012 the Minnesota Department of Health (MDH) notified city staff of a potential amendment to the standards governing municipal water contaminants. The MDH also informed staff that depending on how the new regulations were written the city may need to address any contaminants that exceed the new standards. Since that time the city has not been notified of any changes being made to the standards and no further follow up inspections have been performed by the MDH. The council may simply wish to await further notice from the MDH regarding water contaminants or seek to proactively conduct some independent water sampling to get baseline information for the current quality of the city's water. 5. INFORMATIONAL DOCUMENTS • a. Bills & Payroll (Action Needed) b. MWCD Cost Share Grants Information 6. MISCELLANEOUS 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 I - corrected CITY OF SPRING PARK WORK SESSION MINUTES FEBRUARY 25, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka Attendance: Reinhardt, Williamson, Hughes, Bren, Sippel, Engineer Pearson, Orono Police Deputy Chief Chris Fischer, Tom Emer and Peter Peyrl of Lord Fletcher's Old Lake Lodge. 1. LORD FLETCHER'S LIVE MUSIC PERMIT 7:00 — 7:20 Included for review is the 2013 permit application from Lord Fletcher's for live music. Additionally, I have included the approved conditions from 2012, along with the complaints received by the Orono Police Department last summer and the results from the independent sound test the city had conducted last August. Tom Emer will possibly be in attendance to answer any questions from the council regarding their plans for live music this summer. Chief Farniok has also been invited, although it is not certain whether or not he will be able to attend yet. Both police and fire have been asked to provide feedback regarding the application. If any is received by Monday it will be presented to the council at that time. It is my assumption that the council will take action on the permit at one of the regular meetings in March after all feedback has been received and the council has had a chance to have all of their questions •answered. Mayor Reinhardt introduced the council to Lord Fletcher's staff. Emer said they aren't proposing any changes from last year. He said they still have the barrier fence, the drum shield and the noise meters on location. Emer said A&T Productions is the manager of the live music productions. Fischer wants Fletcher's to know that their business is important to them and he wants to remain in close contact as the season progresses. Fischer wondered if any of the conditions from last year would be changed. Tolsma said monitoring the island could be crossed off. Sippel asked about the complainant(s). It was confirmed that complaints from last year were from the same person. Williamson said resolving this issue has come a long way. Reinhardt agreed and her only concern is the Oak on the Water and wondered if it should be permitted separately due to the parking and congestion demand. She suggests those dates be identified separately and separately permitted. Fischer said there have been other complaints but most of the time people recognize this is part of lake living and tolerance is found. Reinhardt said a city -hired and paid sound technician found no violations. Initiative, responsiveness and expense has been extreme on the part of the city, according to Williamson. Hughes wondered if there has been any monitoring of boats playing loud music. Fischer said it's been noted but nothing official. Peyrl asked how they should proceed if they receive a phone call regarding a complaint. Peyrl said typically callers are told to call the police in order to log the complaint. Fischer agreed for them to continue directing callers to call police. Williamson wondered if the neighborhood meetings still continue and Emer confirmed they are still held twice a year. 2. LMCC RESOLUTION OF SUPPORT 7:20 — 7:30 (Action may be taken) • a. Included is a letter and resolution of support from the LMCC. If there are any questions that Councilmember Williamson (Spring Park's LMCC representative) can't answer for the council staff can request more information from the LMCC after Monday night's meeting. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 - corrected The council could take action of this item on Monday night if they desired or it can be on the agenda for March 4tn • Reinhardt explained they are in negotiations with Mediacom and referred to Williamson, the city's representative. Williamson said there is some concern over the Mediacom's area of service. As a result, he said the city of Medina is underserved and is contemplating getting out. Williamson said at this time high speed internet is actually more requested but, in order to get it, cable t. v. is required. Williamson said Medina has contacted Orono and Victoria to see if they are interested in hiring an attorney to get some answers. Williamson said the resolution probably isn't necessary because negotiations are required per the ioint powers agreement. Reinhardt thinks it makes sense to affirm the LMCC. Reinhardt wondered what would happen if Orono or Medina leaves. Williamson thinks the LMCC wants to keep them so they would try to find something that works. He thinks they would draw the line on subsidy however. Reinhardt requests this be put on the March 4th agenda. 3. PLANNING COMMISSION APPLICANT 7.30 — 7:45 Included for review is a planning commission application from Pete Kaczanowski. The tentative plan is to have Pete come to the council meeting on March 4t" to participate in a brief interview with the council at 7:00 p.m., before the regular meeting starts at 7:30. Reinhardt reminded the council that Kaczanowski's son came to the city a few years ago requesting a review of the basketball court at Thor Thompson Park. She said this started the grant process and ultimately the new basketball court. Reinhardt said she thinks 7:15, right before the council meeting, would work for the interview. Williamson asked about former council candidate Elgah Trask's efforts for the PC seat. Reinhardt said there was some miscommunication about keeping her in the process and Trask missed the notifications about •applying for the position. Reinhardt said if the interview goes well, the appointment should take place at the council meeting so Kacznowski can attend the March meeting. 4. WATER TREATMENT 7:45 — 8:00 In December 2012 the Minnesota Department of Health (MDH) notified city staff of a potential amendment to the standards governing municipal water contaminants. The MDH also informed staff that depending on how the new regulations were written the city may need to address any contaminants that exceed the new standards. Since that time the city has not been notified of any changes being made to the standards and no further follow up inspections have been performed by the MDH. The council may simply wish to await further notice from the MDH regarding water contaminants or seek to proactively conduct some independent water sampling to get baseline information for the current quality of the city's water. Tolsma said an employee stops regularly and performs an inspection. He said the city was notified that the state is looking at amending regulations for contaminants in drinking water. Tolsma said TCE is being investigated. He said currently the levels are well under the requirements but that could change if the levels are changed. Tolsma said if the state makes the standards more stringent, there should be adequate time to fulfill the requirements. Sippel wondered if the city already does water sampling. Tolsma said yes, periodic testing is required. Tolsma said there are three wells and it's not required to test each well but the thought is to have samples from all three wells and have them tested independently to establish a base line. Reinhardt likes the idea of sampling the individual wells. She said she is concerned about Spring Park being put on a list and it would be nice to be able to say we are •aware of this and have taken steps to be ready. Sippel thinks the testing should be done once the costs are determined to be in line. Hughes thinks it might also be nice to determine the level of the aquifers due to the recent article about water levels being critical. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 3 - corrected 5. INFORMATIONAL DOCUMENTS a. Bills & Payroll (Action Needed) — Williamson makes a motion and Hughes seconds to pay the bills. Sippel asked about the SAC charges and wonders about this. Sac determination is explained and this was a pass through. The SAC charges have been paid by Tonka Ventures. All votes ayes, motion carries. b. MWCD Cost Share Grants Information — Reinhardt said she believes this is intended for lake accesses that are monitored and not applicable to the city's access off of Sunset. Bren wondered if the DNR takes care of Spring Park Bay's access. Sippel said Spring Park Bay and North Arm launch is Hennepin County. 6. MISCELLANEOUS — Reinhardt said she met with the Westonka Historical Society and discussed the proposed new space at the old Mound City Hall. She said there may be some upcoming request for funding from the cities they serve. Spring Park, Mound, Minnetrista and Navarre are the four cities that could be requested. She said she thought she'd mention this for now and they won't be requesting yet but it could probably be forthcoming. Reinhardt believes from previous research this would be an allowable expense but more information is needed. Williamson said this has been presented to the Mound City Council when considering what to do with the old city hall. Reinhardt said she spoke with former council member Jackie Stone. Stone is at home and in good spirits Reinhardt reports. Hughes said a document was written in September 2012 stating the city's preference regarding bow fishing. He said the city's preference has been clear that a complete ban of •bow fishing is what Spring Park is requesting and believes that should be conveyed to the LMCD. Hughes said he thinks there should be no other options other than a complete ban. Hughes also said there has been discussion about independent poles displaying banners for announcement purposes. Hughes said he has discussed a dynamic sign with the Water Patrol in order to post warnings, city and school announcements, etc. Hughes believes there might be some progress in this regard as a partnership with the city and the Water Patrol. Williamson thinks of dynamic signage as being a big t. v. Reinhardt said there are different options to dynamic signs. It can be graphics and lettering. Engineer Pearson said the bids are due at 11 a.m. tomorrow. Eight contractors have received plans and nothing has been received yet but they typically come in at the last minute. Adjourn: 8:40 p.m. • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 X PRING PARK On Lake 9d innetonka 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA CITY OF SPRING PARK CITY COUNCIL AGENDA MARCH 4, 2013 — 7:30 PM SPRING PARK CITY HALL 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from February 4, 2013 b. City Council Work Session Minutes from February 25, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS a. Linder's Temporary Greenhouse Permit b. Lord Fletcher's Live Music Permit 10.ORDINANCES & RESOLUTIONS a. Resolution 13-11: Awarding Bid for Street Light Improvement Project b. Resolution 13-12: LMCC Resolution of Support c. Resolution 13-13: Amending Resolution for Appointments — Planning Commission • 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. March 13, 2013 — Administration Committee — 11:00 AM b. March 13, 2013 — Planning Commission — 7:00 PM c. March 13, 2013 — LMCD — 7:00 PM d. March 18, 2013 — City Council — 7:30 PM e. March 19, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. Westonka Public Schools Update b. January 2013 Fire Report 16.ADJOURNMENT L-7 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake .Minnetonka CITY OF SPRING PARK CITY COUNCIL MINUTES MARCH 4, 2013 — 7.30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Attorney Beck, Engineer Pearson, Jerry Strand from MillerBernd. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Williamson has changes to item b. Williamson moves to amend the minutes from the work session and refers to the corrections. Bren seconds, all votes ayes, motion carries. a. City Council Regular Meeting Minutes from February 4, 2013 b. City Council Work Session Minutes from February 25, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS — No one. 09. PETITIONS, REQUESTS & APPLICATIONS a. Linder's Temporary Greenhouse Permit - Reinhardt said this is an annual request for Linder's Flower Mart for a temporary greenhouse and CUP permit. Tolsma confirms there are no changes from last year. Sippel moves adoption and Williamson seconds. All votes ayes, motion carries. b. Lord Fletcher's Live Music Permit — Reinhardt said this was reviewed at the study session with two Lord Fletcher's employees in attendance. She said it's the same as last year except for monitoring from the island. Tolsma said Fire Chief Pederson noted there will be an inspection performed this year. Police Chief Farniok requested in his approval that the last condition regarding neighborhood meetings be expanded to include Orono residents affected. Williamson said he wonders what is meant by neighborhood. Hughes wonders if a 350' radius could be used. Williamson thinks it should be extended to 1000 feet. Reinhardt said a formal measurement might be concerning. She doesn't like to pull a number out of the air. Reinhardt said this has been something that has been ongoing as a neighborhood good -will gesture, long before music permits ever started. She agrees it might be nice to extend it to Fagerness Point but she doesn't feel prepared to define a specific area. Hughes thinks it might be necessary to refer this to employee Tom Emer and have him define the area. Williamson thinks this should be laid over and he makes a motion to lay this over until the next regular meeting to focus on neighborhood definition. Motion dies for lack of a second. Hughes suggests not to change the conditions but to ask Emer to include the Orono residents. Reinhardt asks for a motion to adopt and Sippel moves adoption of the Live Music Permit and to include neighboring affected Orono residents in the twice yearly meetings. Hughes seconds. All votes ayes, motion carries. 10.ORDINANCES & RESOLUTIONS Resolution 13-11: Awarding Bid for Street Light Improvement Project — Reinhardt said there is a new copy placed in front of the council. She said much work has been done on this. She 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 asked Tolsma for an overview. Tolsma said a deadine for bids was last week. He said three bids were received at 11 a.m., the deadline, and one received at 11:01. He said the bids were is relatively close. Tolsma said the proposals were being reviewed by the engineer when the low bidder called to state there was an error in their pricing. A unit price for each light pole was underbid by $1,000. The late bid was opened and tabulated and they were the highest bidder on all options. Tolsma said he's open for questions. Tolsma's recommendation is all options are on the table, nothing has really changed and it shouldn't determine the decision. Hughes asked how to proceed. He said he's in favor of eliminating the banner poles and wonders if it should be done by a motion. Reinhardt said she did speak with the Westonka school superintendent and they are a group interested in the banner. She said the take is the over - the -road banner feeds into the image of the small town atmosphere. She did inform the superintendent about the potential for a dynamic sign instead. She said he was agreeable to that but hopes the banner system doesn't die until they've had a chance to explore it further. Hughes said sometime in the future is always an option. He said for tonight, he feels it should be dropped. Sippel is concerned about easements for the banner poles and he likes the idea of partnering with others to explore the dynamic sign idea. Reinhardt asked about bid prices for banner poles and Tolsma said as a stand alone project it would be about $15,000. Sippel asked about exploring Hennepin County's involvement for a dynamic sign and Tolsma said some information has been received about location and setbacks. The other option was control panels Tolsma said. He said the control panels are adequate for the lights being installed and may be for a while into the future. Tolsma said price savings was the reason for bidding the control panels at this time. Tolsma said they work today and could feasibly work 10-15 years in the future. Tolsma • said two control panels are elevated and need a ladder to access. Tolsma said Goman prefers the control panels to be at ground level for maintenance. Pearson said he thinks they are about eight feet from the ground judging from the photos. Reinhardt thinks this is a major project and it should be done right now. Sippel asked if that includes enclosures or just hardware. Tolsma said it will include a new enclosure. Tolsma said one of them won't be done. He said three total, two are elevated and going to be put on a pad and one is ground level but going to also be put on a pad. Williamson asked about securing easements from adjoining property owners. Tolsma said research hasn't been done on the easements already in place and whether the current easements would work. Williamson asked if they are relocated, will that affect the wiring. Pearson said with the control panels there is wiring included in the specifications and plan so the bids include this. Williamson is wondering if this would include additional wiring. He said he's looking for the unexpected. Pearson said if there is something not in the plan, it will have to be addressed but, he doesn't expect anything. Williamson said he is concerned about this as it was discussed at the beginning of the project. Hughes said there is money being spent on the high pole wiring. He said there is the potential of wiring needing to be replaced. Williamson is concerned about replacing the control panels and if that would trigger new wiring which adds to the costs. Reinhardt said the best they can do is to anticipate and she doesn't believe control panels should be removed in fear of new wiring. Sippel has a question about pad mounted service panels and how it was worded. Reinhardt asked for more comments about control panels. She also asked about options 1,2 and 3. • Hughes asked about the number of bases being placed. He said in number one, he thought 50% were going to be assumed needed replacement. Pearson said they requested the foundations be specified with the bids. Granite Ledge is proposing poured concrete. Hughes 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 wondered about the actual number to be replaced. Pearson said a 30% number was discussed but it was increased to 40%. Hughes said the total cost is about $1700. Hughes • questions if all of them should be done. Williamson believes in if it isn't broke, don't fixit. He said the money has to come from somewhere and that needs to be considered. He said he doesn't want to run the price up on this. He prefers to do as needed, not what is appealing. Sippel would leave it up to the superintendent's discretion. Bren said when spending this much money she believes in doing it right the first time and let the contractor weigh in on the decisions. Bren believes the control panels need to be replaced. Reinhardt said for light style option one, two or three, option two and three are close in price and she is in favor of two or three. Hughes said he is in favor of option one. He would rather put the extra money and replace existing lights with LED because of the cost savings. Bren said she never noticed light poles before. She thinks option one is fine with her. Reinhardt said she disagrees because a more decorative light will be up for 25 years. She thinks the residents and businesses will appreciate this. She doesn't think a utilitarian light pole is an attractive option. Sippel thinks the price difference is tough to swallow. Reinhardt said she's not certain the residents are looking for a lighting change. She said the CIP plan hasn't addressed lighting change. She doesn't believe in cheapening this project to do another project. Williamson said the genesis of this project was old lights deteriorated and represented a public hazard. He said the interest should be reliability and safety and makes good economic sense. Williamson said they'd save $100,000 by going with option one and then there is wiggle room with foundations and control panels. Williamson said he is concerned about living with this for 30 years. He said redevelopment will come and there is a quaintness to the community that Spring Park has strived for. Reinhardt said while option two and three • are decorative they are not the high end options. She said they are basic decorative and affordable poles. Reinhardt said there is community pride and a lot of thought and effort has been put into the beautification. Williamson said something to be considered is the LED lighting costs will save money and that might be enough to offset the cost of decorative poles. Hughes said these probably should be handled separately and therefore makes a motion to remove the banner poles from the bid. Sippel seconds. All votes ayes except for Reinhardt votes naye. Reinhardt next asks for a motion to replace the control panels. Hughes moves to replace all three control panels and Bren seconds. All votes ayes, motion carries. Regarding the light style, option one, two or three. Hughes makes a motion for option one and Sippel seconds. Sippel said there is a backlog of projects on the books and he is concerned about spending the money now on light poles. Reinhardt asked about the last financial statement of the city and Tolsma said it's close to four million dollars in all funds, including reserves. Williamson said to keep a perspective it's not dispensable money; he said it's money that is allocated for operating costs. Roll call vote: Sippel, yes; Bren, yes; Hughes, yes; Williamson, yes; Reinhardt no. Motion passes four to one. Sippel asked if a motion is needed to accept the bid. Hughes moves approval of Resolution 13-11 deleting the banner poles, replacing the control panels and choosing option one. Bren seconds. All votes ayes, except for Reinhardt votes no. b. Resolution 13-12: LMCC Resolution of Support — Williamson said eight cities have adopted this resolution and a couple cities have adopted modified resolutions. Williamson moves to adopt Resolution 13-12 and Hughes seconds. Williamson said Orono has not adopted this .resolution. All votes ayes, motion carries. c. Resolution 13-13: Amending Resolution for Appointments — Planning Commission — Reinhardt said an applicant was interviewed for the position. Hughes moves adoption for Kaczanowski's appointment and Bren seconds. All votes ayes, motion carries. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 F �11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — Reinhardt said there is a letter from the City of Orono stating their position on AIS, herbicide treatments and harvesting and they are opposed. Hughes referred to the same letter and he said where it refers to an undetermined agency it's the LMA that is the other party in this. Sippel wants to commend the staff on putting the detailed light pole project together and making a recommendation to the council. Tolsma said MFRA did a lot of work and performed the background of Granite Ledge. b. City Administrator — Nothing. c. City Engineer — Nothing. d. City Attorney — Nothing. e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. March 13, 2013 — Administration Committee — 11:00 AM b. March 13, 2013 — Planning Commission — 7:00 PM c. March 13, 2013 — LMCD — 7:00 PM d. March 18, 2013 — City Council — 7:30 PM — Reinhardt said she will be absent from this meeting so Williamson will be serving as acting mayor. e. March 19, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Reinhardt said the claims were put in front of the council this evening. Sippel moves to pay the bills. Bren seconds. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. Westonka Public Schools Update — Reinhardt said this is an update on the strategic plan and test scores. She said the school superintendent meant to discuss these statistics but was unable to make tonight's meeting. b. January 2013 Fire Report — Hughes said fire calls are going down and rescue calls are going up. The duty officer program will be starting on May 1 St. He said this is shifting of dollars. Hughes talks about their new technology and they'll be able to determine responding officers and the nearest hydrant locations. %ADJOURNMENT — 8:54 p.m. Sippel makes a motion and Bren seconds to adjourn the meeting at 8:54 p.m. All votes ayes, motion carries. • Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK SPECIAL MEETING AGENDA MARCH 11, 2013 — 7.30 PM SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council i. Street Light Options Presentation & Discussion ii. LMCD $75,000 Levy Discussion b. City Administrator • c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. March 13, 2013 — Administration Committee — 11:00 AM b. March 13, 2013 — Planning Commission — 7:00 PM c. March 13, 2013 — LMCD — 7:00 PM d. March 18, 2013 — City Council — 7:30 PM e. March 19, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION 15. MISCELLANEOUS (Information Only) a. Mound Fire Department Press Release 16.ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK SPECIAL MEETING MINUTES MARCH 11, 2013 — 7:30 PM SPRING PARK CITY HALL On Lake 9Linnetonka Attendance: Reinhardt, Hughes, Williamson, Bren, Sippel, Administrator Tolsma, Clerk Lewin, Engineer Pearson and Attorney Beck. 1. CALL TO ORDER — Reinhardt calls the special meeting to order at 7:30 p.m. She said this meeting would be informal in nature. Therefore they will do away with some of the agenda items listed. 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 010.ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES — Reinhardt said this special meeting relates to the previous council meeting on March 4, 2013 wherein the motion was made and seconded for the cobra street light pole (option one) and the vote was four to one in favor. Reinhardt said the next morning council member Williamson notified Reinhardt saying he was unaware that the selected pole was unpainted and he believed other council members were unaware of this as well. Williamson makes a motion to reconsider and Hughes seconds. Williamson said if there is any modification to the light pole selection, a different motion will be called. He said the motion on the floor is to strictly reconsider. All votes ayes, motion carries unanimously. a. Mayor and Council i. Street Light Options Presentation & Discussion — Reinhardt said she has put together a Power Point and she appreciates the council's willingness to indulge the reconsideration. She said paint quotes were requested and received and those numbers are part of the slides for the presentation. Reinhardt had a slides explaining • expected life of street poles • Cost savings between LED and high pressure sodium Maintenance costs for changing out bulbs and saved labor costs are shown Reinhardt said because LED bulbs cost more initially but their useful life is much longer the • decorative pole option is covered by the cost savings. Reinhardt said a decorative element can promote community pride. Reinhardt shows the annual beautification costs in the budget and the five year average has been $49,000. She said decorative lighting is about 5-6% compared to what's spent on beautification. Reinhardt spoke about the Shoreline beautification plan of planting, trimming and performing preventative maintenance on the 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 boulevard trees. Reinhardt said many code changes have been implemented within the commercial district as to how things look. She said metal buildings are now prohibited, • trash enclosures are required, landscape plans requested. Reinhardt discussed the recent Channel Road rain garden beautification upgrade due to continued complaints from residents about the way the original garden was growing. Reinhardt talked about plans implemented to assist Certified Auto with some screening landscaping. She spoke of banners, flags and Christmas decorations and the costs associated. Reinhardt said council pay was recently increased and shows an impact of $3,000 to the annual budget. She said these are just some comparisons to show that beautification is an important element to the community of Spring Park. Reinhardt discussed the comprehensive plan and said it was a document passed unanimously in 2008. It is the steering document for the city. In it, Reinhardt said it talks about what streetscapes can do for a city. She said there has been a lot of discussion about this streetlight project and many months and meetings have gone into this well thought out plan. Hughes said regarding the assumptions from a week ago, he asked if he can assume all the options were the stainless steel and the same material and the only difference from the style was the paint. Williamson said he was happy with almost any of the options but then he wondered what color the lights were going to be. He said it's one thing to look at shape and another to look at color. Reinhardt added that paint on a highway light is still just paint on a highway light. Reinhardt said she doesn't think $2,000 a year is worth shackling businesses with this long-term highway pole design. She said as elected officials they are to be good stewards but it's not always the cheapest option. Williamson said money is spent that is consumable each year for boulevard beautification. He said offsetting the cost • is the electrical savings and also mentions Xcel's current projected price increase of as high as 11 %. He is concerned that electrical costs could continue to increase rapidly. He wonders if the city might not even wish they had done all the street lights. He said the difference to do decorative will be offset by energy savings increasingly over the coming years. Hughes said a fairly consistent approach has been taken with the levy. He said it's remained flat or very minimal. He said the little bit of savings realized through LED in comparison to the entire budget will be consumed by increased gas prices and costs increasing. He said the cost savings might afford to keep the levy at its current flat rate. Hughes likes the idea of option number one being painted and this surprised him. Williamson said he doesn't want to see a raw metal fixture. Sippel said in the beginning he was for the decorative lights. He said this has been helpful. He thinks the decorative lights are a great first impression but it fades fast. He said poles last but the bases don't last. Hughes said from a CIP standpoint he is concerned about the upcoming issue with a public works facility. He said he is in favor of perhaps leasing something first in order to get a feel as to what is necessary and needed. Hughes said the savings from the street lights can be put to good use elsewhere. Reinhardt said there is not one project for $2000 a year that will have a bigger impact than decorative street lights. Reinhardt agrees that initially lights will be noticed right away but will blend in after time. She said there is an ambiance however created with the flowers and streetscape beautification. She said it's not only for the commuters but for visitors who will be seeing it for the first time. Bren is wondering why the comprehensive plan wasn't brought forward sooner as it looks as though this is what is • required. She said a tone for the city is being set and wonders why option one was even included after looking at the comprehensive plan. Reinhardt said her initial choice was much more decorative. Sippel said he agrees that other cities are choosing to go with decorative lighting but, at the same time, he couldn't tell which cities the examples were 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 shown which lends to his belief that it fades from memory, if even noticed. Sippel said he is • concerned about the huge potential for hidden costs. He said if he could be guaranteed that only 14 bases and no more wiring was required, he would be okay with this. Hughes said the height Is going to be reduced by ten feet and as the trees get bigger, the decorative lighting will be covered by the tree canopy. Tolsma said a lot of the ash trees will have to be replaced. He said they are being treated but this is only buying some time due to Emerald Ash Borer. Tolsma said immature trees will have to be replaced so there will be many years of low tree canopies. Reinhardt said she feels so strongly about this decorative lighting that she would be willing to reduce her mayor's pay increase. Reinhardt asked about staff's feelings. Tolsma said the staff believes in the council making good investment decisions and knows they will consider all factors. Paul Pearson speaks about the Maple Grove area and the efforts put towards streetscape design and how it does have a big impact. He said Otsego has done the same thing and it lends an overall feel to a community. Lewin said she believes residents pay a lot of money in taxes to live here and sometimes it's nice to see a visually pleasing investment versus everything going towards roads and infrastructure. Williamsor said if there is an error to be made he prefers making the streetscape more pleasing than the other way. Sippel said he looks at the detail and the city's contribution for Thor Thompson park was about $56K. He said to him there was obvious, greater benefit. He said on the flip side, he agrees it's hypocritical to hold the developers to a different standard and then not live by the same rules. Williamson initially wanted the bare bones minimum; something safe and • efficient was what he was looking for. As time has gone on he has opened his mind to some different options. Williamson said with Thor Thompson a big part of it was grant money received. He thinks grant money should be pursued in the future for the other streetlights. Sippel said others have spent their own money on improving the streetscape and mentions Presbyterian Homes and the money they've invested in Shoreline Drive. Williamson said there could be future development and investing in Spring Park and they will look at these things. Reinhardt said she cannot offer a motion to rescind since she was the nay voter. Williamson makes a motion to rescind the action by which the council selected option one and instead select option three. Sippel asked about rescinding one motion and then offering an alternative motion. Hughes said there is consistency on control panels and banner poles. Williamson makes a motion to rescind previous Resolution 13-11, the action selecting option one. Bren seconds. All votes ayes, motion carries. Williamson makes the motion to select option three and Reinhardt seconds. Williamson said he actually prefers option two but he thinks the attorney will ask for either rebids or select a different vendor for option two and that means at a slightly higher price. He said if it's rebid there are additional costs and time delay. Williamson said he personally likes option two but makes the motion for option three. Beck said the best way to go forward is with the motion Williamson made if there is interest in a decorative street light. She said option two would require the next lowest bidder. Beck said this has been discussed. She said the pole manufacturer has been consulted and if option three was chosen, the decorative arm of option two could be a change order. She said at this point if the council considers a decorative option two or three she suggests going with the • motion on the floor and discuss the decorative pole or option one. Hughes questions if we go with option three because of the bid and then want to make a change order would it be easier to pick another arm — not option two — something similar but different enough. He wonders about picking something that has a slight variation so they can't claim they went 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 n back. Reinhardt asked Pearson to explain a material change. Pearson said the first consideration is the material itself. He said materials are exactly the same between option, 2 . and 3. However, it's not just the material itself but is there a significant change in going from option 3 to option 2. He said the cost difference between option 2 and 3 when looking at Kilmer and Egan is the differential was about $1600. He said that's .4% of a change and is insignificant. Hughes said there has been a dollar value put on the material. Sippel said in financial accounting that term "material" is used a lot. He said does it significantly alter the financial reporting and spread over 40 poles this is immaterial. Sippel prefers option 3 anyway because he thinks it's a cleaner look. Beck said with the competitive bidding statute the question is would they, if they knew the change, would their bids have been different. She said in this case they bid it correctly. If this went out for bid again, this would probably not change their bid. She said the other piece is do you look like you're doing something unfair and that's where the material standard comes in. Hughes said he believes something other than two might be okay. Reinhardt said that might even be more risky as it isn't something that was put out for bid in the first place. She said there is a motion and a second to approve option three for the street light. She said she assumes removing the banner poles and the control panels still stands. Beck said a new resolution will be needed but the only change would be the street light option. The other items would remain the same. Sippel said therefore it would be identical to 13-11 but instead use option three. Beck said the cleaner option is to rescind the entire resolution and make a new motion. Reinhardt calls for any further discussion. All in favor ayes, one nay, Sippel. Passes four to one. Reinhardt calls another motion to re -affirm Resolution 13-13. Williamson wants to be clear. What was just done was to pick option three under the auspices of 13-11. Beck said 13-11 was rescinded. Hughes makes the motion to approve Resolution 13-13 choosing option 3 for the light poles, deleting the banner poles from the bidding and to replace all three control panels. Sippel seconds. All votes ayes, motion carries unanimously. Hughes wonders about color. Sippel thinks they should be the same color as the poles at the mist. LMCD $75,000 Levy Discussion — Hughes said the LMCD has taken the position to go to councils to get official reactions. Select a representing body in charge of chemical treatments; $75,000 increase to the budget and $35K increase for harvesting. He said there is some dissension regarding chemical versus harvesting. Some cities said their increased levy is disproportionate. Reinhardt is concerned about paying for things that don't even benefit the areas in Spring Park. He said the other part is who becomes the manager of this. Sippel is more comfortable with the LMCD managing but if the LMA can get better funding, he's for that. Williamson said he likes the idea of LMCD governing this or maybe a partnership. b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. March 13, 2013 — Administration Committee — 11:00 AM b. March 13, 2013 — Planning Commission — 7:00 PM c. March 13, 2013 — LMCD — 7:00 PM • d. March 18, 2013 — City Council — 7:30 PM e. March 19, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 15. MISCELLANEOUS (Information Only) a. Mound Fire Department Press Release �16.ADJOURNMENT — Williamson makes a motion and Reinhardt seconds to adjourn at 9:21 p.m. • Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 g� SPRING PARK On Lake 9Vinneton a CITY OF SPRING PARK CITY COUNCIL AGENDA MARCH 18, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from March 4, 2013 b. City Council Special Meeting Minutes from March 11, 2013 c. Accept Administration Committee Minutes from March 13, 2013 d. Accept Planning Commission Minutes from March 13, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Ordinance 13-01: Variance Criteria b. Resolution 13-14: Reimbursing Resolution 011. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. March 19, 2013 — LMCC — 5:00 PM b. March 25, 2013 — City Council Work Session — 7:00 PM c. March 27, 2013 — Police Commission (Full) — 8:00 AM d. March 27, 2013 — LMCD — 7:00 PM e. April 1, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. MNSPECT Minute b. February Fire Report 16.ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 ING On Lake Minnetonka CITY OF SPRING PARK CITY COUNCIL MINUTES MARCH 18, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Acting Mayor Williamson called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Bren, Hughes, Williamson. Reinhardt excues. 3. INTRODUCTIONS — Williamson introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Attorney Beck. 4. PLEDGE OF ALLEGIANCE - 5. ADOPT AGENDA — Hughes makes a motion and Sippel seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Sippel makes a motion and Hughes seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from March 4, 2013 b. City Council Special Meeting Minutes from March 11, 2013 c. Accept Administration Committee Minutes from March 13, 2013 d. Accept Planning Commission Minutes from March 13, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS — No one. 9. PETITIONS, REQUESTS & APPLICATIONS — None. • 10.ORDINANCES & RESOLUTIONS - a. Ordinance 13-01: Variance Criteria — Beck said she provided a memo on this. She said in 2011 the criteria for granting of variances was amended. She said undo hardship was interpreted strictly and requiring property owners to show they could put their property to no other reasonable use and it was decided it was too restrictive. They've changed the language to practical difficulties. She said the Planning Commission reviewed this ordinance and a public hearing was held. She said they recommended approval. Sippel asked if part of this was already adopted. Beck said it was previously discussed but it got dropped somewhere along the way. Hughes said he remembers something about practical use. Williamson said he recalls advisories from the League and as a practical matter the standard was applied. Beck said the city has been complying but now it's bringing the code current. Hughes moves to accept Ordinance 13-01 and Sippel seconds. All votes ayes, motion carries. b. Resolution 13-14: Reimbursing Resolution — Williamson said this is to consider alternate forms of financing, specifically bonding for major projects. He said this was done about two years ago when there were several projects. He said while it's not efficient to finance multiple projects, they rolled projects together. Low interest rates were taken advantage of. He said this takes the street light project and reserves the right to finance in the future. He said there are reserve funds to pay for this project. Williamson said this reservation is good for about three years but it's doubtful this will be stretched out that long; it's an option. Sippel wonders about the time frame to act on this. He prefers something more specific. Williamson thinks the three years comes from Ehlers. • Williamson said the bonds would be tax free and its governed by IRS regulations. Sippel moves adoption and Bren seconds. All votes ayes, motion carries. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 !...REPORTS OF OFFICERS & COMMITTEES - a. Mayor and Council — Williamson said there was a recent news item from another city regarding a fire where the fire department showed up and the first hydrant failed. He said another hydrant had to be used. He said his concern is regarding flushing of the hydrants. He would like to pursue this and make sure the hydrants are being flushed as he wants to avoid malfunctioning hydrants. Williamson would like to have a flushing schedule in order to keep tabs on this. Williamson clarifies the news article was referring to private hydrants and he wants to make sure private hydrants are inspected too. Hughes would like something in the newsletter that hydrants are considered dry hydrants. If someone backs into a hydrant, the city would rather be notified about this rather than ignoring it. Hughes — LMCD — said the last meeting spoke about $75K and $35K attached to the AIS report. He said funding was dropped from the report. Twelve cities voted to drop all of the funding and only two wanted it to remain. Williamson asked what is the next step. Hughes said it can be brought up as a budget item. b. City Administrator — Nothing. c. City Engineer — Nothing. d. City Attorney — Nothing. e. Utility Superintendent — Nothing. 12. UPCOMING MEETINGS & TRAINING a. March 19, 2013 — LMCC — 5:00 PM b. March 25, 2013 — City Council Work Session — 7:00 PM — Williamson said color selection will be discussed for light poles, Lord Fletcher's Oktoberfest event and the Tour de Tonka event. c. March 27, 2013 — Police Commission (Full) — 8:00 AM d. March 27, 2013 — LMCD — 7:00 PM e. April 1, 2013 — City Council — 7:30 PM 013. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Nothing additional. Hughes moves and Bren seconds to pay the • bills. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. MNSPECT Minute b. February Fire Report 16.ADJOURNMENT — Sippel makes a motion and Hughes seconds to adjourn at 7:55 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake 9tinneton a CITY OF SPRING PARK WORK SESSION AGENDA MARCH 25, 2013 — 7:00 PM SPRING PARK CITY HALL STREET LIGHT FINAL DESIGN SELECTION 7:00 — 8:00 a. The council needs to finalize the color, arm style, and attachment locations in order for Millerbernd to begin construction on the street lights. Decisions should be made for the following items: i. Color — Most cities have chosen black. ii. Arm Style — Bemidji (drawing 1) or Fairfax (drawing 2). iii. Banner/Flag Holder/Holiday Decoration Height — Up to this point council and staff have assumed a height of 15 feet to the lowest banner arm and flag holder (see attached drawings). iv. Banner/Flag Holder/Holiday Decoration Configuration — Should flag holder and holiday decorations be on the street side with the banners on the back side or vice versa? Most cities use the same configuration as the attached drawings illustrate. 2. TOUR DE TONKA 8:00 — 8:10 a. Included is the permit application for the Tour de Tonka scheduled for August 3rd. The • event is proposed to be very similar to last year, although both the 43 and 51 (new this year) mile routes are coming through Spring Park on the trail as opposed to just the 43 mile route like last year. Tim Litfin from Minnetonka Community Education noted that he did not expect the overall number of riders to increase substantially because they anticipate the 51 mile route to consist of mostly riders that have been doing the 43 mile route, but would like to accomplish a 50+ mile ride. Additionally, Tim will be at the April 15th council meeting to give a brief presentation and answer questions from the council. 3. LORD FLETCHER'S OCTOBERFEST 8:10 — 8:20 a. Lord Fletcher's is planning an Octoberfest event on Saturday, October 5th. They will be having live music in a tent located in the parking lot directly west of the wharf. I spoke with Peter from Lord Fletcher's this week and he explained that the tent will be completely enclosed and the only way into the tent will be from the wharf, unless fire code requires additionally entrance/exit points. The band will be located on the west end of the tent facing east towards the building. Peter stated that they would be happy to attend the next council meeting to answer any questions for the council. 4. NORTHERN AVENUE SPEED BUMP 8:20 — 8:30 a. The council will need to determine whether or not staff should install the speed bump again on Northern Avenue. 5. INFORMATIONAL DOCUMENTS • a. StarTribune Article 6. MISCELLANEOUS 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 On Lake Yinnetonka • E CITY OF SPRING PARK WORK SESSION MINUTES MARCH 25, 2013 — 7:00 PM SPRING PARK CITY HALL STREET LIGHT FINAL DESIGN SELECTION 7:00 — 8:00 a. The council needs to finalize the color, arm style, and attachment locations in order for Millerbernd to begin construction on the street lights. Decisions should be made for the following items: i. Color — Most cities have chosen black. — Reinhardt explained there is a need for some decisions. Tolsma said there is a color chart and Strand was consulted about the color black. Strand said black is the safe pick as it hides wear, it's an easy color to match and it fades well. Gloss was discussed and he warns against high gloss and prefers semi to flat gloss. Tolsma said the common choice is black and there is a green color that is popular. Sippel thinks whatever is in front of The Mist should be carried through. Williamson said black is neutral enough and would match well with future changes. ii. Arm Style — Bemidji (drawing 1) or Fairfax (drawing 2). Reinhardt said there are two arm styles and arm style two was chosen. Arm style one is the general preference but it's the question of whether changing the arm style is a material change to the specifications of the project. She said there is a minor change to the cost (.49,6) and it is not a material change. She said the slight risk is the second bidder could claim they had the lower bid for that arm style. She said the risk is low. Hughes wonders about a third arm style. Reinhardt said she is comfortable with the risk. Sippel likes option two because it's a cleaner look and it's already been voted on. Bren agrees with the original choice also. It's decided to stay with the original option two. iii. Banner/Flag Holder/Holiday Decoration Height — Up to this point council and staff have assumed a height of 15 feet to the lowest banner arm and flag holder (see attached drawings). The concern is that the flag doesn't hit the bottom of the light pole. It is determined to use the same heights as the drawing. iv. Banner/Flag Holder/Holiday Decoration Configuration — Should flag holder and holiday decorations be on the street side with the banners on the back side or vice versa? Most cities use the same configuration as the attached drawings illustrate. Sippel thinks they should be displayed as drawn. Hughes wonders about the placement of the flag and the banner. It is determined to use the same configuration as drawn. 2. TOUR DE TONKA 8:00 — 8:10 a. Included is the permit application for the Tour de Tonka scheduled for August 3rd. The event is proposed to be very similar to last year, although both the 43 and 51 (new this year) mile routes are coming through Spring Park on the trail as opposed to just the 43 mile route like last year. Tim Litfin from Minnetonka Community Education noted that he did not expect the overall number of riders to increase substantially because they anticipate the 51 mile route to consist of mostly riders that have been doing the 43 mile route, but would like to accomplish a 50+ mile ride. Additionally, Tim will be at the April 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 15th council meeting to give a brief presentation and answer questions from the council. Reinhardt explained this group came through last year. Tolsma said the only difference is there will be two groups coming through. The increase in riders should only be about 10-15%. Reinhardt said this year's application states 900 riders and she feels that is significantly higher than last year's estimate. Williamson said this is the back end of the route. He said they won't come through together and there will be a lapse between the two of them. He wonders if the question is more about spreading of the group. Reinhardt said they've got 9 am to 12 pm and she thinks that's a pretty wide window. Reinhardt doesn't like this big increase. She said last year was better and they did comply with the conditions but the weather was rainy and their turnout might have been less due to this. Williamson said this event was really vetted last year and he was comfortable with how it was conducted so he's comfortable with affirming this as long as they fulfill the obligations. Bren said she has observed bike events to be very well managed and a lot of staff for safety. Hughes asked about signage and Reinhardt said it's been specified in the conditions. Beck wondered about specifying single file riders on the trail only. Sippel adds except when passing. Race day contact numbers need to be provided, such as race director. Tolsma confirmed they will be appearing at the second meeting in April. 3. LORD FLETCHER'S OCTOBERFEST 8:10 — 8:20 a. Lord Fletcher's is planning an Octoberfest event on Saturday, October 5th. They will be having live music in a tent located in the parking lot directly west of the wharf. I spoke with Peter from Lord Fletcher's this week and he explained that the tent will be completely enclosed and the only way into the tent will be from the wharf, unless fire code requires additionally entrance/exit points. The band will be located on the west end is of the tent facing east towards the building. Peter stated that they would be happy to attend the next council meeting to answer any questions for the council. Reinhardt said the admin committee discussed this in brief. Tolsma said when speaking with Peter, the tent will be completely enclosed and the entrance will be from the wharf area through the restaurant. Williamson wonders about Mound Fire weighing in on this and Tolsma said they have been consulted and are still waiting to hear back. Hughes wondered about people wandering around the parking lots. Tolsma said no, the entertainment will be inside of the tent and they will not be raising any flaps. The music will be positioned towards the restaurant. 4. NORTHERN AVENUE SPEED BUMP 8:20 — 8:30 a. The council will need to determine whether or not staff should install the speed bump again on Northern Avenue. Tolsma said it's that time of year again. Williamson said he's had complaints from three different people. He said cars have to really slow down to about 10 mph and he thinks it might be a violation of state statute. Reinhardt said the reason it is there because of speeding traffic using Northern Avenue as a cut through. Williamson doesn't like to impede traffic. The majority of the council says no to putting the speed bumps in. Reinhardt asked if a council vote is necessary and Beck said staff should be able to make the call. 5. INFORMATIONAL DOCUMENTS a. StarTribune Article — Radon testing and mitigation procedures are discussed. • 6. MISCELLANEOUS — Williamson wants to follow up about the fire hydrant concerns. Tolsma said he spoke with Goman and there are a few private ones at Tonka Ventures building. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Goman said he keeps records of where and when he flushes. Williamson said he knows several people saying it's not being done so he wants to see the records of the flushing. • Williamson said they should be open and flushed every year. Williamson said it's particularly important because of the dead-end lines in the city versus typical looping. Tolsma said there is an arrangement with Orono for every -other -weekend to provide on call services. Goman is on vacation so Orono is on call. Yesterday Rockvam noticed some seepage at the southeast corner of his large building. The on -call Orono employee inspected the leak and decided to wait until today as it wasn't leaking heavily. It was found that it wasn't a water main break but a crack on the sewer force main. Hughes said eight cities out of 14 must vote for bow fishing. He said it appears to be a close vote. It would prohibit night fishing. Disposal of fish could become a city issue if fish are dumped. Hughes said the AIS study has been accepted but the funding is coming back. Paul Pearson presents a sketch of the flag connection and the pole. Williamson wonders about starting to look at funds for light poles, depreciation and replenishing funds. He said the council should start thinking about this. Adjourn: 8:02 p.m. • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 r► CITY OF SPRING PARK CITY COUNCIL AGENDA APRIL 1, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from March 18, 2013 b. City Council Work Session Meeting Minutes from March 25, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS a. Pam Myers — Westonka Historical Society 9. PETITIONS, REQUESTS & APPLICATIONS a. Lord Fletcher's Octoberfest Application b. Port of Call Application 10. ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES • a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. April 10, 2013 — Administration Committee — 11:00 AM b. April 10, 2013 — Planning Commission — 7:00 PM c. April 10, 2013 — LMCD — 7:00 PM d. April 11, 2013 — Spring Park Police Commission — 10:00 AM e. April 15, 2013 — City Council — 7:30 PM f. April 16, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. City Clerk Continuing Education Certificates b. Historical Property Value Comparison Sheet 16.ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 6a Mi SPRING PARK On Lake Minnetonka CITY OF SPRING PARK CITY COUNCIL MINUTES APRIL 1, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Pam Myers, Tom Emer of Lord Fletchers. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Hughes makes a motion and Williamson seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from March 18, 2013 b. City Council Work Session Meeting Minutes from March 25, 2013 7. PUBLIC FORUM -None 8. PRESENTATIONS & GUEST SPEAKERS a. Pam Myers — Westonka Historical Society — Myers said Westonka has a vague • geographical boundary. She said the community museum includes Spring Park. Before 1950 the Mound high school was consolidated. She said students came from as far as Medina, St. Boni, Victoria and Stubbs Bay. Myers said they've been searching for a space and they've looked at many places. She said the Mound City Hall is soon to be available and they are looking forward to moving into the facility. Myers showed a video of historical Spring Park. She said this will be a community history museum and she wants the council to think about how this can be a museum for everyone. Myers said she'll be back later in the year to speak about funding. Reinhardt thanks Myers for their dedication and putting this together. 9. PETITIONS, REQUESTS & APPLICATIONS a. Lord Fletcher's Oktoberfest Application — Tolsma said Lord Fletcher's is proposing an Oktoberfest event and there is going to be a polka band in the early part and a more traditional band later on. He said German food will be served. Tolsma said the tent will be located at the west end of the parking lot and will hold about 400 people. Tolsma said this was discussed and there were some questions on the letter received from Mound Fire. Chief Pedersen commented that a tent inspection would need to be conducted and he doesn't have any concerns beyond that. He also noted the entrance to the tent will be through the wharf area. Williamson wondered if this was a weekend event and Emer said no, they decided to just go with one day. Williamson moves approval of the application and Hughes seconds. Sippel wondered about the one entrance. Emer said on the west deck they are going to make the existing entrance wider. Emer said they are selling tickets so there will be a cut-off after 400 tickets. All votes ayes, motion carries. b. Port of Call Application — Reinhardt explained this is a typical item at this time of year. Tolsma said its very routine and this is all they've received so far. Sippel wondered about the approval of this. Williamson said it's more about liquor sales and hours 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 of operation. Sippel makes a motion to approve and Bren seconds. All votes ayes, motion carries. • 10. ORDINANCES & RESOLUTIONS — None. 11. REPORTS OF OFFICERS & COMMITTEES Mayor and Council — Reinhardt received a letter from the LMCC and they are looking to form a joint powers committee. It's being established because of the franchise negotiation. Williamson said joint powers can appoint a non -elected resident of the community. He said the suggestion is the joint powers agreement should be revisited, cleaned up and updated. He said amending requires unanimous acceptance by the member cities. So, instead of handling this with the present commission of 34 members, or handled at the board level (might be too restrictive), the impulse is to have one of the LMCC commissioners designated to be on a joint powers review. Williamson said he would like to serve. Reinhardt makes a motion for Williamson to serve on the joint powers committee and Sippel seconds. Reinhardt thanks Williamson for his willingness to serve. All votes ayes, motion carries. Reinhardt said she and Bren attended the recent police commission meeting with all contract cities and she requests materials received be included the the next meeting. Reinhardt said the good news was response times have been consistent since taking on the city of Mound and they have not suffered. Tolsma said there is a printout in front of the council and it refers to pending legislation that is working its way through the legislature and Chief Farniok will have details if needed. Williamson wonders if there is a committee summary of the bill or a staff summary. He said the League of Cities is a good reference and, if there's a different take, he would think the League of Cities would have staff follow up. He said then they could determine if the bill is really going anywhere. Hughes asked about the follow up with pollution control regarding the recent utility break. Tolsma said he did check and it's typical with what the Orono employee said. He said the size is not considered significant and it will go away more than likely. a. City Administrator — nothing. b. City Engineer — nothing. c. City Attorney — nothing. d. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. April 10, 2013 — Administration Committee — 11:00 AM b. April 10, 2013 — Planning Commission — 7:00 PM c. April 10, 2013 — LMCD — 7:00 PM d. April 11, 2013 — Spring Park Police Commission — 10:00 AM e. April 15, 2013 — City Council — 7:30 PM f. April 16, 2013 — LMCC — 5:00 PM Reinhardt reminds the public of the Open Book meeting on April 17th from 6-7:30 p.m. She said this is for residents to discuss their property valuation with the county assessor. It is recommended they phone ahead if they plan on attending. 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION Bills & Payroll — Sippel asks about the salt. He said he thought it was a temporary program and it would be evaluated as to how well it worked compared to salt/sand. Reinhardt said that • would be a good discussion to hear from Goman about. Sippel said he's conflicted. He doesn't sweep his garage much but wonders about the amount of salt going into the lake. Hughes agrees with Sippel. Reinhardt said because we purchase the salt independently, there is a cost savings. Hughes wonders if there is a lot of salt left and Tolsma said the 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 • 3 container will be removed in about two weeks. He said there will be a credit given on returned salt. Williamson wonders what type of salt it is. He thinks a basic description of the strategy, what chemicals are being used, how much and pretreatment measures should be presented. Hughes would like to see what other cities are using. Bren makes a motion Sippel seconds to approve the claims. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. City Clerk Continuing Education Certificates — Hughes suggests something in the newsletter about this. b. Historical Property Value Comparison Sheet — Reinhardt said SP growth in property values in ten years has been 1.5%. She said there has been growth as high as 25%. MADJOURNMENT — Williamson makes a motion and Hughes seconds to adjourn at 8:26 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL AGENDA APRIL 15, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from April 1, 2013 b. Accept Administration Committee Minutes from April 10, 2013 c. Accept Planning Commission Minutes from April 10, 2012 d. Garbage Hauler Licenses 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS a. Tim Litfin — Tour de Tonka 9. PETITIONS, REQUESTS & APPLICATIONS a. Tour de Tonka Permit Application 10.ORDINANCES & RESOLUTIONS • 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council i. 2012 Audit Report — Jim Eichten (See Provided Financial Statements & Management Reports) b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. April 16, 2013 — LMCC — 5:00 PM b. April 18, 2013 — Spring Park Police Commission — 10:00 AM c. April 22, 2013 — Work Session — 7:00 PM d. April 24, 2013 — LMCD — 7:00 PM e. May 6, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. February Financial Report b. March Fire Department Report c. Music In The Park Update d. 2012 Orono Police Department Report 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 I - corrected SPRING PARK On Lake 9tinneton a CITY OF SPRING PARK CITY COUNCIL MINUTES APRIL 15, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck, Auditor Jim Eichten, Tim Litfin of Cure de Tonka 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson made a motion and Sippel seconded to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Sippel makes a motion and Bren seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from April 1, 2013 b. Accept Administration Committee Minutes from April 10, 2013 c. Accept Planning Commission Minutes from April 10, 2012 d. Garbage Hauler Licenses 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS • 9. Tim Litfin — Tour de Tonka — Reinhardt explained Litfin has a brief presentation about the upcoming Tour. Litfin said the event will happen Saturday, August 3`d. Litfin said the event has continued to grow in participants and he said it is being promoted as Minnesota's Ride. Litfin said he's pleased to have Spring Park be part of this event. Hughes asked about the new 50 mile ride and, with approximately 900 riders, he wondered about the total number coming through Spring Park. Litfin said some riders doing the 43 mile ride might bump up to the 51 mile. He said he thinks the 43 mile will suffer. He said total number of riders could add 10-20%. Hughes said his only concern is the width of the riders because our trail is narrow. He wondered at what point they might outgrow the trail. Litfin said it's followed quite closely but because the riders spread out, they don't get the pack riders that pushes the limit of the trail. Reinhardt said she feels the event was much better last year than the year previous to that. She said last year the weather wasn't good so the regular trail users weren't out. Tolsma said they've requested contact information for the day of the event and Litfin said it can be provided. Litfin said it was a safe event last year. He said riders are commonly paired up on the trail and they'll try to pass the message to ride single file when meeting others 10. PETITIONS, REQUESTS & APPLICATIONS a. Tour de Tonka Permit Application - . Williamson makes a motion and Hughes seconds to approve the Tour de Tonka bike event on August 3rd subject to the conditions attached to the application. All votes ayes, motion carries. 11.ORDINANCES & RESOLUTIONS - 12. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council • 2012 Audit Report — Jim Eichten (See Provided Financial Statements & Management Reports) — Eichten said the council has received the financial report and the management 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 - corrected report and he'll go through the management report. He said the State requires this. He said right now it's in draft form. Eichten said this report gets submitted to the State Auditor. Eichten said an "Unqualified Opinion" was issued and it's considered a clean opinion. He said inadequate separation of duties was found and this relates to the size of the city's is office. He also said a new finding was found. He said account payable is a liability that the city had at year end. He said this was a small amount but it raised the finding and the response to the finding is to eliminate it in the future with a corrective action plan. Eichten said there were two accounting standards required this year and it changed the financial report. One was the city is no longer allowed to amortize costs or discounts on old debt. The requirement is to expense it. Eichten said as a result they were wrote off. Williamson asked about the amounts and Eichten said $27,714 was expensed out. Eichten said the second part of the audit is how the city is doing financially. He said the governmental funds exclude the water and sewer funds. He said for 2011 data, the funds increased. He said this is managed by a fund balance policy. Eichten said on a per capita basis property taxes is $571 per resident in 2012. He said the majority of revenues comes from property taxes. He said in general the city has lower than average expenses. Eichten said revenues were slightly higher last year. He said city's expenditures were below budget so it reflects good fiscal management. The city's enterprise funds declined roughly $51,000 but it's not a significant portion of those funds. Williamson said a well project is required to be done about every ten years. He said regarding the bond and the amortization, he wonders if this expense which is anticipated every ten years can be amortized instead of expensed. Eichten said money can be set aside for restricted capital to fund the item. Williamson said this ten year blip is an anomaly • and he wonders if there are ways around this. Sippel asked about depreciation being taken. Eichten said setting rates for city, some cities set rates to cover future capital items. He said other cities will build their rates to not cover future capital rates and when they come around they tend to issue debt. Sippel wonders if the city is charging enough to cover costs plus depreciation. Eichten said the indicator is net income. Eichten said the statement of activities includes all funds and accounts and at the end of 2012 the change in equity is plus $125K. He said there's been a dramatic improvement. Williamson said every audit there is always a comment about segregation of duties and he wonders about why it's always mentioned. He wonders if there should be some recognition in accounting standards so this deficiency isn't always noted every year. Eichten said it is aoina to be addressed and is on an the GasB agenda. Mayor Reinhardt said a thank you note was received from Wendy and Sharon for the Clerk's Conference. Reinhardt said she met with the Historical Society and it was the first conversation about cities' participating in assisting with funding this endeavor. She said the total dollar amount from five cities is $16-18,000. She said she asked how the allocation would take place and wondered if a ratio would be used like the Gillespie Center uses. Williamson said there are other formulas for cooperative services. He said it's usually population based or call for service based. Williamson suggests a consensus motion about being open to Historical Society support and if there are votes to support. He said it should also be in keeping with the fire department apportionment and ends up being about 11 % of • their total budget. He said at minimum they should be willing to look at a level consummate with that amount. Hughes wondered if other cities had any ideas. Reinhardt said everyone was supportive but there was a city that balked at the population formula. Reinhardt is 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 3 - corrected looking for a fair share based on some concrete formula. Reinhardt said Mound Mayor asked about using a formula or does each city just want to do their own thing. She doesn't know how complicated this will be. Williamson said he believes if they are putting together • a budget they need to be able to have dependable fund sources. Williamson makes a motion and Hughes seconds that the Spring Park City Council is interested in participating in the Westonka Historical Society and funding to be determined on a fair and proportional basis. Sippel suggests a percentage of the overall budget versus a percentage of the revenues. Reinhardt said this is a good point because they are still doing some fund raising of their own. All votes ayes, motion carries. Hughes said regarding the LMCD bow fishing ordinance had the first official reading. He said some tweaks were being made and a second reading will be coming up shortly b. City Administrator — Tolsma said advertising for summer parks maintenance has been advertised and a couple of applications have already been dropped off. He said the first preconstruction meeting for the street lights is coming up. He said there is a draft AIS plan received from the Watershed District and there is a 60 day comment period. Williamson asked about the pay range for the part-time parks person and Tolsma said it's between $10-11/hour. Williamson wondered what was budgeted and paid out. Williamson said he's concerned about the unemployment element and when the city was required to pay out some monies. He said he wonders if this will be avoided in the future. Reinhardt said the difference also is that the position is terminated at the end of the season and not keeping the part-time person employed throughout the year. Williamson said regarding the streetlights, the project has been authorized and parameters were declared but he hasn't seen the contract. Williamson said in previous contracts there was a failure to add the payment provisions for subcontractors and • clauses were inserted and he wonders if they were inserted in this contract. Tolsma said the contract was presented to the council and it's available. He said what was signed is a one page signature page. Williamson asked about load limits. He said they usually come off around the middle of May. He said this year there is about three weeks behind the average in terms of temperatures and he wonders if there is any thought about extending the load limits. Tolsma said the city typically follows the state guidelines on load restrictions. c. City Engineer - d. City Attorney - e. Utility Superintendent - 13. UPCOMING MEETINGS & TRAINING a. April 16, 2013 — LMCC — 5:00 PM b. April 18, 2013 — Spring Park Police Commission — 10:00 AM c. April 22, 2013 — Work Session — 7:00 PM d. April 24, 2013 — LMCD — 7:00 PM e. May 6, 2013 — City Council — 7:30 PM 14. UNFINISHED BUSINESS - 15. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Bren makes a motion to approve the claims. Sippel seconds. All votes ayes. 16. MISCELLANEOUS (Information Only) a. February Financial Report • b. March Fire Department Report 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 4 - corrected • • c. Music In The Park Update — Reinhardt said a grant was received so they might not be looking for funding from the city. d. 2012 Orono Police Department Report — Reinhardt said the response times for priority one calls for Spring Park has gone down and it was a dramatic decrease. Williamson asked about claims for payment and booking charges. He wondered if this was asked about at the police commission meeting and Reinhardt said she will bring this up at the next police commission meeting. Tolsma said the open book meeting is this Wednesday the 17th at city hall from 6-7:30 p.m. 17.ADJOURNMENT — Bren makes a motion and Sippel seconds to adjourn at 9:07 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK WORK SESSION AGENDA APRIL 22, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake .Minnetonka 1. PUBLIC WORKS DISCUSSION 7:00 — 8:00 a. Included is a staff memo for review. If the council desires, a short tour of the basement could also be done either prior to, or following the discussion. 2. HYDRANT FLUSHING 8:00 — 8:15 a. Included is a map used by Public Works Superintended DJ Goman to determine the hydrants that are serviced annually and by which method. DJ will be in attendance to discuss the current maintenance approach with the hydrants and to answer any questions. The council should also use this discussion to determine if they would like to develop any new maintenance policies or staff reporting requirements, such as an annual report to the council or an article in the newsletter. 3. ROAD SALT DISCUSSION 8:15 — 8:30 a. DJ will brief the council on the history of the city's approach to salting and/or sanding the city streets and will also update the council on the specific treatment chemical • currently in use by the city. 4. INTERNET CONNECTIVITY & IPAD DISCUSSION 8:30 — 8:45 a. Included is a copy of the minutes from the most recent administration committee meeting (see item 3) where the members discussed the benefits and concerns about the use of iPads. The committee agreed at that time to bring the issue to the entire council for further discussion. 1�1 5. INFORMATIONAL DOCUMENTS 6. MISCELLANEOUS 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK WORK SESSION MINUTES APRIL 22, 2013 — 7:00 PM SPRING PARK CITY HALL On Lake Minnetonka Attendance: Reinhardt, Williamson, Hughes, Bren, Sippel, Goman, Beck, Qualle, Tolsma and Lewin PUBLIC WORKS DISCUSSION 7:00 — 8:00 a. Included is a staff memo for review. If the council desires, a short tour of the basement could also be done either prior to, or following the discussion. Reinhardt said the memo outlines options. Hughes wants to add an option. He asked about the diesel tractor and wonders if it could be converted to propane. Goman said it would be too costly based on the size and it would be in excess of $5, 000. Hughes said he called someone and they said it would be more like $1,000. Tolsma said this has been an ongoing issue due to a public works facility under office space. Tolsma said Goman has necessary operations he performs in the lower garage. Tolsma goes through the suggested options. Goman said the basement has a suspended ceiling and there have been upgrades performed. He said a sheetrock ceiling was suggested but it has pros and cons as do all the options. Hughes asked about spray foam. Tolsma said options 2,3 and 4 are off -site options. • Reinhardt suggested discussing each option. Hughes said he wants to eliminate option 3. Reinhardt agreed and stated the historic nature of the building would prohibit moving city hall to another location. Hughes agrees stating this is city hall. Goman said the building is not historic — not officially historic in nature. Williamson said this is as close to a historical embodiment the city has but he doesn't think any option should be scratched right now. He said the bottom line should be considered. Reinhardt said it's either lease, build or fix and the initial outlay would be spent no matter what. Williamson doesn't think that equates. He wonders about purchasing the Norling property and leasing it back to Norling - for example. Goman said he and Tolsma recently met with Norling. He said Norling is interested in selling in the near future. Sippel said he believes vehicles parked below will be a conflict. He wonders about a hybrid and have a workshop but to get the vehicles out of here. He also thinks a shed by the tennis courts might make sense, especially if it wasn't heated and it was just a garage. Reinhardt likes the idea of purchasing the adjacent property because it would get rid of two blighted properties on Pattees Lane. Goman said discussion has been had about using the basement as cold storage for Christmas decorations, flags, parts, etc but moving the workshop off site. Qualle said one furnace services two areas. He said the basement is being pressurized and the fumes are being pushed up. Reinhardt remembers when the HVAC was redone and it was a lot of money. She wonders if this wasn't done properly at that time. Basement Tour. Qualle pointed out where the garage door opener track was lowered and the sheet rock enclosed it. Reinhardt said she was surprised at the storage room and the high • ceilings and amount of space. Reinhardt asked how much the tractor was worth. Goman said it cost around $25K and if they trade the tractor in they should come out ahead after buying a new mower and trailer. Sippel asked where the compressor was and Goman said it was in the 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 0 back storage room because of the noise. Goman said the back storage room has seepage and mold on the wall. Williamson thinks this could be sealed - regardless. Back in the garage • Goman explained the green generator iss owned by the city and serves lift stations 4 and 5. He said the yellow generator is Orono's. Goman said it's in exchange for the Toolcat used for Beinek's snow plowing. Reinhardt said she didn't believe that storing Beinek's snowplowing equipment was part of the contract. Reinhardt asked the council for their thoughts after seeing the downstairs. Williamson said he's impressed with the organization and the space. Beck said something to keep in mind is that staff made this complaint last fall and the long term options are going to take time so there are interim measures that need to be considered. Goman said he has to juggle his jobs so the effect of his work is kept to a minimum. Bren always looks to doing things right the first time. She is in favor of purchasing the property next door. Reinhardt said after seeing the space downstairs she's leaning towards a retrofit. Hughes agrees with Bren but he thinks considering the money spent downstairs he'd rather rent or lease a facility for the time being and take time to really think and design this. Williamson thinks the move process will be costly and a one year lease is typically expensive. He said in investing in leased space it should be 3-5 years minimum with a cancellation clause. Goman said Orono is not interested in a long-term commitment but they would allow a short- term option. He said it would give some time for evaluation and to do what is best. Goman said the Hennepin County substation is due for an upgrade in 2015. They're not looking at expanding the building but it's not out of the question. He said Mound and Spring Park have approached HC about a shared facility. Reinhardt thinks fine tuning the improvements to the garage should be considered for costs including mold mitigation, the garage door, etc. Goman • said he can't guarantee there won't be issues and he wonders if this is a band aid. Hughes thinks other numbers to consider are costs to acquire property. Williamson said now is the time to buy property. He believes property values have bottomed and are heading upwards. It is suggested staff talk to a realtor about the Bremer property. Sippel thinks the city already has city owned property and he thinks acquiring property doesn't make sense. Beck agrees with Sippel. 2. HYDRANT FLUSHING 8:00 — 8:15 Included is a map used by Public Works Superintended DJ Goman to determine the hydrants that are serviced annually and by which method. DJ will be in attendance to discuss the current maintenance approach with the hydrants and to answer any questions. The council should also use this discussion to determine if they would like to develop any new maintenance policies or staff reporting requirements, such as an annual report to the council or an article in the newsletter. Goman said there is a map in front of the council. Goman said some of the hydrants need to be pumped and there are others that need to be flushed and pumped. He said they only flush once a year because of the filter plant and a process called poly pigging. They are foam bullets that go through and scour off the rust. Williamson said he thinks the hydrant in front of his house hasn't been flushed in a while. He also noticed in the paper other cities are flushing hydrants routinely. Williamson asked if a wrench was put to each hydrant every year to make sure it's operational and Goman said yes. He said every hydrant gets pressurized. They tighten the caps, turn the hydrant on and it's pressurized. This process checks for leaks and for water present. Hughes thinks a spreadsheet showing the hydrants that have been wrenched could be added very easily. Reinhardt said just another column could keep track of that. Williamson asked about private hydrants. Goman said they are maintained privately. He said the fire Marshall inspects those hydrants. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 3. ROAD SALT DISCUSSION 8:15 — 8:30 4. DJ will brief the council on the history of the city's approach to salting and/or sanding the city streets and will also update the council on the specific treatment chemical currently in use by the city. Goman said sodium chloride is being used. He said it's been used for four years. Prior to this time a salt/sand mixture was used. Ninety/10 sand to salt mixture has been used. Goman said the salt is more expensive. He said salt/sand combo puts too much sand into the lake. Too much salt kills vegetation. He said in the end, the runoff is diluted. Sippel asked about a delta cost and Goman said it's a fixed cost. Williamson asked about what is being picked up in the street sweepings and Goman said it's been reduced by one third. Goman said most of the surrounding communities use straight salt; a few are still using a salt/sand blend. Goman said .754" is the call out —predicted or happening. Reinhardt asked about the recent snowfall. Goman said with last week's snowfall, the sidewalks were not able to be cleared. It was decided to clear the sidewalks and haul out during the night. The operation started around 10 p.m. starting in Mound. A noise complaint was received and a road debris hazard complaint was received. There was a concern about the road being blocked so Hennepin County was called. The operation was shut down by HC. Goman was notified by Bienek. Goman called for a meeting on Monday morning to figure out what happened. He said there was some finger pointing. Some concerns were brought up about safety concerns. Goman said haul outs are rare at night. Due to the lateness of the meeting, Reinhardt suggested they lay over the remaining items to a meeting at a later date. 5. INTERNET CONNECTIVITY & IPAD DISCUSSION 8:30 — 8:45 a. Included is a copy of the minutes from the most recent administration committee is meeting (see item 3) where the members discussed the benefits and concerns about the use of iPads. The committee agreed at that time to bring the issue to the entire council for further discussion. 6. INFORMATIONAL DOCUMENTS 7. MISCELLANEOUS — Reinhardt said she forwarded an e-mail that she sent to Blaze at The Laker. She said he had some valid points stating he didn't know there was a special meeting. Reinhardt said she anticipates a follow up article will be written. Williamson said this seems to be a common thread and they are relying upon insufficient sources. Reinhardt said she's posted on the Facebook page that this was reported wrongly. Williamson said he read some other articles and St. Boni and Long Lake had to get new assessors because the numbers were off. Adjourned 9:45 p.m. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 14,.. CITY OF SPRING PARK CITY COUNCIL AGENDA MAY 6, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from April 15, 2013 b. City Council Work Session Minutes from April 22, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council i. LMCD Draft 2014 Budget b. City Administrator c. City Engineer • d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. May 8, 2013 — Administration Committee — 11:00 AM b. May 8, 2013 — LMCD — 7:00 PM c. May 8, 2013 — Planning Commission — 7:00 PM d. May 16, 2013 — Dakota Trail Meeting (Mound City Hall) — 1:00 PM e. May 20, 2013 — City Council — 7:30 PM f. May 21, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. March Financial Report b. April Fire Department Report c. MCWD Aquatic Invasive Species Management Plan Update d. TMDL Draft Policy 16.ADJOURNMENT C] 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL AGENDA MAY 6, 2013 — 7:30 PM SPRING PARK CITY HALL On Lake Yinne 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL —Williamson, Bren, Hughes, Reinhardt, Sippel. 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Attorney Beck. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA - Williamson has specific changes to the April 15th minutes and has previously discussed those changes with Lewin. Hughes makes a motion and Bren seconds to approve the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from April 15, 2013 b. City Council Work Session Minutes from April 22, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS - None 9. PETITIONS, REQUESTS & APPLICATIONS - None 10.ORDINANCES & RESOLUTIONS • 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council i. LMCD Draft 2014 Budget — Hughes referred to 2014 budget detail under draft option 1. He said under 2013 AIS prevention and management there is a $30,000 budget item and this does not include harvesting. He said the prevention is the inspection program. He thinks $12-14,000 was approved for level one. He said this is levy money. He said they will be voting soon about how to spend that. He said there is concern about spending tax payer money on chemical treatment. Hughes wants to know how the council feels about using tax payer monies. Williamson asked if any of these dollars are leveraged with any other government agency. Hughes said money can be lost because level two inspection is not opted for this year. Hughes is against it himself. Reinhardt said it's a fair concern. She said if it wasn't budgeted this year she's not in favor of a whole bay treatment. Sippel asked about inspections and wonders where the line is drawn. He asked if there is doubling up and Hughes said no. He said there are certain bays the LMCD is responsible for and the DNR is responsible for others. Sippel said tax dollars are going to inspections and harvesting but he thinks chemical treatments are more effective. He would be supportive of the chemical treatments. Reinhardt is concerned about who pays and what is fair. Hughes goes to the 2014 budget. He said there are two options one for $30K for unspecified AIS and option two is the 30K would drop to 20K but add $55K for whole bay, large scale herbicide treatment. Hughes said this is mentioned to start thinking about it. Williamson said harvesters need to be purchased. He said it's not good to change course in the middle and the budget plan needs to stay focused. Hughes said grant money and • donated money can go towards whole bay treatment. Reinhardt said if there is extra money for AIS prevention and management she would be cautious for whole bay 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 1A treatment. Williamson said he wants to hear from Nybeck from the LMCD. Hughes said he thinks a decision is coming soon. Sippel said for 2013 he thinks do it right or don't bother. He said they're talking pennies. Bren agrees with Sippel. Sippel said the one thing he would like to know from Nybeck is what is the plan for additional spending. He doesn't • want to write a blank check. What's the plan, what's the cutoff, will they be able to continue the treatment program and is it an expansion or maintaining what they're doing. b. City Administrator - -Tolsma has an update for street lights. He said the first pre -construction meeting is scheduled in the next couple of weeks and the timeline and proposed process will be discussed. He said he'll bring that to the council after the meeting. -Tolsma said the new bow fishing ordinance has been adopted by the LMCD and Tolsma set out a comparison. - Tolsma said there is a LED light demonstration set up outside and if it's dark when the meeting is over council members can look at it. -Williamson noticed a new patch put on Sunset Drive due to the force main break this past winter. Tolsma said they hope this is a final patch. He said previous attempts have not worked due to the wet soil located beneath so this time they dug it out and replaced with dry soil. Hughes asked about the longevity of this new patch. Williamson asked about other areas in the city that are in need of repair. Tolsma said nothing to the extent that this repair was. Tolsma said there are a few potholes that need repair. Hughes asked about CR 15 and a contractor digging up the road by Pres Homes. Tolsma said he could ask Goman for more information on that. b. City Engineer c. City Attorney d. Utility Superintendent — Tolsma said there are interviews scheduled for tomorrow. • Williamson wants this defined as a temporary/seasonal job so there is no confusion on collecting unemployment benefits. Tolsma said there are some stopgap measures being put in place to prevent that from happening. 12. UPCOMING MEETINGS & TRAINING a. May 8, 2013 — Administration Committee — 11:00 AM b. May 8, 2013 — LMCD — 7.00 PM c. May 8, 2013 — Planning Commission — 7.00 PM d. May 16, 2013 — Dakota Trail Meeting (Mound City Hall) — 1:00 PM e. May 20, 2013 — City Council — 7:30 PM f. May 21, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Williamson makes a motion and Bren seconds to pay the bills. Williamson said it's under $29K for one month when it's typically more like 80K and it makes it pleasant to make the motion. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. March Financial Report — Reinhardt said she noticed the balance in the money market is getting up there and she knows it's being set aside for the street lights and she thinks this should be watched once pricing starts to come in. Tolsma said he hopes Bruce Kimmel will be at the work session and discuss financing options for the street light project. Williamson said when buying a CD for one year there is very little interest earned. He said the money market gives flexibility to spend and he believes that's the • way a lot of cities are going. Sippel asked if it's not been decided yet how to fund the 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 streetlight project. Reinhardt confirmed. Williamson thinks strategy needs to be discussed. b. April Fire Department Report — Hughes asked about a specific address being in Spring Park. c. MCWD Aquatic Invasive Species Management Plan Update — Reinhardt said there is a comment period. Tolsma said he's going to ask for a one page memo as to how it affects Spring Park. d. TMDL Draft Policy — Reinhardt said this is the total maximum daily load being done by the MCWD. She said this is part of the MS4 plan. She said they're trying to come up with a policy as to who gets the credit. She said if there was a joint project and there was a reduction determined, Spring Park could get a percentage assigned credit. Hughes said he thinks the street sweeping was the best he's seen. Sippel said for future study session he thinks the bills should itemize out the detail of the conservation rates and he thinks there should be a way to do that. He also thought the conservation rates are no longer required. Reinhardt said that is correct. She said this can be revisited. Sippel would like to see this. He wants to know if they can't itemize it out, why? 16.ADJOURNMENT — Hughes makes a motion and Sippel seconds to adjourn the meeting at 8:18 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake Alin CITY OF SPRING PARK CITY COUNCIL AGENDA MAY 20, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from May 6, 2013 b. Administration Committee Minutes from May 8, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS a. Greg Nybeck — Lake Minnetonka Conservation District b. Pam Myers — Westonka Historical Society 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council • b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. May 21, 2013 — LMCC — 5:00 PM b. May 22, 2013 — Fire Commission — 11:00 AM c. May 22, 2013 — LMCD — 7:00 PM d. May 28, 2013 (Tuesday) — Work Session — 7:00 PM e. June 3, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. 2013 YTD Building Permit Report b. Three Rivers Park District Press Release c. Westonka Historical Society Newsletter 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 corrected SPRING PARK On Lake 9linnetonka CITY OF SPRING PARK CITY COUNCIL MINUTES MAY 20, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Hughes, Reinhardt. Bren excused. 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, LMCD Greg Nybeck, Pam Myers, Westonka Historical Society. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Sippel seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Sippel make a motion and Hughes seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from May 6, 2013 b. Administration Committee Minutes from May 8, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS • 9. Greg Nybeck — Lake Minnetonka Conservation District — Reinhardt introduces Nybeck to the council. Nybeck said he is to give an overview of the 2014 budget. He said council member Hughes has kept everyone current as he is a board member. Nybeck said there was a planning session in April to look at the basis of the budget and it's been now circulated to the cities. He said on June 6th city officials can provide feedback. Nybeck said the agency has a mission plan with goals and objectives. He said it needs to be updated but the hot items are management of invasive species and the second hot topic is prevention of AIS. He said harvesting continues to be their primary source and then chemical bay application. He said watercraft inspections are a part of the plan. Education and conformance is a goal. Nybeck said milfoil and curly pond weed was a five year public/private project. He said it was a large- scale treatment plan. A further comprehensive program needs to be developed before this program is continued. Nybeck discusses project costs and funding sources. Nybeck said regarding bow fishing an ordinance was adopted to improve communication and enforcement. He said Water Patrol is the enforcement agency. He said no night-time bow fishing is allowed. Reinhardt asked if all cities have adopted the same ordinance. Nybeck said the original goal was uniformity. Williamson said Water Patrol wants a clean ordinance that is not confusing. Reinhardt is concerned about the city's conflicting ordinance with the LMCD and wonders if the city should adopt the LMCD's ordinance. Williamson suggests taking a wait and see approach. Nybeck suggests feedback go to Council member Hughes. Nybeck said a newsletter will be soon forthcoming and the winter one will be out in the fall. • Sippel asked about the comprehensive plan and wondered what the correlation was for AIS. Williamson asked about a missing element in terms of Watershed District and animal invasive 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 corrected species such as Zebra Mussels. He asked if there is targeting of vegetative issues. Nybeck said the MCWD is doing a pilot program. Williamson is interested in who is going to take the • lead on this. He wonders where the LMCD fits into the future vision as to who manages what in regards to invasive species. Nybeck said the MCWD has a management and prevention plan. He said the LMCD is focused on management. Biological control of invasive species is discussed. Reinhardt asked about sustainability for whole bay treatment. She said it works for a while but wonders if there is room in the levy for this. Nybeck said with decreasing tax capacities, monies might have to be increased so he doesn't know about sustainability. They are perhaps looking at other funding sources and joint power agreements. Williamson said he wonders about thought being given to increasing levy limits for planning purposes. b. Pam Myers — Westonka Historical Society — Tolsma said Myers is planning on attending this evening. He suggests the rest of agenda be moved forward on. Reinhardt said there is a request for some city contributions. She said Mound's contribution is in -kind as market rate rent is being compared. Myers arrived. She said they are looking at funding for 2014 and a letter and spreadsheet has been included in the packet. She is ready for questions. She said they've moved and been unpacking boxes and moving furniture. She said they've been in the Star and Tribune and they were on Channel 11 news. She said an open house is planned for June 15 from 10-noon. She said there is one building among five towns. She said they are open to projects and exploring topics. She said they are concerned about directional signage. Williamson wondered how the lease amount was arrived at. Myers said they looked at the size of towns in population and geography. Williamson meant the space. Myers said it includes utilities, they are not paying for ground maintenance or cleaning. She said it's about $8.08 per square foot and they are getting 1800 square feet. They are not sharing space except for • council and conference room meetings. Williamson wonders if Mound is contributing anything besides the space. Myers said the building is being overseen as a city building. She said the term of the lease is one year and it's renewable. Williamson said he was thinking it should be more like ten years. He said contractual obligations are important. Myers said they were looking for a long-term lease and they were offered a one year lease. Williamson is concerned that the city's contribution should be looked at as an investment. He said the proportions don't seem to be consistent like the fire contract and the Gillespie Center. Williamson said the motion passed needs to be proportionate and he doesn't think this looks proportional. Hughes wondered about the insurance and wonders if an appraiser will document values. Myers said because there hasn't been space to exhibit, the collection has not been insured. She said the donator has the value documents that their appraiser came up with for tax purposes. She said they've considered disaster insurance. She said there isn't replacement value as most items are not replaceable. Hughes thinks that should be a discussion item as items grow more valuable. Reinhardt asked what other cities' feedback has been. Myers said she's presented to Minnetrista and they had similar questions. Reinhardt wondered what the feeling was. She said she wouldn't be surprised if they all said it was too much but she thinks it's being considered and being planned for in upcoming budgets. Williamson said he would like to see a renewable lease with options, ten years, and he thinks proportionality is important. He said Spring Park's budget can absorb a $3,000 expense but he wants it to be fair and equitable. Reinhardt asked if this should be tied with other cities for fairness purposes. Reinhardt is concerned about penalizing the Historical Center because • cities can't come to an equitable decision. Sippel appreciates Williamson's concern but he also thinks the one year lease might be okay too in case things change. Hughes likes the idea 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 corrected of giving a commitment of support. Reinhardt said they will wait to hear back from other cities and they will put this forth in the budget planning process. • 10. PETITIONS, REQUESTS & APPLICATIONS - None. 11.ORDINANCES & RESOLUTIONS 12. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — • Reinhardt said a complaint was received regarding trailers being parked at the Tonka Ventures parking lot at Shoreline Drive and Sunset Drive. Reinhardt said someone is going to probably attend the June council meeting to ask staff to look at the ordinance closer. Williamson said he remembers this being a problem previously. He wonders if a time limit should be explored for moving the trailers. Sippel said when the sign ordinance was reviewed, that issue did come up and it wasn't addressed because it was deemed difficult to regulate. • Reinhardt reminds the council about the Mound Fire Department Fish Fry on June 1st • She said she was contacted by a resident that lives near Presbyterian Homes and a visiting dignitary will be visiting from Cameron and they are wondering about a resolution/proclamation to honor his appearance. • Williamson said the Legislature is including something from the League of Cities to exempt local governments from sales tax for purchases. He said local governments find it difficult to tax (property) and then turn it back over and it seems like a foolish anomaly. He said should it pass the usual effective date is August 1st. He said his thought is the streetlight project coming up could be $24-30,000 and he thinks some discussion should be had with the contractor, not to slow down the project but to add a punch list 45-60 days before they issue the invoice so that the invoice is dated August 2nd He thinks planning should be thought about if this passes tonight. • Hughes said he'll be voting on the LMCD budget and wonders about feedback. b. City Administrator — Tolsma said regarding the street light project is on hold waiting on Miller Bernd to give final approval on shop drawings with minor modifications. He said the precon meeting is on hold until the drawings are finished. Reinhardt said she has expressed her concern that this is bogging down. Hughes said two of the lights already removed in front of the Marina Shopping Center, the lights are physically in the sidewalk and the bases were discussed being removed as an as -needed basis and he thinks they need to be removed. Tolsma said the process for reviewing foundations has been discussed with Barr Engineering acting as the third party reviewer on every foundation and if there's a question, Barr Engineering, MFRA and city staff would make the determination. Sippel asked if everything comes down first and then the foundations are examined versus one -by -one. Tolsma said that's the process that will be discussed at the upcoming meeting. c. City Engineer d. City Attorney e. Utility Superintendent — Tolsma said the summer helper will be starting next Tuesday. Williamson wondered if that should be approved by resolution. Reinhardt asked Tolsma to check with Beck on this. 13. UPCOMING MEETINGS & TRAINING a. May 21, 2013 — LMCC — 5:00 PM — Williamson corrects the time to 5:30. b. May 22, 2013 —Fire Commission — 11:00 AM • c. May 22, 2013 — LMCD — 7:00 PM d. May 28, 2013 (Tuesday) — Work Session — 7:00 PM e. June 3, 2013 — City Council — 7:30 PM 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 4 corrected f. Reinhardt would like added the guided tour for the Westonka Historical Society at June 15, 9 a.m. Sippel wonders if this is for council persons and their families. Myers said • yes, families are welcome. 14. UNFINISHED BUSINESS 15. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Sippel asked about the $500 cost for the ad in the newspaper. He thought it was a lot. He wonders in the future if this can be posted elsewhere for no cost. Williamson asked about League of MN Cities Insurance Trust. He wonders if that is for all the premiums for one year. Tolsma said workers' compensation is a separate policy. Tolsma will double check if this is everything. Tolsma said it is an annual payment. Williamson makes a motion and Hughes seconds to pay the bills. All votes ayes, motion carries. 16. MISCELLANEOUS (Information Only) a. 2013 YTD Building Permit Report b. Three Rivers Park District Press Release c. Westonka Historical Society Newsletter • Hughes mentioned flushing fire hydrant conversations in past meetings. He spoke with Goman about maintaining those hydrants and that they are not actually flushed all the time. Goman said he has a process where he charges a hydrant but doesn't flush them but he also lubricates. Williamson thanks Tolsma for the building permit update. Tolsma said there is a lot of repair being done at Bayview Apartments. 17.ADJOURNMENT — Hughes makes a motion and Williamson seconds to adjourn at 9:07 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake 91l1innetonka 1. PUBLIC WORKS DISCUSSION 7:00 — 8:00 a. Included is a staff memo for review. CITY OF SPRING PARK WORK SESSION AGENDA MAY 28, 2013 — 7:00 PM SPRING PARK CITY HALL 2. INTERNET CONNECTIVITY & IPAD DISCUSSION 8:00 — 8:15 a. Included is a copy of the minutes from the April administration committee meeting (see item 3) where the members discussed the benefits and concerns about the use of iPads. The committee agreed at that time to bring the issue to the entire council for further discussion. 3. CONSERVATION RATE BILLING SAMPLE 8:30 — 8:45 4. INFORMATIONAL DOCUMENTS a. Mound Fire Department Press Release b. Memo Regarding MNSPECT • 5. MISCELLANEOUS • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK WORK SESSION MINUTES MAY 28, 2013 — 7.00 PM SPRING PARK CITY HALL On Lake .Minnetonka Attendance: Reinhardt, Hughes, Williamson, Bren, Sippel, Tolsma, Lewin, Pearson, Beck, Goman. 1. PUBLIC WORKS DISCUSSION 7:00 — 8:00 Included is a staff memo for review — Reinhardt said there is a memo with background info and options. She said in evaluating the options, building goals need to be established. She said there is still storage below city hall and the size of the new building needs to be adjusted accordingly. Hughes asked about the area to the south of city hall as it was previously discussed and he wonders why that isn't an option now. Goman said it can't be utilized because of the 50' radius from the well head location. Reinhardt asked the council for their thoughts on building usage and needs. Reinhardt wonders what is going to be performed. Goman said two buildings, downstairs city hall would be cold storage and the other building for everything else. Sippel thinks the other building should be for both storage and a workshop so there is no conflict. Bren said she thinks a building should be constructed, she thinks public works needs a workshop. She thinks it's important and she thinks Goman does a good job • and he needs some central place for his job duties. She's undecided about where the building is located. She is also uncertain about size of building. She said she did some checking on the neighboring property owned by Bremer (4365 Warren Ave). She believes property price cannot be based upon the amount of revenue generated. She wonders about an independent appraiser to help establish a reasonable market price. Reinhardt said there is the eminent domain process. Williamson said he is uncertain the more he studies this. He said he was very interested in purchasing the Norling property and leasing it back to Norling. Williamson said he thought it was good timing as Norling has indicated he is preparing to get out and retire. Goman said Norling doesn't need the old carwash (4332 Shoreline Dr) facility to conduct his business. He said Norling chooses to continue to use the old site for the oil changes and dirty jobs. Hughes doesn't want to rush into anything. He likes the idea of leasing Norling's property for a year with perhaps a future purchase. He said it buys some time to evaluate the needs. Reinhardt said she wasn't in favor of leasing in the beginning but she is now seeing the benefit of this. Reinhardt likes the idea of going slowly on this and she would like to continue to pursue exploring the adjacent Bremer property. She feels the tennis court location is not optimum. Goman said he goes back and forth too. He said the property next door has elevation difficulties. Reinhardt believes an offer should be tested for both properties. She likes the idea of purchasing the vacant lot (4373 Warren Ave) and it puts more pressure on the Bremer property. She said the property could be rezoned to public. Hughes thinks a rental ordinance might be enough incentive for the Bremer property to consider a sale. Williamson said eminent domain involves a lot of processes. He said there will be costs involved and it's usually better to negotiate. Beck said it depends upon the comprehensive • plan and there can't be spot zoning. Williamson said there can be a plan amendment. Goman asked if the council wants to eliminate any of the four options. Sippel is not in favor of acquiring any properties. He feels there is adequate property available without buying. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 Reinhardt said she thinks the tennis court property is under utilized but she wouldn't want to live on a street that has public works. Hughes said the health issue in the lower level needs to • be dealt with. Reinhardt doesn't believe the city is looking at future expansion of duties. Goman said it would be nice to have flexibility to evaluate the use and needs of the public works shop. Goman said from an ease of access, the property adjacent is the best. Goman is not in favor of using Wilkes Park. He said it's too residential. Sippel said he's not totally against acquiring property he just doesn't want to pay inflated prices for it. He also thinks property needs to be square versus long and narrow. Sippel said he thinks the pursuit of Norling's property is the best way to go and then spend time to evaluate the needs. Beck said no offers should be made for purchasing property until an independent appraisal is done. She said a real estate agent could be consulted to get an idea of pricing based on comparable sales. Reinhardt suggests pursuing a lease with Norling and having Beck investigate negotiating options for the adjacent property. Reinhardt said what she is hearing is to pursue a lease with Norling and the other properties aren't discarded. She said the second component is to figure out a process about establishing market values for negotiation. She said the old SA site (3701 Sunset Dr) could also be reconsidered as a potential site. Goman said that would be his first choice. He said the shell of the building is in good shape. He said the roof is intact but they haven't been inside. He recommends a site visit and getting inside the building and get assessments from building and mechanical contractors. Reinhardt suggests a third staff directive to attempt access to the SA property and have contractors' evaluations. Beck thinks pursuing the Norling lease is the obvious first step. a 2. INTERNET CONNECTIVITY & IPAD DISCUSSION 8:00 — 8:15 Included is a copy of the minutes from the April administration committee meeting (see item 3) where the members discussed the benefits and concerns about the use of iPads. The committee agreed at that time to bring the issue to the entire council for further discussion. — Reinhardt said the April Admin committee meeting was discussing the IPad usage and whether the council is interested in pursuing paperless. Reinhardt said in the beginning two council members didn't have internet access but it has been fixed since then. She said the monthly charges for the data being used is high because it's currently a high-priced plan. Hughes likes having his laptop with him and likes reduction of paper. Reinhardt said she's happy Williamson has e-mail and thinks it's very important. Sippel said it would cheaper to buy internet at home and use Wi-Fi. Tolsma said there is such a thing that an internet service could be offered but it could be waived. Reinhardt wondered if the city could come up with a city policy to provide for internet service for its council members. She would be okay with coming up with a policy perhaps based upon income levels. Williamson said either that or a blanket stipend. Beck said staff time for preparation of the packet and paper costs could be factored. Reinhardt asked for staff directive and said she would be in favor of exploring internet access to council members who meet affordability measures. Beck said she'll do some research on this. 3. CONSERVATION RATE BILLING SAMPLE 8:30 — 8:45 —Reinhardt explained there was a blurb added to the bottom of the utility bill explaining the tiered conservation rates. Sippel said it's good but he would rather see each line item itemized out. He also said these are just water • rates and over half the bill is sewer rates so he would like to see detail for sewer. Sippel said the minimum charge per quarter could be rephrased as base fee or per meter or per unit. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Sippel thinks if the water rates are being calculated out per the tiers, it should be able to be printed that way. 4. INFORMATIONAL DOCUMENTS a. Mound Fire Department Press Release — Recent activity. b. Memo Regarding MNSPECT —Reinhardt said there was some nice feedback about Mnspect's building services. 5. MISCELLANEOUS — Goman said the recent water tower work is related to antennae contracts. He said Sprint is doing an upgrade going from 3G to 4G service. Goman said this was supposed to be a two day project and they are now on week three. Williamson asked if they are replacing or adding. Goman said they're adding three new antennae and will be removing six. Williamson is concerned about the structure integrity. Goman said this project started a year ago. He said KLM engineering has been hired to do the inspections and it is billed back to Sprint. He said there have been weather delays. Goman said he was on call this weekend and there was a failure of well number three. He said it was the variable frequency drive on wells one and two. He said the electrician was in on Sunday morning. He said the parts cost is in excess of $6, 000. They are out of warranty and there were no weather related problems. Goman said on the banners and Christmas decorations a complete count was taken for what is needed for every pole. Originally it was at 17 and they are now up to 23. They previously didn't factor in the poles that were taken down and three additional poles in front of the Mist. Goman said the CR 15 corridor has a light on every pole now. He said it brought the unit cost price down. Williamson said since this is related to new light poles, the cost should be added to the new light poles so they are spreading the costs. Hughes said on 1 phones and Androids Hennepin County can send a text message or e-mail to your phone. Regarding the potential dynamic sign co -owned with Hennepin County Water Patrol, Williamson thinks prices, dimensions, features, location and operating costs should be sought. Goman said he has a preliminary design but dimensions need to be worked out. He said there is grant funding available and he was maybe going to be able to talk with Eric Waage. The grant funding request is due the end of June. Sippel said it's important to determine who owns the messaging. Hughes said that does come into play. Reinhardt said the city would like to control the message and Hennepin County and Westonka Schools send the city their requests. Adjourn Meeting at: 9:05 p.m. • Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 0 SPRING PARK On Lake 911inneton a 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA CITY OF SPRING PARK CITY COUNCIL AGENDA JUNE 3, 2013-7:30 PM SPRING PARK CITY HALL a. City Council Regular Meeting Minutes from May 20, 2013 b. Work Session Minutes from May 28, 2013 7. PUBLIC FORUM a. Kathy Sallas — Trailer Use For Advertising 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator • C. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. June 6, 2013 — LMCD 2014 Budget Public Meeting — 11:00 AM b. June 12, 2013 — Full Police Commission — 8:00 AM c. June 12, 2013 — Administration Committee — 11:00 AM d. June 12, 2013 — Planning Commission — 7:00 PM e. June 12, 2013 — LMCD — 7:00 PM f. June 13, 2013 — Spring Park Police Commission — 10:00 AM g. June 15, 2013 — Westonka Historical Society Open House — 9:00 AM h. June 17, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. Metro Cities 2013 Legislative Session Summary 16.ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL MINUTES DUNE 3, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake ibfinnetonG,a 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 pm. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt, 3. INTRODUCTIONS - Reinhardt introduced the council and staff to the viewing public. Attorney Beck, Administrator Lewin Tolsma, Clerk Lewin 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA - Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA - Sippel makes a motion to adopt the consent agenda with the changes and Bren seconds. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from May 20, 2013 Hughes had Clerk Lewin read aloud his corrections to these minutes. b. Work Session Minutes from May 28, 2013 7. PUBLIC FORUM a. Kathy Sallas — Trailer Use For Advertising •Reinhardt said there was expectation of a resident to appear about advertising on trailers for advertising purposes. Reinhardt said they will set this aside to see if the resident appears. (Resident did not appear before the council): Reinhardt said the resident lives in Lakeview Lofts and stated at one time there were three trailers parked in the lot. Reinhardt wonders if this is something to go to the Planning Commission for discussion. Sippel said he would be in favor of giving this to the PC for reconsideration because this was previously discussed a few years ago. He said they found the biggest thing is enforceability. He said this is a local business but he's more concerned about other businesses coming in and parking in that spot. Sippel said it would have to be clear when there are legitimate construction trailers at job sites, they would not be restricted. Hughes mentions the physical sign size and whether that meets the ordinance and he wonders about outside sales and storage and perhaps this could be explored for this. Sippel said he wouldn't limit it to just trailers; he would say any type of vehicles should apply. Williamson said there is a difference between a motorized vehicle and a stationary trailer. He agrees that property owners have rights but so does the city. Reinhardt said she directs staff to bring this to PC. Sippel said The Mist and Lakeview Lofts is zoned commercial so this might be partially brought on by the city. 8. PRESENTATIONS & GUEST SPEAKERS — None. 9. PETITIONS, REQUESTS & APPLICATIONS -None. 10.ORDINANCES & RESOLUTIONS - None. 11. REPORTS OF OFFICERS & COMMITTEES • a. Mayor and Council — Reinhardt said former Councilmember Jackie Stone recently passed away of lung cancer. Reinhardt said Stone applied for a council opening and she put aside her health issues and served the city these last few years. Reinhardt said internment will be in Wisconsin and there will be a celebration of life at a date to be 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 determined. Reinhardt expresses the city's and council's sympathy and condolences to family and friends. . b. c. City Administrator — Nothing. City Engineer - Nothing. d. City Attorney - Nothing. e. Utility Superintendent — Reinhardt asked how the new part-time helper is working out and Tolsma said he's doing well. He learns fast and is very conscientious about his work. 12. UPCOMING MEETINGS & TRAINING a. June 6, 2013 — LMCD 2014 Budget Public Meeting — 11:00 AM b. June 12, 2013 — Full Police Commission — 8:00 AM c. June 12, 2013 — Administration Committee — 11:00 AM — Reinhardt said she might need to change the time but she'll let Tolsma know. d. June 12, 2013 — Planning Commission — 7:00 PM e. June 12, 2013 — LMCD — 7:00 PM f. June 13, 2013 — Spring Park Police Commission — 10:00 AM — Reinhardt said that's the day after the full police commission meeting so this one might be scratched. g. June 15, 2013 — Westonka Historical Society Open House — 9:00 AM h. June 17, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Hughes makes a motion and Sippel seconds to pay the bills. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. Metro Cities 2013 Legislative Session Summary — Reinhardt said this is an outline of • important legislation that either passed or didn't pass. b. David Osmek, our state senator is here this evening and asks for a moment to speak to the council. He said he was born and raised in Glencoe. He attended Morehead and St Cloud State University. He said he lived in Spring Park for a while and moved to Mound. He was a city council member in mound for 11 years. He serves on the Public Safety and Transportation, Economic Development, and Environment and Energy committees. He said he plans on attending a council meeting at least once a year and he represents 33 cities. He also invites the council to contact him with any issues. Reinhardt asked his impression of the session. Osmek said he didn't expect to spend 17 hours on one bill. He didn't expect some policy things that were coming up. He was supportive of and did work with Senator Latz to get the BCA database back into their budget. He said there are a lot of tax increases and he's not interested in raising taxes. Hughes asked Osmek about the process with cleaning the lake of AIS. Osmek said that is under the MCWD. He said they look at global graphing to figure out where things happen. He said there are grants that could be provided to clean up the lakes and runoff is an issue they are working on. Hughes asked about a new program to start in 2014 to make those who violated the milfoil laws take classes for education. Osmek said he's not familiar with that. Williamson said he thought Osmek authored some energy bills; one removed the target dates of wind power and wanting to repeal the suspension of approval for nuclear reactors. He is wondering what the thinking was. Osmek said he wasn't the author of the wind power. He said Xcel and energy • producers are making progress. He said it's now a reasonable goal. He's not a fan of mandates because he feels the private sector will go in those directions. Osmek said he supports removing the moratorium because future planning needs to happen. He 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 said they need base load when the wind doesn't blow and the sun doesn't shine. He said in order to replace nuclear power plants the planning has to start now. He said a • consideration is nuclear waste. Osmek said research into storage is necessary and distribution generation. Williamson wants to urge Osmek to think about the nuclear storage and until there's a place to put the waste, it's just generating more problems. Sippel asked about the transportation committee. He wonders about the history on Hwy 394 and the two consolidated merges at Hwy 494 and Hwy 100 where they create choke points. He asked if there's a political reason for this. Osmek said he's meeting with Mndot and he will ask that question. Osmek said he's working with Mndot to remove the car pool lane to open it up to more traffic. • Reinhardt thanked Osmek for his attendance at the meeting. • Sippel said the sales tax did pass but doesn't take effect until January 1St and it doesn't work for the city for the street lights project. Tolsma said the shop drawings are now done and been finalized. He said a precon meeting should be happening relatively soon. Reinhardt asked what is holding it up and Tolsma said there's nothing that's really holding this up. She said hopefully they're making the lights right now. • Hughes asked about an update with city hall public works alternative site. Tolsma said all of the nuisance -creating equipment was moved today. He said the terms of the temporary site agreement will be worked out with Norling. Tolsma said there will be a walk thru conducted because Norling still needs access to the space on occasion. • Williamson said he's noticed a number of flags on the light poles are wrapped and tangled. He feels if the flags are up and going to remain up, someone with pole should untangle those flags. Tolsma said with the streetlight project the new flag poles will have anti -twirl bearings so they can twirl freely. MADJOURNMENT — Williamson makes a motion and Hughes seconds to adjourn at 8:13 pm. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Ir IF .,p CITY OF SPRING PARK CITY COUNCIL AGENDA JUNE 17, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from June 3, 2013 b. Administration Committee Minutes from June 12, 2013 c. Draft Planning Commission Minutes from June 12, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS a. Municipal Separate Storm Sewer System (MS4) Annual Public Hearing 10.ORDINANCES & RESOLUTIONS a. Resolution 13-15: Proclaiming June 20, 2013 Awing Day In The City Of Spring Park 11. REPORTS OF OFFICERS & COMMITTEES • a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. June 18, 2013 — LMCC — 5:00 PM b. June 19 — 21, 2013 — LMC Annual Conference (City Administrator Attending) c. June 20, 2013 — Visit From HRM Fon Fozoh II — 11:15 AM d. June 24, 2013 — Work Session — 7:00 PM e. June 26, 2013 — LMCD — 7:00 PM f. July 1, 2013 — City Council — 7:30 PM g. July 4, 2013 — City Hall Closed h. July 5, 2013 — City Hall Closed (Needs council approval, would not be a paid vacation) 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. April Financial Report b. May Financial Report c. Police Department Compliance Checks d. Fire Department Press Release • e. Fire Department May Activity Report f. 2012 Metropolitan Council Population Estimate 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake W innetonka CITY OF SPRING PARK CITY COUNCIL MINUTES JUNE 17, 2013 — 7.30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Engineer Pearson and Attorney Beck. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA - Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Hughes wants to comment on the Planning Commission minutes and to compliment them on crafting the alternate energy ordinance. He said Chair Hoffman has an interest in this topic and the commission has done a good job researching this. Sippel makes a motion and Bren seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from June 3, 2013 b. Administration Committee Minutes from June 12, 2013 07. c. Draft Planning Commission Minutes from June 12, 2013 PUBLIC FORUM — None. 8. PRESENTATIONS & GUEST SPEAKERS - No one. 9. PETITIONS, REQUESTS & APPLICATIONS Municipal Separate Storm Sewer System (MS4) Annual Public Hearing — Engineer Pearson referred to a document from 2006. He said SWPPP and MS4 are acronyms developed for the permit. He said this document was prepared from action under the Clean Water Act from 1972. He said the Phase 1 program was for a permitting process for discharge from industrial sites. He said this did not apply to Spring Park but with Phase 2, in 1999 Spring Park was required to develop a document to meet the requirement. Pearson said the permitting program is administered by the MPCA. He said it is to maintain the integrity of Lake Minnetonka through stormwater runoff and is coordinated regionally by the MWCD and the LMCD. Pearson said a city must complete an annual report and hold an annual public hearing. Williamson said since this is a public hearing he wondered if it was published and Tolsma confirmed. Williamson said this was because sanitary and stormwater systems were at one time combined and this created problems. Williamson said Spring Park has been proactive on this. He said the city has put in rain gardens, retention areas, sediment basins and increased street sweepings. Reinhardt said there is a total maximum daily load (TMDL) and allocations of nutrient and phosphorous requirements. She wonders how this plan addresses when new requirements are added. Pearson said this permit has been reconsidered and a new permit will be issued in August and TMDL will be part of the new permitting process. Williamson said there needs to be allocation between city and county efforts. • Reinhardt opens the public hearing at 7:42 pm. No one here from the public. The council has no further comments. The public hearing is closed at 7:43 pm. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 K Reinhardt asked for council action and Tolsma said there isn't any action required. Pearson stated the annual report will be out at the end of June and the new permit will be issued in August. Pearson added regarding illicit discharges there were no illicit discharges in 2012, which is good news for Spring Park. 10.ORDINANCES & RESOLUTIONS 11. Resolution 13-15: Proclaiming June 20, 2013 Awing Day In The City Of Spring Park — Reinhardt said foreign dignitary fro Awing Cameroon will be in Spring Park this Thursday. She said it is an honor to have them here and is hoping for the council to help recognize this event. Williamson makes a motion and Hughes seconds to adopt Resolution 13-15. Hughes asked if the local newspapers have been notified and Reinhardt said she has sent a note. All votes ayes, motion carries. Hughes wondered if they should arrive early to go through protocol. Reinhardt explained there is protocol to follow so it would be a good idea to arrive early. 12. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — Reinhardt said Tolsma, Bren and she attended the Police Commission meeting. She said they are starting their budget process. She said there is a 15.17% to 15.33% with no increase in budget. She said there is potential for an increase due to PERA and union costs. She said liability insurance has increased and fuel increases. She said ***Left off here***potentially there could be a 1-3% increase. Hughes said the LMCD did pass the 2014 budget and it was the number one proposal the money for the chemical bay treatment, the less expensive option. Williamson said dealing with the cable commission he's more aware of the poor condition of the pedestals in the public right-of-way. He said they should be in reasonable condition. They get bumped in the winter months but right now there is an inordinate number in bad shape in the city. He said the worst is the stretch in front of Pres Homes. He asks that the city staff contact Mediacom and then Williamson as • representative will back this request up. Hughes comments that it should be along the entire corridor. a. City Administrator - b. City Engineer - c. City Attorney - d. Utility Superintendent 13. UPCOMING MEETINGS & TRAINING a. June 18, 2013 — LMCC — 5:00 PM b. June 19 — 21, 2013 — LMC Annual Conference (City Administrator Attending) c. June 20, 2013 — Visit From HRM Fon Fozoh II — 11:15 AM d. June 24, 2013 — Work Session — 7:00 PM e. June 26, 2013 — LMCD — 7:00 PM (Hughes said this could be subject to cancellation.) f. July 1, 2013 — City Council — 7:30 PM g. July 4, 2013 — City Hall Closed h. July 5, 2013 — City Hall Closed (Needs council approval, would not be a paid vacation). Reinhardt said this was discussed at Admin Committee. Williamson wants to emphasize there is no cost to the city nor any impact to the budget as this would be considered employee vacation time. Bren makes the motion and Hughes seconds to close city hall on July 5th. All votes ayes, motion carries. 14. UNFINISHED BUSINESS 15. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Hughes/Sippel • 16. MISCELLANEOUS (Information Only) a. April Financial Report - b. May Financial Report - 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 • • c. Police Department Compliance Checks — Reinhardt said liquor license compliance checks have passed. d. Fire Department Press Release - e. Fire Department May Activity Report - f. 2012 Metropolitan Council Population Estimate — 1673 is the 2012 estimate for the population. 17.ADJOURNMENT — Sippel makes a motion and Hughes seconds to adjourn at 7:55. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake Yinneton a • • CITY OF SPRING PARK WORK SESSION AGENDA JUNE24, 2013-7:00 PM SPRING PARK CITY HALL 1. GIS PROGRAM DEMONTSRATION 7:00 — 8:00 a. Included for council review is a proposal from MFRA to provide geographic information systems (GIS) services for the city. Paul Pearson from MFRA will be at the meeting to discuss the proposal in detail. Additionally, one of MFRA's IT employees will be in attendance to do a demonstration of the key features and applications that staff are interested in implementing for the city. 2. INFORMATIONAL DOCUMENTS a. Spring 2013, Fall 2012, & Spring 2012 Cleanup Details Showing Quantities 3. MISCELLANEOUS 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK WORK SESSION AGENDA JUNE 24, 2013 — 7:00 PM SPRING PARK CITY HALL On .Cake Winnetonka Attendance: Reinhardt, Williamson, Hughes, Bren, Sippel, Attorney Beck, Engineer Pearson and Kirk Mohs, City Staff Tolsma, Lewin and Goman. 1. GIS PROGRAM DEMONTSRATION 7:00 — 8:00 a. Included for council review is a proposal from MFRA to provide geographic information systems (GIS) services for the city. Paul Pearson from MFRA will be at the meeting to discuss the proposal in detail. Additionally, one of MFRA's IT employees will be in attendance to do a demonstration of the key features and applications that staff are interested in implementing for the city. Paul Pearson said at the May 8t council meeting it was decided a demonstration would be worthwhile therefore a representative from MFRA is here to discuss. Kirk Mohs of MRFA said it is attribute driven technology for information collection of infrastructure, fixed features and other. Mohs said the city has already investigated some of the available software and decided they liked a product called TerraGo. Sippel explained it's a series of overlays superimposed over a base map. Reinhardt asked how much of Spring Park is already in digital form. Mohs said the sanitary sewer and the water main is in a GIS format as well as water main services to the properties and some storm sewer catch basins. Pearson said the focus is on sewer and water. Mohs said TerraGo's prime objective is to improve the productivity of the worker who relies upon the maps while capturing and sharing real-time intelligence. He said maps can be marked up to personalize and they are very collaborative based. He said Adobe is used. MFRA does not have the full version of TerraGo. Mohs said the objective is to do away with paperwork. He said updates are date -stamped and indicate who the creator and user is. Goman said it captures historical data. Reinhardt said she's not convinced this is the route to go for the property files. Pearson said this eliminates rolls of plans being transported. Pearson said $3,000 is the initial payment and $1,000 annual cost. Reinhardt asked about other costs. Mohs said the software needed is a free Adobe toolbar. Hughes asked where the data is stored and Mohs says it's stored in one PDF and it can be loaded on a thumb drive or downloaded from MFRA. Williamson is concerned about backups of data and Goman explained there are duplicates between the city and MFRA. Hughes asked if MFRA's server is backed up and Mohs said it was. Williamson is also concerned that field updates are tracked as they occur referencing the Spring Street changes that weren't documented and discovered during the development of Lakeview Lofts. Reinhardt would like to know a little more detail about interactive changes and how it's managed so changes are not lost. Pearson said the annual maintenance cost is for updating TerraGo's system. He said the actual data entry is additional costs depending on what's added. Williamson said there is concern there will be additional costs and the unknown of • those costs. Goman said it's already been budgeted and they are currently being paid out now. Williamson asked who else has this in the lake area. Goman said many cities use a type 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 of system that is similar but even more expensive Cadillac versions. Williamson wants more information about costs related to manage this plan. * 2. INFORMATIONAL DOCUMENTS a. Spring 2013, Fall 2012, & Spring 2012 Cleanup Details Showing Quantities Reinhardt said this was presented to just stay updated on this. Sippel said he was surprised at how low the fall pickup was. 3. MISCELLANEOUS — Goman recapped this past weekend's events. He said power was lost and wires were down. Streets were swept on Monday morning for the debris. Goman said a tree was removed on Shoreline Drive that was split. He said there still is a list of work to be done on several of the streets. Goman said there was a lift station that was out of power on Channel Rd. He said there is some reserve service time available but as they were preparing to hook up the generator, the power came back. Williamson wondered about responsiveness during a weekend. Goman said it goes through HC dispatch and there is a priority list involving police, fire and Orono public works established. Williamson asked who has the authority to hire the contractors and Goman said himself and Orono public works if they are on call. Adjourned 8:55 pm • Dan Tolsma, Administrator • Wendy Lewin, City Clerk 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL AGENDA JULY 1, 2013 — 7.30 PM SPRING PARK CITY HALL On .cake 9dinne 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from June 17, 2013 b. City Council Work Session Meeting Minutes from June 24, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10. ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator i. Sidewalk Repair Discussion • c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. July 4, 2013 — City Hall Closed b. July 5, 2013 — City Hall Closed c. July 10, 2013 — Administration Meeting — 11:00 AM d. July 10, 2013 — Planning Commission — 7:00 PM e. July 10, 2013 — LMCD — 7:00 PM f. July 11, 2013 — Joint Council / MN Department of Health Staff Work Session — 7:00 PM g. July 15, 2013 — Council Meeting — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION • a. Bills & Payroll 15. MISCELLANEOUS (Information Onl a. Liquor Licenses b. Cigarette License c. 2014 LMCD Adopted Budget 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL MINUTES JULY 1, 2013 - 7:30 PM SPRING PARK CITY HALL On .cake -141inneton 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7.30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Engineer Pearson, Attorney Beck 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Sippel makes a motion and Hughes seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from June 17, 2013 b. City Council Work Session Meeting Minutes from June 24, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS None. 9. PETITIONS, REQUESTS & APPLICATIONS None. 10.ORDINANCES & RESOLUTIONS - None. Williamson wonders if liquor licenses are typically • approved by the council. Lewin stated they are signed and approved by the State of Minnesota but she will check what the council's past practice has been. 11. REPORTS OF OFFICERS & COMMITTEES Mayor and Council — • Reinhardt said she was approached by a Boy Scout wanting to do a project for Spring Park for his Eagle Scout. She said she forwarded the request to staff. Reinhardt said the project must produce public value. Hughes said he wondered if the Planning Commission acting as the park board would be interested. Williamson recommends this be brought up at their next meeting. • Hughes said the LMCD almost issued a high water alert as the lake level is 930 plus and, if it stays at 930 for eight consecutive days, they must issue a high water warning. He said it's recently dropped to the 929.8 mark. He said it's still important for lake users to be considerate. a. City Administrator - Sidewalk Repair Discussion — Tolsma said Hughes raised the concern about sidewalk repair in certain areas. Hughes wondered about a change order to the streetlight project. Tolsma said this was discussed at the preconstruction meeting and discussed with Granite Ledge and they would be willing to do it but pricing is dependent upon the scope of work. Hughes asked about hiring a private contractor and bundling it all together. Hughes said the sidewalks in front of Presbyterian Homes to the Marina Center are in poor shape. Williamson said the photos dramatize the problems. He said it could be difficult for the elderly and bicyclists. He said this should be proactive and something should be done. Williamson asked if Granite Ledge is • doing the concrete work or are they subcontracting it out. Tolsma said Granite Ledge would be doing their own concrete work on this project. Williamson asked if there are other areas that need repair and getting a broader view of what is out there. He 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 wonders about curb replacement and perhaps contacting the County about this. Reinhardt said the safety concerns are important however, she is concerned about slowing up the streetlight project. Williamson said he doesn't want to co -mingle the two . projects because he thinks it should be clear what the street lights actually cost. Tolsma said there is an annual, stand alone line item in the budget for sidewalk maintenance. He said they could bump that amount up in anticipation of this needed maintenance. Reinhardt said it might be worthwhile to hear from Spring Park's concrete contractor to see what an estimate would be. Williamson asked about the County's involvement and Tolsma said he checked and the sidewalks are the sole maintenance of the city. Sippel said for a few sidewalk panels, it doesn't make sense to bid it out separate but it's worth the call for comparison. Hughes said he thinks it's more like 15- 17. Sippel said this shouldn't slow the streetlight project because sidewalks typically come last. b. City Engineer — Nothing. c. City Attorney — Nothing. Williamson asked about the changes in state law as it may impact anything the city does. Beck said she's going to a seminar and she'll provide an update. Williamson asked Tolsma if he's had a chance to identify capital cost items whether in the operating fund or utility proprietary funds that are going to save money with the elimination of sales tax costs. d. Utility Superintendent — Nothing. 12. UPCOMING MEETINGS & TRAINING a. July 4, 2013 — City Hall Closed b. July 5, 2013 — City Hall Closed c. July 10, 2013 — Administration Meeting — 11:00 AM — Reinhardt wonders if the summer • months could be changed to 1 PM. Tolsma said it works. d. July 10, 2013 — Planning Commission — 7:00 PM e. July 10, 2013 — LMCD — 7:00 PM f. July 11, 2013 — Joint Council / MN Department of Health Staff Work Session — 7:00 PM g. July 15, 2013 — Council Meeting — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Williamson makes a motion and Hughes seconds to pay the bills. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) — Reinhardt stated Orono Police have conducted compliance checks and all licensed establishments in the city passed. a. Liquor Licenses — Williamson wants to make a motion to confirm staff actions in reissuing all the liquor and cigarette licenses for on and off sale liquor to Lord Fletcher's, MGM and Tonka Grille and BBQ and Cigarette licenses. Hughes seconds. All votes ayes, motion carries. b. Cigarette License c. 2014 LMCD Adopted Budget Hughes asked how the Norling lease for the off site building is working out. Tolsma said Goman thinks the space constraints may be difficult. Hughes wondered about signage so residents know about this alternative site. Reinhardt said she thinks since it's temporary she doesn't want to encourage residents to stop in thinking this is a public works facility. Williamson asked about the lease. Tolsma said the lease is twelve months starting June 1st and then renewable every three months thereafter. Williamson asked about outside storage and things that could lead to misunderstandings in the future. Sippel asked about any further research on appraisals on adjacent property and talking with the SuperAmerica site. Tolsma 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 3 • said that has been put to the August schedule since there is a little time now. Tolsma said July will be busy with budget items. Sippel asked about the street light preconstruction meeting and wondered about a start date. Tolsma said the hope is for the first week in August. He said the contractor doesn't think the project will be difficult. There is an unknown about the underground wiring however. Sippel asked about noticing the county about traffic control. Tolsma said the county was at the meeting so it is being worked out. 16.ADJOURNMENT — Hughes makes a motion and Bren seconds to adjourn at 8 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK SPECIAL MEETING AGENDA JULY 11, 2013 — 7 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka Water Contaminant TCE Informational Meeting with MDH and MPCA. 2. Misc. • • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK SPECIAL MEETING MINUTES JULY 11, 2013 — 7 PM SPRING PARK CITY HALL SPRING PARK On Lake Minnetonka Special Council Meeting with representatives of the MN Department of Health ("MDH") and MN Pollution Control Agency ("MPCA") — MPCA Update on Minnetonka Lakeshore Advance Machine Site Power Point Presentation. Attendance: Reinhardt, Williamson, Hughes, Bren. Sippel excused. Administrator Tolsma, City Clerk Lewin, Utility Superintendent Goman, Attorney Beck. Guests: Doug Beckwith, MPCA; Rick Jolly, Hydro geologist, MPCA; Ike Bradlich MDH; Jim Kelley, MDH; Ginny Yingling MDH; Steven Kelly and Aaron Baker both with Nilfisk Advance Machine. Rick Jolly said this is about the previous Advance Machine site located at West Arm Drive. He said initially the site was developed by Streater Industries and they manufactured wood products. Advance Machine, manufacturers of large industrial floor cleaning equipment, operated on the site between 1958-1987. The site was then sold for redevelopment. He said during demo of the Advance Machine facility there were underground storage tanks removed. Jolly said a soil and ground water �estigation was conducted and trichloroethylene ("TCE") was discovered. A search for responsible rties was launched and Nilfisk Advance Machine was identified. Nilfisk joined the MPCA Voluntary Cleanup Program. Contaminated soil was removed from the site during construction of West Arm Townhomes. Groundwater monitoring wells were installed and a water treatment plant was constructed. Jolly said because the city is on a municipal water supply the clean up goal was based on surface water standards. He said the pump and treat system installed in 2003 is deemed to be an adequate system. Clean treated water is discharged from the treatment plant into the lake during non -winter months. Reinhardt wondered if the discharge could run all year round versus in just non - winter months, and it would be a possibility if dangers of thin ice could be dealt with. Jolly said, in the future there will need to be additional access to properties at West Arm Townhomes for monitoring purposes. Jolly shows a slide illustrating the groundwater concentrations. He said there is some long-term leaching. He said there has been over 1200 Ibs of TCE removed since April, 2004. Jolly said this is going to be a long-term pumping effort. Hughes wonders what is meant by long-term and Jolly said at least ten more years. Jolly also discussed the issue of vapor intrusion at the townhomes. He explained vapor intrusion is simply migration of contaminant vapors from sources (water and soils) upwards through soil space. He said it is the same as Radon except Radon is naturally occurring from minerals. He said a vapor intrusion investigation was launched in 2006 and initially eleven townhomes were sampled for soil gas concentrations. One was found to be above the indoor screening value. A sampling plan was developed for evaluation and mitigation has been offered to all the townhomes. To date, 13 qnhomes have accepted the mitigation system, some have said no and some have not responded. CA will follow up with townhome residents in the future. Williamson asked about homes to the west of the townhome complex. Jolly said there will be testing to see how far this extends. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 Jim Kelly discussed the standards for TCE levels in groundwater. He said that previously the state recommendations coincided with the federal drinking water standard. MDH has recently issued a w guidance value for TCE's based on the completion of a 10 year study of health effects of TCEs. e purpose of the guidance value is risk assessment, not enforcement. He said the study is a thorough document about the toxicity of TCE and the report found there are additional health effects including immune system effects. Kelly said the risk remains low, however. Reinhardt asked if the guidance value will become a rule and Kelly said it might not be until 2015; however, the state guidance value applies only to private wells, the federal drinking water standard applies to community water supply systems. He said that the state TCE groundwater guidance values are threshold values and TCE levels above the values are still low risk. Ike Bradlich referred to a fact sheet that sums up everything discussed so far. He works with standards and violations and compliance. He does compliance monitoring and collects samples. Hughes asked where the samples were taken from - which well. Goman said it can be determined by dates. Williamson asked about the correlation with the date of rehabilitating the wells and the possibility of contaminants being disturbed during that process. He said it's quite coincidental that the dates are close. Bradlich doesn't believe well rehab work affected the test results. He said right now, based on the findings, sampling can go back to annual monitoring instead of quarterly monitoring. Reinhardt said the city also tested each of the city wells and the results differed from the MDH results, well two in particular was significantly lower. Bradlich said he didn't know why the test results were different. It was determined the range of accuracy of the MDH test is 30% plus or negative. Ginny Yingling spoke about Spring Park's aquifers. She said there is no evidence of faults in the bedrock. She said if they do exist it may disrupt the shale layers and they might not be as competent they should be. She said the contamination may be following the underground sand valleys. She id there is currently no direct evidence that links the source of TCEs from the Advance Machine site to the city wells. Williamson asked about past practices with dumping of hazardous waste and its infiltration. Jim Kelly said there are contractors that are hired to do evaluations and address past practices with hazardous waste. Reinhardt asked about the probability that a source can be determined and the reliability of any determination. She wonders how much is science and how much is guessing. Beckwirth said it can be a dance. He said sometimes they don't find any obvious source. He said there is no one clear way of doing things. He said there are adjustments that need to be made along the way. Reinhardt asked how long this investigation to find the source would take. Jolly said a Phase 1 paper investigation takes about three months. He said they can try to collect information on their own to confirm or refute findings. Well surveys can be conducted to find preexisting wells and what happened to them, whether they've been properly sealed or not. Reinhardt asked about the city's responsibility to inform residents. Kelly said they will assist the city in informing the residents. It could be a newsletter article, it could be open house meetings. Williamson said accuracy is important and a statement about it's an area of concern. He's concerned about prematurity of notification until they know what the next step is. He asked the speakers for a timeline. Beck said there's been a lot of information presented and it needs to be absorbed. She suggested the council can begin a plan of next steps at the next work session. Adjourn at 9:20 p.m. • Dan Tolsma, Administrator Wendy Lewin, City Clerk 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake Yinne CITY OF SPRING PARK CITY COUNCIL AGENDA JULY 15, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from July 1, 2013 b. Administration Committee Minutes from July 10, 2013 c. Draft Planning Commission Minutes from July 10, 2013 d. Special Meeting Minutes from July 11, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10. ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council • b. City Administrator i. GIS Management Plan & Project Authorization ii. Streetlight Insurance Coverage iii. Eagle Scout List of Potential Projects c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. July 16, 2013 — LMCC — 5:00 PM b. July 22, 2013 — Work Session — 7:00 PM c. July 24, 2013 — LMCD — 7:00 PM d. August 5, 2013 — City Council — 7:30 PM e. August 8, 2013 — Spring Park Police Commission — 10:00 AM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) • a. June Fire Department Report 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 M10 CITY OF SPRING PARK CITY COUNCIL MINUTES J U LY 15, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER - Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Reinhardt introduces the council and staff to the public. Administrator Tolsma, Clerk Lewin, Engineer Pearson, Attorney Beck, Reporter Lorrie Ham. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. 6. ADOPT CONSENT AGENDA —Williamson corrects July 1st minutes, page 2, item c, typo, state saw should be law. Reinhardt wants to remove item 6d, July 11th minutes so the city attorney can review. Hughes makes a motion to adopt with the changes and Bren seconded. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from July 1, 2013 b. Administration Committee Minutes from July 10, 2013 c. Draft Planning Commission Minutes from July 10, 2013 7. PUBLIC FORUM — No one. •8. PRESENTATIONS & GUEST SPEAKERS — None. 9. PETITIONS, REQUESTS & APPLICATIONS — None. 10. ORDINANCES & RESOLUTIONS — None. 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — • Reinhardt said a letter was received from the Hennepin County Assessor's office for assessing fees and she said there has been a slight increase of about $600. • Reinhardt said she received a letter from City of Orono regarding the LMCC franchise agreement. Williamson said there is more to come on this. He said Orono had criticisms but they did negotiate a new contract. He said Orono is in violation of state law by not publishing twice and not holding a public hearing and instead just moved forward. Williamson said cable companies will not cross lines. He said whatever communication presented is not the end of the story and there is a demand for special meetings and Orono wants it both ways. • Hughes said LMCD lake level is 930.18 which declares high water. Hughes said the Watershed has a website for the local reading. Hughes said when the water gets this high, lakeshore erosion becomes a problem so he encourages boaters to watch their wakes. b. City Administrator i. GIS Management Plan & Project Authorization — Tolsma said the council has seen this before and he was directed to look towards safeguards and to keep it short and non bureaucratic. Reinhardt said the plan is set • out, she said this will be helpful for staff to pull up information on utility, street maps, etc. Williamson makes a motion to approve the GIS user agreement with the attached management plan staff has prepared. Hughes seconds. Sippel said in the demo it 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 was possible to make changes in the field but it's necessary that they don't get overridden. Sippel said maybe there is an update process but he wonders if that shouldn't be spelled out more specifically. Hughes said he would like in six months • from now at a work session to have Goman give an update as to how things are working. Williamson said this process was discussed during the demo but in the contract it's handled under an asterisk and thinks this means there will be an extra bill when that happens and the reliance will be to not overdo it. Reinhardt said the intent is the update would happen quarterly. Williamson said the point is the update doesn't get left off before the comprehensive update takes place. Tolsma said the process of updating has been discussed at length and it may be a trial and error process but it's developing the process and either creating a spreadsheet log or something of that nature. All votes ayes, motion carries. ii. Streetlight Insurance Coverage — Tolsma said this came about after discussion at the May admin meeting and the insurance agent was contacted. He said it's an additional rider to be purchased. An approximate $3,000 bid was received which adds about 14% to the premium. He said the deductible is low so they could look to increase the city's deductible based on the claims history. Williamson asked what is meaningful to represent a savings. Tolsma said it's the usual $250-500-1000-2500. Williamson said what is being insured against is multiple pole damage from storms. Hughes said the property in the open PIO and he wonders if these items need to be identified. Tolsma said yes, a lot of it is park equipment, sewer lift stations and the streetlights could be added to that. Hughes wonders about trees on private property and if they are damaged, he wonders if property home owner's insurance would cover this. Bren said she had an experience where a tree of hers was damaged in a storm and she had to take it down at the behest • of her insurance company. Reinhardt wonders about the timing of changing the deductible and wants Tolsma to check this. Tolsma said research can be done on the deductible savings. Williamson wants to see what the numbers are. Sippel doesn't think there is an urgency on this as it's mostly storm damage. Hughes wonders if the snow plow contractor has insurance for damaging street poles. iii. Eagle Scout List of Potential Projects — Reinhardt said Tolsma spoke with the Eagle Scout candidate's family and there was a potential of three projects outlined for the packet. Williamson wondered about an Eagle Scout candidate have the capability of building a picnic pavilion. Williamson wonders if this is more coordination of the project. Reinhardt said there is an adult leader that is a mentor and there is perhaps fund raising efforts. Hughes wonders about a trail kiosk of city historical data. Hughes notices the use of the city hall parking lot for the trail and thinks it might be a nice area. Bren said by St John's Church in Mound there is an Eagle Scout project with a burning pit and benches. c. City Engineer — nothing. d. City Attorney — nothing. e. Utility Superintendent — nothing. 12. UPCOMING MEETINGS & TRAINING a. July 16, 2013 — LMCC — 5:00 PM b. July 22, 2013 — Work Session — 7:00 PM c. July 24, 2013 — LMCD — 7:00 PM — Hughes said that is the tour of the lake night. d. August 5, 2013 — City Council — 7:30 PM e. August 8, 2013 — Spring Park Police Commission — 10:00 AM — Hughes said the smart • trailer speed sign on CR 15 hasn't worked in several weeks. He thinks this should be brought up. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 • • 13. UNFINISHED BUSINESS — None. 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Sippel asked about check #27392 to KLM Engineering. He wondered if this will be billed back. Tolsma said there is a cost associated with inspecting the antennas but it will be billed back to the contractor. Hughes makes a motion and Bren seconds to pay the bills. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. June Fire Department Report - MADJOURNMENT — Hughes makes a motion and Bren seconds to adjourn the meeting at 8:06 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake )Minnetonka CITY OF SPRING PARK WORK SESSION AGENDA JULY 22, 2013 — 7:00 PM SPRING PARK CITY HALL 1. BRUCE KIMMEL — STREET LIGHT FINANCING DISCUSSION a. Bruce Kimmel from Ehlers will be in attendance to discuss the potential for financing the street light project and answer any questions from the council. 2. 2014 PRELIMINARY BUDGET a. Included for review are a staff memo, the preliminary 2014 budget, and an updated capital improvement plan. 3. STREET LIGHT INSURANCE COVERAGE a. Included for review are a memo from the last city council meeting regarding street light coverage and a printout from the city's insurance agent showing annual savings by switching to a higher deductible. 4. WATER TOWER DISCUSSION a. Included is a memo from City Attorney Nancy Beck giving a brief description of events dealing with the paint finish of the water tower. • 5. TCE FOLLOW UP a. City Attorney Nancy Beck will follow up on the July 11th special meeting and discuss the next steps for the city. • 6. MISCELLANEOUS a. Mound Fire Department press release. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 �e CITY OF SPRING PARK WORK SESSION AGENDA J U LY 22, 2013 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake .11innetonka Attendance: Reinhardt, Hughes, Williamson, Bren, Sippel, Engineer Pearson, Attorney Beck, Administrator Tolsma, Clerk Lewin, Superintendent Goman. Bruce Kimmel from Ehlers. BRUCE KIMMEL — STREET LIGHT FINANCING DISCUSSION a. Bruce Kimmel from Ehlers will be in attendance to discuss the potential for financing the street light project and answer any questions from the council. — Reinhardt explains Kimmel is the city's financial advisor. Kimmel said he'd be covering existing debt from 2010 and talk about new money. Kimmel said there is one existing debt issue that financed several projects. He said the city has a S&P AA- rating, which is extraordinary. He said the present bond issue is year 2011-2025. Kimmel said yields are the key thing and they're on an uptick with interest rates. He said bond issues can mash a lot of things together but to the investor what matters is if it's GO, tax exempt or the credit rating. Kimmel said typically the council decides what to bond for, how much and a repayment schedule. Kimmel said it makes sense to bring to benchmark examples for consideration. isThe first one is street lights for $540,000 to fund $505 of project costs and 35K for credit rating, bond attorney and financial advisor fees. Williamson asked why ten years. Kimmel said under state law there is a maximum term of ten years of repayment. He said using this as an example they ran it for ten years. Kimmel said he spoke with Mary Ippel about financing the street lights. He said a lease revenue bond is a rent to own He said the lease bond is a higher interest rate than a GO. He recommends exploring the lower interest rates. Williamson said the useful life for the existing lights are 25 years so a depreciation schedule for the new ones should approximate that. He would have hoped the financing could be more like 15 years. Kimmel said the state forces a faster amortization and he agrees about useful life but their hands are tied. Kimmel refers to lessening the impact of $1, 000, 050.00 to finance street lights and public works facility over 15 years. He said a street light only bond is all inclusive of 2.55% and on the bigger bond TIC of just over 3% is some context on the ranges. Sippel said on the 2010 bond there was a bidding process where the rate was offered and variable. Kimmel said the rates are fixed. He said variable rate debt can be issued but most cities fix. He said the larger the bond a higher debt levy and all levy numbers are at 105% due to cities promise to levy that amount in case of collecting less than the debt amount. They can be canceled every year after as they are repaid. Both options are ran as level debt service over ten and 15 years respectively. The new debt service could be ramped up starting at a lower rate. Interest would be slightly higher due to low interest rates. An extension of existing debt bond could be extended beyond 2025. • Kimmel said regarding street lights, that term is no more than a ten year term, if payback of a public works facility and payback with property taxes, the PW facility could be stretched 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 0) out a little more. He said there are creative ways. Kimmel said it would be reasonable to pay back debt service from the utilities. He said a lot of communities pro -rate and use utility enterprises. He's assuming this is all coming from the levy. Williamson said they talk . about matching the depreciation schedule with the debt schedule. Kimmel said if the rate curve really goes up, then they might look at useful life of the debt ratio but the sweet spot should be strived for with the lower interest rates. Reinhardt said with the last bond issue an appropriate amount was discussed. She remembers under a million was questioned about paying the same fees. Kimmel said for very small amounts borrowed, they will typically go to banks. He said $35K of total costs of issuing for the street light projects and $45K for twice as much money for the larger sum borrowed. He said if there is crowding in the market, investors pay more attention to big bonds. He said smaller bonds typically have higher interest rates. Reinhardt asked about being in the midst of public works building when bonding and knowing street lights are ordered but there are projects still out there, she wonders about when bonding for unknown. Kimmel said bond when the money is needed. He said the market can't be timed and there is no right or wrong answer. He said the PW part of the bond issue would be a CIP bond. He said a public hearing would have to be held and bonds could be issued and have flexibility to diwy the money. Reinhardt asked about perhaps a lift station, perhaps a street. Kimmel said it would be a different statutory authority. Williamson wondered what if the project wasn't carried out. He wonders about latitude and legality. Kimmel said it's not a good position. He said the best would be to pay off the debt service. He said it's important to know what the money is going to be spent on. He recommends bond proceeds being spread out over a number of things and cash could be used to fill in the gaps as clarity is important. • Goman asked about bonding and then not going ahead and can the bond be used to pay off existing debt. Kimmel said the 2010 issue, categories were covered so, it's probable. Kimmel asked about a working estimate of $4-500, 000. Kimmel asked if some cash could be put towards that project. He said a document and public hearing could say the city is considering bonding up to $400K for a public works facility. He said that way, it's not over bonding. He said the vast majority has been bonded for but if the cost goes higher, cash could be used to pay the difference. He said it's better to bond lower than higher. Sippel said a resolution was passed to bond for the street lights and Kimmel said the marker has been placed so they are set. He said they're meant to prevent cities from bonding for things that were done previous. Sippel said he doesn't like to predict what we would spend it on. He said he'd rather the bond be spelled out. Beck asked about the time frame for bonding. Kimmel said a presale report, actually recommended terms and conditions and rates could be by the next meeting. He then said bids from the market are taken and the bonds are awarded to the bidder. It's typically about a month so he said by early October would be about when the cash would be issued, usually around two months or less. Williamson said cash could be used but they'd be losing out on using other people's money and depleting the reserves. Williamson said the other option is to not do anything. He said Bandaids could be put on and a fix -it -when -it - breaks approach. Reinhardt said she had a resident ask how the street lights were going to be paid for and wondered if this resident could bid on the bond. Kimmel said a direct purchase bond agreement could be entered into. He said it would have to be a bond. If they had to go to the market the bond buyer could make an aggressive bid to buy a big chunk. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2. 2014 PRELIMINARY BUDGET a. Included for review are a staff memo, the preliminary 2014 budget, and an updated • capital improvement plan. Tolsma said the assumption was based on keeping the levy flat to see where the numbers came in. He said he accomplished it but a $19K general fund transfer was used. The rental of the PW facility was figured at 24K for the year the GIS was figured at $3K. Tolsma said compensation, for the ease of budgeting he starts with 3% and increases line items that deal with increased compensation. He said the numbers were taken from the League's guide. He said health care premiums will not be finalized until September. Reinhardt said regarding the 19K transfer, $100K was transferred back into the general fund last year. She said they've been flat since 2009. She said she doesn't like drawing down reserves and she would be comfortable to putting it back to $980K and not plan on a fund transfer. Police and fire budgets are still unknowns according to Williamson and the Historical Society request is not factored in. Hughes said the LMCD had a budget increase and he thinks the fire budget will be discussed at their next meeting. Williamson said he added up the debt service of $82, 626 and depreciation of $185, 000. Sippel asked about the revenue and the substantial jump from the water fund, 601. Tolsma said that includes the revenue from the water tower leases so this is offsetting the costs. Goman said the increase for the fiber optics is adding to the increase. Sippel said on expenditure side there is a substantial jump. Tolsma said it's already at 80% this year. He said he discussed with Farniok and what happened, at one point PERA, Fica and Hosp (hospital insurance) are separate line items and they were grouped and the budget didn't reflect this. He said they've been under -budgeted as a result. Sippel asked why it wasn't carried through and Tolsma said administration was the only one that wasn't broken out correctly. Sippel said he's wondering where the numbers came from. Tolsma said he could go back and find an older one and see where the 2012 and 2011 numbers were. Sippel asked about a different report that doesn't allocate it out showing a grand total of the departments instead of divided out according to the allocation. He would like to see the aggregate totals. Sippel said he'd like to see it on everything. Hughes said for tree maintenance under building and grounds fund, 316 and 317, some was budgeted this year but nothing has been spent. He said there was discussion about what was going to be replaced. Tolsma said building and grounds is strictly around city hall. He said going to page three and half of page four is street department. Reinhardt asked about other unknowns besides police, fire, health insurance. Tolsma said the snow budget is always unpredictable. Williamson said it helps to look at a three year average. Hughes asked about the TCE's. Tolsma said that's included in the CIP. Williamson thinks it might not be fair to incorporate this into the annual budget and it should be capital investment instead. Reinhardt said it will be interesting to see about street light savings with the new streetlights. Tolsma said the sales tax will be a savings as of January 1st and the invoices will have to be watched closely to make sure we're not being charged. Reinhardt asked about the timeline. Tolsma said September 16th is the date to take action on the preliminary levy. Williamson reminds that everything needs to be added in by then and it can be adjusted lower before December. Tolsma wonders about an extra meeting and the sense is it's not necessary as they're close. Reinhardt asked how the PW's lease • was factored in. Tolsma said he just scrutinized the budget finding places that money has been budgeted but not used. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 4 Williamson said nothing is locked down tight. He said perhaps another reserve fund should be started with some money for the TCE's. It shouldn't be called that but something that can be started for this potential. Goman said even the annual costs to replace the filters • would come from the superfund created as a result of the contamination. Williamson thinks it still might be worthwhile so there isn't a distortion in the future. Reinhardt said the money could be levied and put into a public improvement revolving fund but she's not sure she wants to separate it and name it. Hughes asked about the dynamic sign proposed with the county. Goman said there is a meeting tomorrow. Hughes said the last he heard they want to put a dynamic sign at the Narrows and Arcola bridges. Williamson said he thinks this is one of the best preliminary budgets he has seen. 2013 CIP plan. Tolsma said everything has either been discussed recently or a carry over from the older CIP. He said the rotary construction is always on the CIP but is vague until street priorities are determined and if anything is going to be done. Hughes said he thinks road construction with or without curb and gutter depends on the watershed and stormwater runoff needs to be considered. Streetlights is priority number one and public works is at the top. Drainage, sidewalk repair, radio read meters and ash tree replacement. Tolsma said they're not sure about the prioritization. Trees are being treated at present but it may become necessary to replace the trees. He said life expectancy of corridor trees is 30 years and they're 15 years into the life of the present trees. Williamson said tree disease is endless. He said there is always something. Shoreline Drive retaining walls. Goman said there are walls in front of Pres Homes, Lk Mtk Motorsports, Edgewater Apartments. He said an assessment was done and pushing out is increasing about 5% per year. Reinhardt asked about the age and Goman said they were built in 1988. Williamson wonders about Hennepin County's responsibility and Goman says there isn't any. Williamson thinks this should be investigated as it's necessary to ask. Reinhardt wondered what needs to be decided on this, especially for 2014. Reinhardt said this is always presented but nothing ever gets done. She wonders what the intent is. Road inventory has been previously done and Reinhardt asked Pearson if he can work off of previous. Bren said she reads minutes of other cities and every year there seems to be a street project and as a result the streets are in good shape. Goman said if there isn't a street project, he pushes for a lift station. Reinhardt wondered about a street and a lift station at the same time and Goman said yes, it's possible to do both at the same time. Sippel thinks the inventory needs to be updated including utilities because the previous street survey was just streets. He thinks the streets can be assumed to have deteriorated at a similar rate. Pearson added unless there was exceptional usage due to construction projects. 3. STREET LIGHT INSURANCE COVERAGE a. Included for review are a memo from the last city council meeting regarding street light coverage and a printout from the city's insurance agent showing annual savings by switching to a higher deductible. — Tolsma said this was requested at the last council meeting for the annual savings with a different deductible for all the insurance, not just street lights. Williamson said he didn't see a big difference, you save $500, you spend $500. Williamson thinks it makes sense to add the street lights to the policy and reanalyze in a year. He said he's not impressed. Sippel • suggests going for the $2500 deductible and don't add the street lights. Reinhardt said she would be in favor of including the street lights and in favor of increased deductible. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 5 Williamson is in favor of including the street lights, not increasing the deductible and looking again at it next year. • 4. WATER TOWER DISCUSSION a. Included is a memo from City Attorney Nancy Beck giving a brief description of events dealing with the paint finish of the water tower. Beck said the memo included describes the current condition of the water tower and Tolsma and Goman have more details. She summarized the points in the memo and advised the council that she's engaged a litigation attorney for consultation on this. Since the estimated cost of repairs exceeds $100,000, litigation is worth considering. The goal is to reach a settlement with the contractor if possible. She said a demand letter has been sent to Maguire Iron stating the work is defective and needs to be fixed. The response is they stand by the original proposal for minor repair work and the warranty has expired. She sent a follow up letter to Maguire Iron and is waiting for a response. Sippe/ asked if the industry standard for the work is for 15-20 years, why was there only a two year warranty? Beck said a 2 year warranty period is standard for construction contracts, but a contractor's obligation to repair defective work is not limited to the warranty period. There is a 2 year statute of limitations for suing a contractor for correction of defective work starting from when the city was aware that the work was defective. The reason for this is that defective work often does not show up until after the warranty period has expired. Hughes asked about water quality. Goman said water quality has not been affected yet but this is something that needs to be taken care of. 5. MEETING FOLLOW UP a. City Attorney Nancy Beck will follow up on the July 11th special meeting and discuss the next steps for the city. — Beck prepared a summary of the health department report presented and a summary of the PowerPoint. She said it takes out the science and geology and highlights issues with respect to the city's water supply. She said the city's water supply is governed by federal drinking water standards. She said until 2013 the state used the same guidelines but recently adopted new guidelines. She said the standard the city needs to meet is the five parts per billion and the city's treated water supply is well below that level. Beck thinks it would be helpful to correlate dates of test results to which well was running at the time of the test. Williamson questions that because what's being pumped might not be the water that is tested. Goman stated that the water tower fills and empties several times a day so we can determine which well the water came from for the test dates. Beck asked how the city determines which wells are used. Goman said it's based upon the DNR permit. Beck said the Federal standard is being met so there is no legal obligation to do anything at this time. Williamson said there needs to be more information. He said it's obvious the city wants to do the right thing. Goman said it's on their radar now so continued testing will be done. Sippe/ said he thinks the city should be transparent. Beck passed out an initial draft of something that could be shared with the residents. Open, accurate, factual is the best informative process according to Williamson and Sippe/. Reinhardt suggests the council read through Beck's draft and send comments to Tolsma. 6. MISCELLANEOUS a. Mound Fire Department press release. • b. Hughes asked about the Eagle Scout project. Tolsma said he met with the Scout today and three options were discussed. He said the historical kiosk seemed to peak the Scout's interest so he's going to discuss this with his Scout master. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 6 c. Goman said there was an after -action storm meeting with emergency management and the county's response to trees, drainage, traffic signals. He said there are some decisions that need to be made on the city's behalf as it affects the county roads. He said there was disagreement regarding responsibilities. Meeting adjourned at 9:56 p.m. • C7 Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRIMG PARK On Lake 9V innetonka CITY OF SPRING PARK CITY COUNCIL AGENDA AUGUST 5, 2013 - 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. Special Meeting Minutes from July 11, 2013 b. City Council Regular Meeting Minutes from July 15, 2013 c. City Council Work Session Minutes from July 22, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS a. Mark Vyvyan — Legal Consultant 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council • b. City Administrator i. Streetlight Insurance Coverage ii. Presbyterian Homes Conduit Financing Discussion c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. August 8, 2013 — Spring Park Police Commission — 10:00 AM b. August 14, 2013 — Administration Committee — 1:00 PM c. August 14, 2013 — Planning Commission — 7:00 PM d. August 14, 2013 — LMCD — 7:00 PM e. August 19, 2013 — City Council — 7:30 PM f. August 20, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) 16.ADJOURNMENT 0 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 1 - Attorney Revised SPRING PARK On tnhe?iinnemnGa CITY OF SPRING PARK CITY COUNCIL MINUTES AUGUST 5, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt 3. INTRODUCTIONS — Reinhardt introduces the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck, Engineer Pearson 4. PLEDGE OF ALLEGIANCE - 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Hughes makes a motion and Sippel seconds to adopt the consent agenda. All votes ayes, motion carries. a. Special Meeting Minutes from July 11, 2013 b. City Council Regular Meeting Minutes from July 15, 2013 c. City Council Work Session Minutes from July 22, 2013 7. PUBLIC FORUM - No one. 8. PRESENTATIONS & GUEST SPEAKERS — a. Mark Vyvyan — Legal Consultant Reinhardt explains Vyvyan is a legal consultant and Beck will explain. Beck said she is • recommending closing the meeting for this agenda item under the attorney client privilege exception to open meeting law. Beck said this exception does not automatically apply. In deciding whether or not to close the meeting we must balance the purposes of the open meeting law (allowing the public to be informed regarding public officials' decision making and providing the public a forum for making their views known to their public officials) against the purposes of the attorney -client privilege — the right to confidential legal counsel and advice. Beck stated that the meeting cannot be closed for general legal advice (this is why most of the times Beck provides the Council with legal advice during a meeting, the meeting is open); however, when the discussion is about legal strategy related to pending or threatened litigation, it is appropriate to close the meeting. Beck said the purpose for closing the meeting in this situation is to permit the council to consult with its attorney in private without the significant negative impact to its legal position that could result from a public discussion in which the opposing side in the matter could obtain the city's legal strategy (this could result in a substantial private benefit to opposing parties to the detriment of the public interest). Beck said there is a 2005 Court of Appeals case which addresses this issue. This was a case where a local newspaper sued the city when it closed a portion of its open meeting to discuss litigation strategy with its attorney. The Court held that where there was a need to have absolutely confidential discussions with specially appointed counsel to discuss • litigation strategy, it was appropriate to close the meeting. In this case, the meeting was not automatically closed because litigation was the topic; but a balancing test was used to determine whether or not to close the meeting; the exception to the Open Meeting Law was 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 - Attorney Revised used cautiously and seldom in situations other than in relation to pending or threatened litigation; and there was a need for absolute confidentiality. i. Beck stated that when the balancing of interests indicates a need for absolute confidentiality with respect to pending or threatened litigation, the meeting can be closed. That is the case here. Here, an independent contractor has inspected the water tower and provided the city with a report stating its opinion that paint coatings were defectively applied. A demand letter has been sent to the contractor and the contractor has not agreed to perform the requested work. The purpose of closing the meeting is not to make a decision behind closed doors, but to discuss potential litigation strategies without providing the opposing side access to these strategies. The need for confidential communication is essential to ensure the best result for the city and its taxpayers. Beck said that no other business will be discussed in the closed session. It's her job as city attorney to ensure that this is the case — she has a legal obligation to ensure it. Beck said that when the factors in favor of closing the meeting are weighed against the public's interest in an open meeting, it is her opinion that the need for confidential communication in this matter is essential and the attorney -client exception to the open meeting law is properly applied in closing the meeting. She asked for a motion that the meeting be closed to discuss litigation strategy with Mark Vyvyan. Williamson moves that the Spring Park City Council close the meeting to go into executive session and states a record will be kept and will be available at some time in the future, Hughes seconds. All votes ayes, motion carries. • COUNCIL MEETS IN CLOSED SESSION. The meeting is reopened at 8:17 p.m. Attorney Beck reads a proposed motion: A motion to authorize retaining Mark Vwyan of Fredrikson & Byron for purposes of representing the city with respect to possible water tower construction defects and to authorize Mark VyVyan to prepare and serve a lawsuit in the event negotiations with the contractor are not successfully concluded Hughes asks whether a date should be added and it's decided not to do so. Williamson moves the motion suggested by Attorney Beck and Hughes seconds. All votes ayes, motion carries. 9. PETITIONS, REQUESTS & APPLICATIONS — None. 10.ORDINANCES & RESOLUTIONS — None. 11. REPORTS OF OFFICERS & COMMITTEES - a. Mayor and Council b. City Administrator i. Streetlight Insurance Coverage — Tolsma said the options set out in the memo in the packet came from July's work session. He said the first option is to just increase the deductible and it would save some annual premium costs. The second option is to add the street lights and change the deductible and there would be a slight increase to the premium. Option three is to cover the streetlights and keep the deductible the same thereby that would show the most increase in premium. He said there is a spreadsheet • attached. Williamson said there is the return from the League as a dividend based on the performance of the fund and the claim record. He said therefore these numbers could be offset. He said it could be as much as $5,000 returned. Reinhardt thought 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 UL 3 - Attorney Revised more like $3500. Tolsma said it's dependent upon the city's claims and the performance. He said it's hard to estimate this. Williamson said for 19 years he has paid insurance and had no claims and 19 years and three months later he could have a total loss. So he said averaging is a tool to understand the process but a key component is understanding disasters. He said he's concerned about self insuring and assuming to great of risk and pursuing a large deductible to save on the annual premium. He said the deductible selected will apply to everything. He likes option three but option two is acceptable. Reinhardt said she was surprised that the higher deductible doesn't save that much. She does want to cover the streetlights. She said she learns toward option three but is comfortable with two as well. Sippel said in the 25 years of previous streetlights, he wonders how often did they fail until the bases failed. He feels it's more likely that they be hit by a car. He said $2500 extra a year to insure the light poles, he thinks they can be self -insured to coverage due to storms. He said if it's catastrophic, there could be federal disaster relief. Williamson said tornadoes can be spotty. So a Federally backed claim, might not cover. Bren asked if this is revisited every year. Tolsma said it can be changed at any time. Hughes asked if we're currently at $250 for everything and Tolsma confirmed. He said the decision is not so much on the streetlights but on the other things in the city. Hughes said they are always adding stuff. Williamson said park equipment will probably be replaced. Williamson said this is a small amount in comparison to the city's budget. Bren makes a motion to go with option three to cover street lights and $250 deductible. Williamson seconds. Votes four to one ayes, Sippel Nay. Motion carries. ii. Presbyterian Homes Conduit Financing Discussion — Tolsma said some on the • council have been through this process before. He said right now they are waiting to hear back. He said last week's query was to see if the council would be interested in this. There are two other entities interested in this so there might be a split three ways. Tolsma wondered about a bare minimum fee. Sippel asked about the reference to no city taking this alone and splitting it three ways. Reinhardt said there were some federal stimulus allowances. She said $28 mil was allowed at that time and now it has adjusted back to $10 mil. Reinhardt asked if this was 2013 and Tolsma confirmed. Williamson said this is a pass through function because tax free financing has to be done by government entities and it's health care related so the city can be used. He said there is no recourse to the city, only providing an administrative function. He said he doesn't think the city's ability to bond is affected in any way. Tolsma said he spoke to Kimmel that it is affected. He said whatever the city is thinking could be subtracted from the $10 mil and January 1 sc is a start over so the city could wait to bond. Williamson said whatever the city is thinking about probably wouldn't happen soon. He said the city could collect about $8300 to provide this conduit financing. Reinhardt said she thinks it's a smart fiscal move. She said 1/8th of 1 percent was what was given last time. She said she thinks there should be a written policy for this or it should be on the fee schedule. Reinhardt said she also believes it should be the same fee for all three cities. Beck said in a previous conduit financing, a 2007 request for housing revenue bonds from Presbyterian Homes, Bruce Kimmel requested a policy be adopted at that time. Beck said there was an agreement from the entity that they would pay the City's expenses in addition to the administrative fee and the City should consider requesting • that here. Williamson said a public hearing needs to be held and action to approve bonds are steps that need to be followed. Hughes makes a motion to continue discussion and direct staff to proceed with the issuance of conduit revenue 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 IL 4 - Attorney Revised bonds for Pres Homes. Bren seconds. Sippel said he is not opposed but he's concerned about the perception. He asked why this project is in Chanhassen and they aren't asking Chanhassen to provide conduit financing. He said there is no legal ramification from this but he'd like to be clear. Reinhardt said the previous conduit financing was for rolling together several projects in different cities. She said she thinks smaller cities don't bond as much. Williamson said he too at one time shared reluctance but the structure is designed by the IRS and instead of setting up another agency to do this, they use government entities as a flow through. All votes ayes, motion carries. c. City Engineer — nothing. d. City Attorney — nothing. e. Utility Superintendent — nothing. 12. UPCOMING MEETINGS & TRAINING a. August 8, 2013 — Spring Park Police Commission — 10:00 AM — Reinhardt is hoping for some updated budget numbers. b. August 14, 2013 — Administration Committee — 1:00 PM c. August 14, 2013 — Planning Commission — 7:00 PM d. August 14, 2013 — LMCD — 7:00 PM e. August 19, 2013 — City Council — 7:30 PM f. August 20, 2013 — LMCC — 5:00 PM 13. UNFINISHED BUSINESS - 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Sippel makes a motion to pay the bills. Williamson seconds. All votes ayes, motion carries. • 15. MISCELLANEOUS (Information Only) — • Hughes said he gets updates from the Westonka Historical Society and there have been positive response and many visits. He said they are very excited about the growth and interest. Reinhardt said the Historical Society has been informed that the requested donation is being factored into the budget and it's not been approved yet but it will be voted on. • Hughes said the LMCD is planning on moving into the old Mound City Hall. He said Mound council member Gillespie recommended the LMCD look at the space as a cost savings measure. • 16.ADJOURNMENT — Sippel makes a motion and Bren seconds to adjourn the meeting at 8:52 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake .Minnetonka CITY OF SPRING PARK CITY COUNCIL AGENDA AUGUST 19, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from August 5, 2013 b. Administration Committee Meeting Minutes from August 14, 2013 c. Draft Planning Commission Meeting Minutes from August 14, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Resolution 13-16: Fence Variance at 4327 West Arm Road 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council • b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. August 20, 2013 — LMCC — 5:00 PM b. August 26, 2013 — Work Session — 7:00 PM c. August 28, 2013 — LMCD — 7:00 PM d. September 2, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. Fire Department Press Release b. Fire Department July Report c. Centerpoint Energy Notice of Rate Change Request d. Lease Agreement for Public Works Facility 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK I I LA; On Lake 914inneton a CITY OF SPRING PARK CITY COUNCIL MINUTES AUGUST 19, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, City Planner Al Brixius, Residents and neighbors of 4372 West Arm Rd: Hackney, Mccollums, Palens and Jim Wilson. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Williamson said there is an addendum from the closed portion of the meeting and they represent the minutes from that section of the meeting. He wants to add to that part to the agenda and makes a motion to that effect. Hughes seconds. Bren makes a motion and Sippel seconds to adopt the consent agenda, including the attorney/client portion of the minutes from the closed meeting . All votes ayes, motion carries. a. City Council Regular Meeting Minutes from August 5, 2013 • b. Administration Committee Meeting Minutes from August 14, 2013 c. Draft Planning Commission Meeting Minutes from August 14, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS - None 9. PETITIONS, REQUESTS & APPLICATIONS - None 10.ORDINANCES & RESOLUTIONS a. Resolution 13-16: Fence Variance at 4327 West Arm Road — Brixius explained there is a fence variance application for R-1 single family zoning which abuts R-3, multi family zoning, Lord Fletcher's apartments. He said there is multiple parking and a boat launch that borders the property lines. He said a fence of eight feet in height to screen the multihousing unit off is being requested. Brixius is suggesting the eight foot fence be allowed 30 feet from the street to up to 50 feet from the lake setback. He went on to say that within those setbacks, the applicant is entitled to place a four foot fence. Brixius said from a zoning standpoint a variance can be considered reasonable justification if the variance is unique to the property. He said generally screening can be required between the two differently zoned properties, therefore the use is reasonable. He went on to say this is an existing condition and the use is for screening. Brixius said this variance will not change the central character of the locality. Brixius said the Planning Commission has recommended approval. He said the initial recommendation was for six feet but the applicant has requested eight feet therefore, if approved, an engineered fence would be required for windload. Williamson asked about the • application from the ordinary high water mark. Brixius explained within the 50 foot lakeside setback it can be held to four feet. Williamson asked about the four foot fence and if it is a city stipulation. Williamson also asked the applicant if they feel strongly about the four feet in the 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 11 shoreline setback. Robert Hackney, owner of 4372 West Arm Rd said they would like the opportunity to go to eight feet height and they understand it would have to be engineered. Sippel asked about the drainage ditch that borders the property and was told by Tolsma that it belongs to Lord Fletcher's Apartments. Hughes asked if the fence would be on the property line. Brixius said in the recommendation it states that the property line be identified either by • survey or location of the monuments. Williamson believes the eight feet should be allowed as far as possible. Brixius said there is a concern about an eight foot fence going to the shoreline due to the neighboring views. Williamson acknowledges this is the case in an R-1 district. He said in this case it's an R-1 next to an R-3 and there can be incompatibility. He believes the interrupted view would be on the part of the applicant and not on the part of the neighboring property. Reinhardt said she supports the variance but is concerned about extending the fence line into the 50 foot setback. She prefers to keep the 50 foot setback as sacred. Catherine Palen of 4352 West Arm Road said they've lived there for 14 years. She said Lord Fletchers apartments is thriving and the side closest to them has the swimming pool, parking and boat launch. She said it is busy at all hours. She said the parked vehicles face towards the east and the traffic seems to be the biggest problem at all hours. She said the eight foot fence would also act as a sound barrier. She said she would like to see at least a portion of the property having an eight foot. She said arborvitae planted have lived out their useful lifespan and need to be replaced. Hughes clarifies the resolution is to have a six or eight foot fence up and to the 50 foot setback and from there it drops to four feet. Hughes moves approval of resolution 13-16. Williamson seconds but with an amendment to remove the 50 foot setback to the lake. Motion amendment dies for lack of a second. Jim Wilson at 4372 West Arm Road. Wilson said the other things that need to be buffered is garbage that blows into the yard. He said there's a portable outhouse that is by the public access, there is a pop machine and there is the uncontrolled access to the lake. He said he doesn't think there are • similar properties such as theirs in the city. Wilson would like to see the ability to extend the eight foot fence to the lakeshore. Williamson said a motion was made to create more latitude and there was a lack of a second. He said unless any other council member makes a motion, it failed. Rollcall vote for original motion without the amendment: Sippel, yes; Bren, yes; Hughes, yes; Williamson, yes; and Reinhardt, yes. All votes ayes. Motion passes. There is concern about the restrooms being so close to the neighborhood. Palen said in regards to the apartments, they are neighbors but she thinks the property should be looked at. She thinks there would be disappointment on the part of the city. She said it has an impact on their own real estate. Bren asked about the boat landing and wonders if it is open to the public. Williamson said there are docks allowed to non residents. Bren wonders about the access itself. Brixius recommends the public access be checked and stipulated there be more control of this access when issuing the dock license. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — • Reinhardt doesn't have anything to report. Williamson said the LMCC's meeting is tomorrow to adopt a budget and it is complicated as Medina and Orono have expressed interest in departing from the LMCC. He said if these cities leave the commission and 75% of the franchise fees are returned, it would take revenues with it and it would eviscerate the budget. Williamson said city council meetings would continue but there would be nothing else. He said two full time employees would lose their jobs. He said an alternate budget might be necessary and involve spending about $100,000 • extra just to cover the severance and unemployment that will be paid out. He said if this proposal is agreed to redistribute the money, extra dollars would have to be provided from the 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 fund balance reserve. Williamson said there will be a vote among the representatives at tomorrow's meeting. He said his position has been consistently to basically carry on like in the past by looking at consultant reports, visiting with community groups and looking for • expansion. He said if these cities and other cities choose to leave by October 15, the budget would have to be changed at the commission level. He said it's parallel to the levy, they can cut but they can't increase the budget. Reinhardt asked about the two cities giving notice to leave and what benefits did they negotiate with Mediacom in terms of their franchise renewal. Williamson said it's hard to identify. He said what they've asked for is what the LMCC has asked for in terms of build out. He said some cities want 100% coverage. He said they can only negotiate a franchise based on cable tv. The subtext is those who want highspeed internet and the vehicle is cable tv. He said Mediacom is sold as a bundle of telephone, internet and tv. He said Medina got a promise for 100% build out. Medina has been offered half of the and that the additional mileage will be subsidized by the city from the dollars returned to them from Mediacom when they drop the LMCC to pay half the capital cost. He said he hasn't seen Orono's contract. He's heard that based on mapping the 15 houses per mile would turn out to be an almost 100% build out. He said if some of the large players such as Areo and Verizon get content available and it can be provided through the internet, there could be some actuality of changes. He wants to emphasize that the resources come from the cable tv subscribers but everyone benefits. Reinhardt asked when the two communities leave the commission will programming be available on the public access channels be available to those communities? Williamson said no, the current policy was established that any city that leaves the commission will have • programming over the public access stations. He said there's been interest in contracting back for certain programs. He said right now the commission has said no, they are on their own. Hughes wonders about selecting certain programming and he wonders if could be lucrative for the commission. Williamson said the immediate concern is keeping members in the commission. He said it's a matter of fairness. b. City Administrator — Nothing. c. City Engineer — Nothing. d. City Attorney — Nothing. e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. August 20, 2013 — LMCC — 5:00 PM — correction 5:30 PM b. August 26, 2013 — Work Session — 7:00 PM c. August 28, 2013 — LMCD — 7:00 PM d. 3eptember 2, 2013 — City Council — 7:30 PM — correction, the meeting is on September rd 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Williamson said he thinks this is a small claims. Hughes moves to pay the bills. Sippel seconds. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. Fire Department Press Release • b. Fire Department July Report 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 4 c. Centerpoint Energy Notice of Rate Change Request — Williamson said he appreciates getting this notice. He wonders if there's a suburban rate authority. Tolsma said Xcel went through the same process but he'll check to see what their involvement will be. d. Lease Agreement for Public Works Facility • Hughes said a neighbor stopped and complained to him about the people fishing on the Black Lake side of the lake and trash that is left and blows into the water. He said it's a county road and wonders if this can be looked at. Hughes said he is concerned about the placement of the portable outhouse mentioned at Lord Fletcher's Apartments and wonders if it's in a designated fire lane and wonders if that's allowed. He thinks more investigation needs to be done about where this is located. MADJOURNMENT — Williamson makes a motion and Hughes seconds to adjourn the meeting at 8:22 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake 914inneton a CITY OF SPRING PARK CITY COUNCIL AGENDA SEPTEMBER 3, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from August 19, 2013 b. City Council Work Session Minutes from August 26, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Ordinance 13-02: Alternative Energy Regulations b. Resolution 13-17: Adopting 2014 Proposed Levy 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council • b. City Administrator i. Part -Time Seasonal Employee c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. September 11, 2013 —Administration Committee — 1:00 PM b. September 11, 2013 — Planning Commission — 7:00 PM c. September 11, 2013 — LMCD — 7:00 PM d. September 16, 2013 — City Council — 7:30 PM e. September 17, 2013 — LMCC — 5.00 PM f. September 18, 2013 — Fire Commission — 11:00 AM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. July Financial Report 16.ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake 911inneton a CITY OF SPRING PARK CITY COUNCIL MINUTES SEPTEMBER 3, 2013-7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Reinhardt. Hughes is excused. 3. INTRODUCTIONS — Reinhardt introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin Engineer Pearson, City Planner Brixius and Attorney Beck. 4. PLEDGE OF ALLEGIANCE - 5. ADOPT AGENDA — Williamson makes a motion and Bren seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Sippel makes a motion and Williamson seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from August 19, 2013 b. City Council Work Session Minutes from August 26, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS — None. 9. PETITIONS, REQUESTS & APPLICATIONS — None. 10.ORDINANCES & RESOLUTIONS a. Ordinance 13-02: Alternative Energy Regulations — Brixius said the planning commission has worked on this for about four months. He said the first steps were to provide model ordinances from other communities. He said it was necessary to customize this to Spring Park. Brixius said wind energy, solar panels and geothermal was addressed. He said he knew there was concern about this due to the City of Orono's issue. Brixius said his concern is where on Spring Park lots can structures be placed, what's the impact on neighboring properties and views from the lake. Brixius said the first portion of the proposed ordinance amends the definitions affected. Brixius said they set up a section addressing alternative energy systems and removing regulatory boundaries and created new criteria. Brixius said geothermal consists of horizontal or vertical pipes underground and circulates water to either cool or heat. He said there is horizontal trenching or deep well piping. Discussed was whether these can be extended into the lake and it was decided this would be prohibited within public water ways. Setbacks will be 10 feet on sides and 25 feet off OHW. All above ground equipment must meet building setbacks and not be located on the street side, equipment shall be screened and homemade inventions will not be allowed. He said there will be standards and must meet building codes. Brixius said abandonment constitutes removal and enforcement inspections will take place every three years. He said vertical borings must be approved by the Board of Public Health. Wind Energy: Brixius said wind generators are not as practical in dense urban environments as they need to be above structures to avoid turbulence. He said turbans can be roof mounted on poles. He said if they're freestanding they need to be located center of the lot. They need • to be properly engineered and a rotor clearance 20 feet form the ground and from adjoining trees. He said it's a safety standard. He said noise components were added as well as 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 screening and none reflective materials will be required. He said they can't be illuminated nor display advertising. Brixius said it will require a building permit and it will need to be periodically inspected. He said enforcement was discussed and it would be treated with tracking logs. Brixius said boat lift wind turbines would be allowed for boat lifts and recharging batteries. 10 Solar Panels can be solar electric and solar thermal. He said they can be treated like fences if they are ground mounted and can't exceed six feet in height. Roof mounting has to demonstrate structural load. He said there are also solar systems for boat lifts. He said safety standards, abandonment and permit requirements are the same as for wind energy. Sippel asked about the definition of a heat transfer fluid and reference to an industry standard as he assumes technology will change over time. Brixius said he will look into this. Sippel said what wasn't clear was the horizontal and vertical wind turbine and the vertical axis are really the only practical one and he doesn't see where there is prohibition of the other. Brixius said they purposely left it open. He said the horizontal needs about 30 feet of clearance to avoid turbulence. Brixius said there aren't really any areas in the community that could handle this except for maybe the Tonka building. Sippel asked about inspections every three years at the property owners expense and he said he'd rather this be incorporated into the fee schedule. Brixius said he can change this to a city established fee. Sippel said under wind energy and noise, he asked if this referral was to standard noise; he feels these should be held to a lower noise standard than music. Brixius said if council is comfortable, he can come back with decibel levels. Williamson asked Sippel what decibels levels he was thinking. Brixius said MPCA has standards and length of time and time of day. Reinhardt asked if we know how loud turbines are. Brixius said they don't usually make a lot of noise unless they are malfunctioning. Sippel said that's is his concern because the noise will be going 24 hours a day. Sippel wonders if there is an industry standard that could be referenced. Brixius said he'll check this out. Williamson said he doesn't think it can be capricious. Williamson would like to distinguish between normal, well -maintained operating noise as distinguished from failing equipment. He said persistence and repetition can become a nuisance. Reinhardt asked about the boat lift capability for solar and wind. She asked about wind generators on boat lifts. Brixius said mostly are on the boats themselves. Reinhardt said her concern is 20 feet above the water surface and she thinks that is very high. She thinks a boat lift is 10-12 feet off the water and 20 feet seems high. Sippel said if a big boat pulls up to a dock, it might be important to have it well above the dock. Williamson wonders about the LMCD having rules and regulations. Brixius explained because they regulate docks and structures on the lake he didn't want someone putting this out in the lake without being attached to a dock. Brixius said he will clarify this for residential docks. Williamson asked about screening solar energy systems. He's trying to imagine solar collectors on a roof. Brixius said the words "ground mounted" should be added as that is what is being referenced. He said it probably should say landscaping for screening. Reinhardt said she thinks the planning commission and city planner did a very complete and thorough job on working on this. Brixius said this needs to have revised language so he suggests this be tabled for a future meeting or workshop. Sippel said the impetus was what happened in Orono and the defense was if it wasn't addressed, it was prohibited. He wonders if Spring Park has the same and Brixius confirmed. He said where Orono failed and Spring Park could too, Orono was allowing accessory uses such as playsets that did not require a permit and the property owner argued his structure should be treated the same. Brixius said • he thinks the city may have some protection as some of those things are included in Spring 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Park's code. Sippel said things change faster than can be kept up with. He said he thinks if it's not expressly allowed he wonders if it should require a conditional use permit. Williamson said he thinks the answer is to set up a mechanism that the unknown things should be presented to city hall and the applicant can be advised accurately. Brixius said conditional uses can be difficult in that if they meet the conditions, it will be allowed. Reinhardt said as a private property owner there are rights but she said it also affects neighboring properties. Williamson makes a motion to lay this over to the next regular council meeting. Sippel seconds. All votes in favor, motion carries. b. Resolution 13-17: Adopting 2014 Proposed Levy - $980,000, the same as 2009. Tolsma said this must be adopted by September 15th. He said the League's budget memo states the city can adopt on Monday the 16'h. He said the consensus seems to be to set it at $980,000. He said the proposed levy can be reduced. Tolsma said Truth and Taxation is required and needs to be set. He said it has to be after November 25th and after 6 pm. He said it usually coincides with the first meeting in December. Reinhardt said the first meeting in December is December 2nd at 7:30. Sippel moves adoption setting the general fund levy to not exceed $980,000. Bren seconds. All votes ayes, motion carries. Reinhardt said to let the minutes reflect the T&T will be on December 2nd. 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council - Reinhardt said a music complaint was received for Lord Fletchers music. She said it was a Spring Park resident. She said the caller also complained about fishing contests and announcing. She wondered if staff could look at this within the ordinance. She said she also had a phone call from someone complimenting on the new street lights. b. City Administrator i. Part -Time Seasonal Employee — Tolsma said it was decided this needed to be approved by the council and he includes what has been paid so far this year. Bren makes a motion to hire a part-time worker for the rest of the season. Williamson seconds. All votes ayes, motion carries. c. City Engineer — Pearson said regarding the street light project Goman indicated he is pleased with the work the contractor is doing. Pearson said the completion date is scheduled for Friday, September 13th. Pearson said as part of the contract work, the existing wiring has been tested. He said about 60-70% of the testing has been completed and there are about three sections where the wire is not in good condition and may need to be replaced. He said costs aren't available yet and will be based on their location. He said if it can be open trenched it will be less than a directional drill. Pearson said there are five poles located adjacent to retaining walls. He said the access panel at the bottom of the pole, during manufacturing, was placed on the backside and accessibility is not possible as it butts against the retaining wall. He said it affects four of the poles. He said they are working with Miller Bernd to solve this. He said they know there is a solution. Sippel said the budget allotted 40% for replacing foundations. Pearson said so far the bolts have been cleaned and in the contractor's opinion, they don't expect any of the foundations to be removed but the project isn't complete. He said so far the structural integrity of the bolts and foundation appear to be in good condition. Sippel said if money is being saved and if the total cost comes in under, he doesn't want to hold up work to approve repairing the wiring. Sippel wonders if Goman should be given authority to move forward. Williamson wonders if the wiring can be done afterwards. Pearson said it can be done independently. d. City Attorney — Nothing. e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 a. September 11, 2013 —Administration Committee — 1:00 PM b. September 11, 2013 — Planning Commission — 7:00 PM c. September 11, 2013 — LMCD — 7:00 PM d. September 16, 2013 — City Council — 7:30 PM e. September 17, 2013 — LMCC — 5:00 PM — Sippel said this is at 5:30 PM f. September 18, 2013 — Fire Commission — 11:00 AM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Sippel moves and Williamson seconds to pay the bills. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. July Financial Report — Sippel asked about the money in the money market account to pay for the street lights. He wonders about the FDIC limits. Tolsma said he will address this at Admin on Wednesday. He said he's been told that they pledge additional security above the FDIC limits. Sippel said Ehlers has been consulted to see if there was a better rate than Wells Fargo and Ehlers has a better rate and he thinks it should be investigated. Williamson said interest rates have been so low for so many years. He said Community Investment Partners, used previously, were able to get some better rates. Reinhardt said Ehlers and CIP have merged. Williamson said it's important to conserve cash. b. Williamson asked about Shoreline Place condos and the area where boatlifts are piled in the city right-of-way and noticed it's been redone with gravel. He said there is an original conditional use permit about permeable surface and he wonders who changed the landscaping and it was done on the city's right-of-way. Tolsma said he wasn't aware of this change. 16.ADJOURNMENT — Sippel makes a motion and Bren seconds to adjourn the meeting at 8:46 PM. All votes ayes, motion carries. i Wendy Lewin, City Clerk Dan Tolsma, Administrator • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 ' CITY OF SPRING PARK CITY COUNCIL AGENDA SEPTEMBER 16, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake .Minnetonka 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from September 3, 2013 b. Administration Committee Minutes from September 11, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS a. Hennepin County Commissioner Jan Callison b. Legal Consultant Mark Vyvyan 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Ordinance 13-02: Alternative Energy Regulations 11. REPORTS OF OFFICERS & COMMITTEES • a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. September 17, 2013 — LMCC — 5:30 PM b. September 18, 2013 — Fire Commission — 11:00 AM c. September 19, 2013 — Full Police Commission — 8.00 AM d. September 23, 2013 — City Council Work Session — 7:00 PM e. September 25, 2013 — LMCD — 7:00 PM f. October 7, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. Fire Department Press Release b. August Fire Report c. Orono Police Compliance Check Results 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake Yinneton a CITY OF SPRING PARK CITY COUNCIL MINUTES SEPTEMBER 16, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL All council members present. 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA Motion made by Williamson, seconded by Hughes. and unanimousl approved 5-0. 6. ADOPT CONSENT AGENDA Motion made by Sippel, seconded by Bren, and unanimously approved 4-0, with Hughes abstaining due to absence from Sep. 3'd council meeting. a. City Council Regular Meeting Minutes from September 3, 2013 b. Administration Committee Minutes from September 11, 2013 7. PUBLIC FORUM No comments received. 8. PRESENTATIONS & GUEST SPEAKERS a. Hennepin County Commissioner Jan Callison Commissioner Callison informed the council that Hennepin County recently approved a. 98% levy increase and that there was a slight overall decrease in the 2014 county budget. Callison also noted that • projections for 2014 are also showing the first increases in property values since 2007 and that the county would be holding their truth in taxation public hearing on Nov. 26tn Council member Hughes asked Commissioner Callison if the county is expecting significant savings due to the new sales tax exemption for public entities being implemented in 2014. Callison stated that the county was indeed expecting a substantial amount of savings, although she was uncertain what the exact figure would be. Mayor Reinhardt asked about the light signal back-up power installation schedule and when Spring Park could expect to see the back-up batteries installed on Shoreline Drive. Callison noted that the back-up program for light signals is paid for through the county's $10 wheelage tax and that she would check into when the light signals in Spring Park are scheduled for the upgrade and get back to the city. Council Member Williamson asked how Hennepin County Medical Center was doing regarding finances. Callison said that funding for HCMC is a perpetual issue and that the county is always looking at ways to improve service quality while reducing costs for taxpayers. b. Legal Consultant Mark Vyvyan Motion made by Williamson, seconded by Hughes, and unanimously approved 5-0 to _-ggo into closed session to discuss litigation strategy. 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Ordinance 13-02: Alternative Energy Regulations NAC consultant Bob Kermis updated the council on the final draft of the alternative energy ordinance before the council for . adoption. Kermis noted that this draft incorporated the council's feedback from the Sep. 3'd council meeting regarding coolants for geothermal systems and noise specifications 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 for wind turbine systems. Council member Sippel commented that he appreciated the updated language regarding the allowable coolants and that the city should look at applying the updated noise language to other mechanical and HVAC systems throughout the city. Council member Williamson recommended that the noise standard of 55 db be reduced to 45 db due to the pervasive nature of wind turbines. Mayor Reinhardt agreed that 45 db might be a better starting point if the rest of the council wa• comfortable with it. Sippel stated that he was ok with the 45 db level for now, although he would like more research done on what an appropriate level should be in the future. Motion made by Williamson, seconded by Hu-ghes, and unanimously approved 5- 0 to amend the noise standard to 45 db. Williamson also noted a number of small grammatical mistakes that should be corrected. Motion made by Williamson, seconded by Sippel, and unanimously approved 5-0 to change "place" to "Placed" on page 7 under section c2g, to remove the second "not" on page 8 under section c3b2, and to include "in accordance with the city's fee schedule" to section 4c on page 6, section i2 on pa-ge 8, and section 5b on page 11. Motion made by Williamson, seconded by Sippel, and unanimously approved 5-0 to adopt ordinance 13-02 with the aforementioned amendments. 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council Mayor Reinhardt noted that administration citations, social host ordinances, and the 2014 budget are on the agenda to be discussed at the upcoming police commission meeting on Sep. 19tn b. City Administrator Nothing to report. c. City Engineer Nothing to report. d. City Attorney Nothing to report. e. Utility Superintendent Nothing to report. 12. UPCOMING MEETINGS & TRAINING a. September 17, 2013 — LMCC — 5:00 PM b. September 18, 2013 — Fire Commission — 11:00 AM • c. September 19, 2013 — Full Police Commission — 8:00 AM d. September 23, 2013 — City Council Work Session — 7:00 PM e. September 25, 2013 — LMCD — 7:00 PM f. October 7, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll Motion made by Williamson, seconded by Hughes, and unanimously approved 5-0 to pay bills and payroll. 15. MISCELLANEOUS (Information Only) a. Fire Department Press Release b. August Fire Report c. Orono Police Compliance Check Results 16.ADJOURNMENT Motion made by Sippel, seconded by Bren, and unanimously approved 5-0 to adiourn the meeting at 8:24 p.m. • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On .cake Minnetonka • CITY OF SPRING PARK CITY COUNCIL AGENDA OCTOBER 7, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from September 16, 2013 b. City Council Work Session Minutes from September 23, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9, PETITIONS. REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Conduit Financing Public Hearing b. Resolution 13-18: Approving The Issuance & Sale of Senior Housing Refunding Note c. Resolution 13-19: Approving 2014 LMCC Budget 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator i. Winter Trail Maintenance ii. Park Island Apartments — Scott Qualle c. City Engineer i. Wiring Bids d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. October 9, 2013 — Administration Committee — 1:00 PM b. October 9, 2013 — Planning Commission — 7:00 PM c. October 9, 2013 — LMCD — 7:00 PM d. October 15, 2013 — LMCC — 5:00 PM e. October 21, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. September Fire Report b. August Financial Report 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL MINUTES OCTOBER 7, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake 94innetonka 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 pm. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, Engineer Pearson, various students of the MWHS Government class. 4. PLEDGE OF ALLEGIANCE - 5. ADOPT AGENDA — Reinhardt wants to add under 10d, Resolution 13-20. She said it's an amended LMCC joint powers agreement and resolution. Williamson makes a motion and Hughes seconds. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Reinhardt stated there are some updated, re -formatted minutes in front of the council. Reinhardt said the adoption of the 9-16-13 minutes includes the confidential part of the minutes. Bren makes a motion and Williamson seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from September 16, 2013 b. City Council Work Session Minutes from September 23, 2013 .7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS — None. 9. PETITIONS, REQUESTS & APPLICATIONS — None. 10.ORDINANCES & RESOLUTIONS a. Conduit Financing Public Hearing — Reinhardt said there is a speaker to discuss the public financing. Mark Beese with Northland Securities and Mark Meyers with Presbyterian Homes. He said they are here tonight to process conduit financing which is using the city's name to borrow money at tax exempt interest rates. Beese said the project is in the city of Chanhassen and three cities are being requested in order to get bank qualification for the project. He said the bonds are then sold to local, community banks. Reinhardt asked for clarification of the city's responsibility. Beese said the city is not on the hook for the money, it's just a conduit. Sippel asked about why Chanhassen isn't sponsoring it and Mark said because it's a 20 million dollar project, each city only gets 10 mil. • Reinhardt opens public hearing at 7:35 p.m. No comment received. Public hearing is closed at 7:35 pm. Reinhardt said the city attorney has reviewed the materials and recommends approval. Williamson wants to establish for the record this is an administrative function and no security interest is being provided. Hughes said to reaffirm his understanding he asks about item 3, receiving 1 /8 of 1 % of the bond issue and Reinhardt said this is what the other cities are charging. Williamson said this also covers the city's expenses. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 b. Resolution 13-18: Approving The Issuance & Sale of Senior Housing Refunding Note - Hughes moves approval of conduit financing as outlined in the documents. Williamson seconds. All votes ayes, motion carries. c. Resolution 13-19: Approving 2014 LMCC Budget — Reinhardt said Sippel and Williamson, LMCC representatives, can outline the budget and what is being approved. as there are significant changes. Williamson said it's been difficult. He said there has been an option to opt out and cities have thought about it and some have taken action but it was during the budget process so three budgets were considered taking into consideration what was going on. He said revenues are still uncertain. Williamson said the LMCC must adopt a proposed budget and provide it to member cities and they have 45 days to approve or disapprove the action. He said it takes a majority to approve or explicitly reject. Williamson said once a budget is adopted, to change it, specifically to increase expenditures, requires unanimous approval. Reduction in budget can be done administratively. He said the budget before the council is predicated on the exit of four cities and based on expected revenues of 2013 revenues. He said using current revenues with no expectation of additional revenues the budget is predicated on doing the commission's business and if the dollars so allow provide the current services. Williamson said cities can rescind their decision to depart the commission up to December 31 st. He said those dollars then become available. Proportionality is difficult. He said $257,000 covers the expenses to run the LMCC and also covers studio access, qualified producers, operating staff school and community events. Williamson said if a city chooses to leave, those expenses would leave and, if a city chooses to leave, staff reductions will have to be made. He said severance will have to be paid and unemployment compensation may hav to be paid. Sippel said this is a formality. Huges said there have been upgrades to the lightino and equipment and he wonders if this will short change them. Williamson said there is no debt and cash has been paid for equipment. Williamson said equipment needs have been met so far. Reinhardt asked if the approval was unanimous and Sippel said no. He said there were weighted votes, larger communities had more votes to cast. Williamson moves adoption of the proposed LMCC 2014 budget. Hughes seconds. All votes ayes except Sippel votes nay. Motion carries. 11. REPORTS OF OFFICERS & COMMITTE a. Mayor and Council — Reinhardt said staff is meeting with Boomerang Labs to discuss sewer credit options and to look at current metering. She said recommendations will be brought to the council. She said she received some complaints regarding Fletcher's Oktoberfest about the loud volume of music. She said this should be considered if it comes back next year. Sippel said Fletcher's also received calls. Hughes said there were some runners in the TC Marathon, Sandra McClellan, age 35 came in 27th and, in her division, she came in 3rd. Two other runners from Spring Park also completed. He suggests it be put in the newsletter. Mound resident Seth Brickley placed third in the ten mile. b. City Administrator i. Winter Trail Maintenance — Tolsma said this is an annual request to cities that have the trail. He said Spring Park has traditionally chose not to maintain the trail because of limited staff and equipment. Reinhardt said calls have been received from residents to maintain the trail for walking. She said the city would* be responsible for repairing damage to the trail and she doesn't want to take that 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 3 liability. Sippel said it would be nice to have the trail cleared but the conditions are prohibitive. He feels unless the entire trail is maintained versus randomly, it doesn't make much sense. ii. Park Island Apartments — Scott Qualle — Said he wants to bring the council up to speed about some issues that may come up. He said Mike and Rick Gorra own 2250 and 2270 Island Drive and he said the city recently received a complaint from a resident. He said there is an above grade and below grade garage structure. He said there is a tunnel that leads to the garage structure. He said on the other side there is a garage structure that is two story as well and they also both have pre -stressed concrete planks. He said the complaint was about the tunnel collapsing. He said the tunnel is made of concrete block. He said upon inspection, that structure is failing, the block is broken in many pieces and Qualle said the steel shims are rusted. He said the center core and interior core has fallen away in the other building. He said there has been some shoring up done. Qualle said a letter was written to resolve this quickly or condemnation would take place. Qualle said engineering is necessary and Gorra's are resistant to this. Qualle said he will likely be posting both garage structures. Hughes said this city needs a rental ordinance that would include these type of things as it keeps the quality level of rental units safe and up -to -code. Reinhardt said if the building inspector feels it's unsafe, it's unsafe. Reinhardt said from a practical standpoint she wonders how many cars will be displaced and what other parking options there are. Qualle said there are about 100 spots. Reinhardt asked about condemnation. Qualle said he would post red Do Not Occupy posters but he suspects they may be removed. Williamson asked about the percentage of occupation of the buildings. Qualle thinks they are probably close to full. Reinhardt asked Qualle if he is looking for a motion. She said Qualle has full authority as the building official. Qualle said the Tonka Grille has an issue that has been worked on for about a year. He said there is an issue with ventilation with the condos located above the Grille. He said fireplaces and water heaters are backdrafting. He said there are new commercial owners and it could be $20-30,000 repair. Hughes said he refers to rental properties and he believes there would be similar patterns found in rental properties throughout the city. Hughes thinks this is a good subject for a study session. Reinhardt asked how this came to light. Qualle said this was a resident complaint that goes back 12-15 years. He said it was recently brought to light when the decks were resurfaced. Reinhardt asked if there is an interim fix during the repair. Qualle said that was the hope during the summer but now it's October. Qualle said Certified Auto still has open permits dating back to the fire. Qualle said Phleghaar represents some challenges to completing his projects. He said there could be a Do Not Occupy issued. Phleghaar wants to do the work himself but doesn't get around to completing it. Hughes asked if the old permits have • expired can a requirement be made to reapply for new permits and new fees be assessed? Qualle said the question would be if he would refuse to reapply. c. City Engineer - 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 rd Wiring Bids — Pearson said the wire replacement project has to do with the streetlights on Shoreline Drive. He said background information is at the recent September work session there were a number of items discussed. All existing wiring serving Shoreline Drive was tested by passing a current through existing wire between streetlights. He said tests indicated 30% of existing wiring was in poor or marginal condition. He said marginal could mean cracking of insulation around the wiring. He said it might not need to be replaced but based on the subconsultant, Barr Engineering, they recommended to the city that both the poor wiring and the marginal condition wire be replaced. He said reasons were there can be stray current that grounds and there are costs related to the current going into the ground and the marginal wiring only gets worse. Pearson said some of the contract work to be completed did not need to be completed. He said the light standard bases, the bolts and the concrete foundations were in good condition. He said the original bid assumed 40% replacement and none were needed. He said there has been a savings of about $40,000. Pearson said he is a civil engineer, not an electrical engineer. He said one question was it is proposed six wires be installed between the streetlights and whether six wires are necessary. He said the answer is yes, six wires are needed. Positive wires, ground wires and neutral wires make up the six. As part of the installation they are proposing a two inch PVC conduit. He said this is a directional bore operation so sidewalks don't need to be removed, only at each end of the bore. He said the conduit is not necessary however electrical engineers state wiring can be damaged during installation. He said conduit is about $.70 per foot and it would be about a $2,000 item. Pearson said state code requires a minimum of 24" and a depth of 30" from grade is recommended He said there was discussion about county road upgrades in the future and the 30" depth placement should be good. Hughes said he was pleased that the conduit is running around $2,000. Williamson asked about the directional bore when a boulder is hit. Pearson said they might have to go around it or the boulder will have to be removed. Hughes asked about the depth of the water mains. Pearson said 7.5 feet of cover. Pearson said at the request of the council, quotes were solicited and seven contractors were invited. Four contractors submitted bids. He said three contractors submitted a quote. Pearson said a summary has been provided. Pearson said the three were Egan, Granite Ledge and Muska Electric. The quotes were read. Hughes asked about timeline as far as the quote. Pearson said Goman talked with Egan and if the contract is awarded and after city attorney review work could start as early as October 14t". He said there is a 14 day calendar completion and Egan can complete by the end of the month of October. Pearson said the light poles for the signal units and the other poles with the access panel changes should be completed by October 18t". Williamson asked about two bids being about $1700 apart. He said it's obvious to take the low bid but it should be a qualified bid. He wonders if there is an advantage in taking the technically second lowest bidder as they are doing the project already. Pearson said when there are two contractors working on the same project what about the warranty. Pearson said contractors will be working on top of each other to get 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 • • the work done according to the timeline. He said if there is conflict there could be finger pointing. Tolsma said there is something to be said about continuity. Williamson asked for Pearson's recommendation. Pearson said in his opinion he would stick with one contractor for the continuity factor. He said there would be no finger pointing and less of a hassle for staff. Tolsma recommends the same. Sippel agrees and so does Hughes. Sippel makes a motion for Granite Ledge for full part A and Part B poor and marginal wiring to be completed by the end of October. Hughes seconds. All votes ayes, motion carries. d. City Attorney — nothing. e. Utility Superintendent — nothing. 12. UPCOMING MEETINGS & TRAINING a. October 9, 2013 — Administration Committee — 1:00 PM b. October 9, 2013 — Planning Commission — 7:00 PM c. October 9, 2013 — LMCD — 7:00 PM — Hughes said the LMCD has moved into the Mound City Hall. d. October 15, 2013 — LMCC — 5:00 PM e. October 21, 2013 — City Council — 7:30 PM Reinhardt reminds of the appreciation dinner tomorrow evening. 13. UNFINISHED BUSINESS — none. 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Sippel asked about the claim for Granite Ledge and if that is for a substantial completion. Pearson said it is partial. Pearson said the pay request was $240,000 and the total contract without the banner poles was $356,000 and it should be around $316,000. Williamson asked about retainage. Pearson said it becomes discretionary until the punchlist is completed. Williamson asked if the wiring is separate. Pearson recommends checking with the city attorney on this because of a new state statute about change orders. Williamson makes a motion and Bren seconds to approval the claims. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. September Fire Report b. August Financial Report 16.ADJOURNMENT — Hughes makes a motion and Bren seconds to adjourn the meeting at 9:17 pm. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL MINUTES OCTOBER 21, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck, students from MWHS Government class. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Hughes makes a motion and Bren seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from October 7, 2013 b. Administration Committee Minutes from October 9, 2013 c. Planning Commission Minutes from October 9, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS — None. 9. PETITIONS, REQUESTS & APPLICATIONS — None. •10.ORDINANCES & RESOLUTIONS - Alternative Energy Ordinance Summary — Reinhardt said a lengthy alternative energy ordinance was passed and for newspaper publication a summary of the ordinance can be accepted by the council for publication. Beck said there are two things that need to be done. The Council needs to make a finding that the summary will clearly inform the public of the intent of the ordinance and then they approve the publication of the summary by 4/5ths vote. Williamson moves approval of the summary ordinance for Ordinance 13-02 and Bren seconds. Williamson said for the government students, when cities adopt ordinances they must publish in the paper the change or new ordinance. He said in cases of lengthy ordinances they can be published in summary form instead. Beck requests an amendment to the motion and summary of Ordinance 13-02 that it does clearly inform the public. Williamson agrees with that amendment and Bren agrees. Sippel asked why a copy of this can't be posted on line. He asked for a friendly amendment to include also posting this on the website and to make mention of this in the summary. It's accepted with the motion maker and the secondary that this friendly amendment is accepted. Motion, amendment and friendly amendment passes on roll vote, unanimously. Hughes requests for the next newsletter something be added about this new ordinance. 11. REPORTS OF OFFICERS & COMMITTEES - a. Mayor and Council — Reinhardt said the recent article in the Lakeshore Weekly News reported that there was a plan to replace the traffic lights in Spring Park and that is not correct. Reinhardt said there is an expansion for Metro Transit and there are workshops that the • council is invited to attend. • Hughes said the LMCD is now located at the old Mound City Hall. Hughes said on November 161h there is an all day seminar where young persons can get their safe 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 boating certificate through the DNR. He said it's an all day class and it's for the 12-13 year old age group. He said the class will be held at the HC Water Patrol building in Spring Park. • Williamson said for the LMCC the key issue is adoption of the budget. He said there ism approval from the majority of cities of approval for the budget (nine cities). He said it MW may be subject to some revision. He said secondly there are two changes to the joint powers agreement (JPA). One to change the votes necessary to make changes and the second to allow an opt -out on 15 months' notice if they want to leave the LMCC. He said those JPA proposals have been approved by 10 out of the 17 cities. He said some cities have given notice of withdrawal but four of the nine have a rescission clause. He said at the study session will be actual impact and the strategic lay of the land if they are passed or they are not. a. City Administrator — nothing. b. City Engineer — nothing. c. City Attorney — nothing. d. Utility Superintendent — nothing. 12. UPCOMING MEETINGS & TRAINING a. October 23, 2013 — LMCD — 7:00 PM b. October 28, 2013 — Work Session — 7:00 PM c. November 4, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Hughes makes a motion and Sippel seconds to pay the bills. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. Park Island Correspondence — Reinhardt said there is correspondence from the building • inspector and the owner of the apartments. Reinhardt said the letters are explanatory. She said the inspector is expressing unsafe conditions and the building owners are disagreeing. Tolsma said there is a meeting on Wednesday morning to discuss this issue. He said it will also come to the council's work session for discussion. He said there is no action for the council to take at this time. Hughes asked about the city's responsibility regarding the complaint filed by Gorra. Tolsma said he wanted to include it so the council is aware of this. He said the Gorras are hoping the city council will take action to basically go over the building official's head on this. Tolsma said Gorra was told this was unlikely. Williamson asked about the drain down of the water tower and it's been scheduled and rescheduled. He wonders if the November 6th schedule is okay with Goman regarding the cold weather. Tolsma said he spoke with the individual who will be going into the tank to do the inspection and that person isn't worried about the conditions and wasn't worried about the conditions when it was canceled. Apparently it's quick and the draw down might keep it from freezing if it's moving on the draw down. Tolsma explained the inspector is from St. Germaine and the city will have there own inspector as well. MADJOURNMENT — Hughes makes a motion and Bren seconds to adjourn at 7:50 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk . Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake 91,linneton a CITY OF SPRING PARK CITY COUNCIL AGENDA NOVEMBER 4, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from October 21, 2013 b. City Council Work Session Minutes from October 28, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Resolution 13-20: Adopting the LMCC Joint & Cooperative Agreement As Amended 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator • c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. November 4, 2013 — City Council — 7:30 PM b. November 13, 2013 —Administration Committee— 1:00 PM c. November 13, 2013 — Planning Commission — 7:00 PM d. November 13, 2013 — LMCD — 7:00 PM e. November 18, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. LMCC Live Feed Location Request Letter b. 2014 Proposed Tax & Market Value Information 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake 91,linneton a CITY OF SPRING PARK CITY COUNCIL MINUTES NOVEMBER 4, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 p.m. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Mayor Reinhardt introduced the council and staff to the viewing public. Administrator Tolsma, Clerk Lewin, students of MWHS government class. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA - Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. ADOPT CONSENT AGENDA — Hughes makes a motion and Williamson seconds to adopt the consent agenda. Williamson said on the Work session minutes, he has a couple of changes. He wants the proposed changes in the LMCC JPA to show an effective date of January 1 st, 2014, when unanimity can be achieved with remaining cities and he's going to request the council vote for it. The friendly amendment is agreeable to the second. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from October 21, 2013 b. City Council Work Session Minutes from October 28, 2013 6. PUBLIC FORUM — No one. 7. PRESENTATIONS & GUEST SPEAKERS — No one. 08. PETITIONS, REQUESTS & APPLICATIONS — None. 9. ORDINANCES & RESOLUTIONS a. Resolution 13-20: Adopting the LMCC Joint & Cooperative Agreement As Amended — Williamson moves adoption and Hughes seconds. Williamson said he clarifies that this does put the city on record of approving the suggested changes to the JPA to allow future amendments by two thirds vote and to allow for cities to choose in the future to do so with 15 months notice in October. Sippel said at any time with 15 months notice a city can withdraw as of December 31St but 15 months notice is needed. Reinhardt said they are voting on the actual document. Williamson said the out is it refers specifically to the amended document. All votes ayes, motion carries. 10. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — No one has anything. b. City Administrator - nothing. c. City Engineer - nothing. d. City Attorney - nothing. e. Utility Superintendent - nothing. 11. UPCOMING MEETINGS & TRAINING a. November 4, 2013 — City Council — 7:30 PM b. November 13, 2013 — Administration Committee — 1:00 PM — Reinhardt asked Tolsma and Williamson if it's okay to reschedule that meeting. She said she'll send an e-mail to work out a change date. c. November 13, 2013 — Planning Commission — 7:00 PM • d. November 13, 2013 — LMCD — 7:00 PM e. November 18, 2013 — City Council — 7:30 PM 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Sippel asked about the item under truck repair about adding a salting unit to the back of the city truck. Tolsma said there wasn't a lot of discussion with Goman on this. He said this was for the purchase and installation for a small salt spreader. Tolsma said he's not sure of the fuI* intention other than it may assist with trouble spots leftover after a plow and sanding event. Sippel questions why we are paying a contractor for this and then the city purchases the same equipment. Sippel said he thought this was why Concept Landscaping lost the bid because they didn't have salting equipment. Bren said she's curious, she wonders about the three bills At&T Mobility, Sprint and Nextel. Tolsma said Nextel is DJ's phone, AT&T is the IPad and Sprint is DJ's laptop. Hughes said the fire alarm battery indicator is going off so it's a reminder for Spring Park residents that courtesy Mound Fire, 9 Volt batteries are available at city hall. Williamson makes a motion and Bren seconds to pay the bills. Williamson said he doesn't think the bill should be held up but he thinks there should be an answer to any question a council member has on payment of the bills. Williamson wants to make a strenuous note of this so the question produces an answer in writing. Tolsma said there seems to be a threshold of spending without requiring council approval and that can be changed if the council would like to review expenditures. Williamson said petty items don't need council approval as routine and repetitive expenditures do not but, when it comes to an equipment purchase or an equipment modification, then these items need to be brought to the council. Tolsma said Goman will take care of certain areas in the city, lift stations, fire hydrants, city hall. He said maybe that's the thought process on this one. Reinhardt said she'd like an update in the dispatch this week. Sippel said it's not the amount, it's just that it's already contracted out. All votes ayes, motion carries. Hughes said with Goman not attending the council meetings and workshops, he doesn't have a chance to explain things to the council. He said there is some missed opportunity for communication. 14. MISCELLANEOUS (Information Only) a. LMCC Live Feed Location Request Letter — Reinhardt said they are requesting suggestions for live feed and free cable service. Williamson said he was also surprised to see this as it was a subject from a year ago. He said they want to continue connections to city hall and public works facility but some cities are bigger and may have more than one public works location. He said this is a way to catch those extra locations. Hughes said the intended use is what. Williamson said it's just the connections. They are looking for places that were overlooked. Hughes is thinking about the Water Patrol for safety activities. Reinhardt said her concern is the schools — mostly the high school. Sippel agrees; live feed from city hall might not be as important as having it at the high school. Williamson said there should be some interest expressed for schools, Water Patrol and Tolsma could communicate that to the LMCC. b. 2014 Proposed Tax & Market Value Information — Reinhardt said this was for taxes payable in 2015. 15.ADJOURNMENT — Sippel makes a motion and Hughes seconds to adjourn at 7:56 pm. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lake 9V inneton CITY OF SPRING PARK CITY COUNCIL AGENDA OCTOBER 21, 2013 — 7.30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from October 7, 2013 b. Administration Committee Minutes from October 9, 2013 c. Planning Commission Minutes from October 9, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Alternative Energy Ordinance Summary 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. October 23, 2013 — LMCD — 7:00 PM b. October 28, 2013 — Work Session — 7:00 PM c. November 4, 2013 — City Council — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. Park Island Correspondence 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 SPRING PARK On Lae 14inneton a CITY OF SPRING PARK CITY COUNCIL AGENDA NOVEMBER 18, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from November 4, 2013 b. Administration Committee Minutes from November 13, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Resolution 13-21: Release of Letters of Credit For Presbyterian Homes Redevelopment Project b. Resolution 13-22: Release of Escrow For Presbyterian Homes Redevelopment Project c. Ordinance 13-03: An Ordinance To Enforce Coal Tar Sealant Prohibition • 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. November 19, 2013 — LMCC — 5:00 PM b. November 25, 2013 — Work Session — 7.00 PM c. November 27, 2013 — LMCD — 7:00 PM d. December 2, 2013 — City Council (Truth In Taxation) — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. October Fire Department Report b. Fire Department Press Release 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL MINUTES NOVEMBER 18, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake 94inneton a 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 pm. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Reinhardt introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck, Engineer Pearson and various students of the high school government class. Former city administrator, Jim Brimeyer. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Hughes said under 6b., item 4, he has some questions. Hughes asked if Mound has a community service officer who is still an employee of the City of Mound. Reinhardt said this will be on the agenda at a future work session. Tolsma said the CSO will probably be invited to that work session. Williamson makes a motion and Bren seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from November 4, 2013 b. Administration Committee Minutes from November 13, 2013 7. PUBLIC FORUM — No one. 8. PRESENTATIONS & GUEST SPEAKERS — None. 9. PETITIONS, REQUESTS & APPLICATIONS None. 10.ORDINANCES & RESOLUTIONS a. Resolution 13-21: Release of Letters of Credit For Presbyterian Homes Redevelopment Project — Project Manager Jim Brimeyer said he is here for three reasons. One to inspect the new streetlights and feels it's a nice addition. He said secondly to make the final report on this project and thirdly he gets a place set for the annual appreciation dinner. Brimeyer said when the project started, letters of credit were required at 110% and when completed that amount could be reduced to 10%. He said when it was finished in 2011 it was reduced to 5% because of the infamous July 2011 rainfall and questions about storm water runoff as it related to it. Brimeyer said if there are no outstanding concerns, the funds could be released at this time. He said $5,000 was held back for landscaping concerns and about $4500 remains because there are a couple of trees that haven't made it and they are going to be replaced. He said he recommends not releasing the escrow fees until they are planted. Reinhardt said Resolution 13-22 has as a condition the trees be replaced first. Tolsma said he spoke with Belz and the tree plantings are lined up for tomorrow. Upon looking at the site, the species of trees were not the right tree for that location for the amount of irrigation. He said trees will be replaced that are more water tolerant. Williamson asked about the two trees that are still alive. Tolsma said those two are different than the three that died. The recommendation is for linden tree plantings. A warranty will be gotten for the landscaping. Hughes moves approval of 13-21 • and Bren seconds. All votes ayes, motion carries. b. Resolution 13-22: Release of Escrow For Presbyterian Homes Redevelopment Project - 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 Williamson said as suggested by Brimeyer, the language seems clear but wonders if this was prepared by staff or the attorney. Beck said she prepared it and Tolsma modified it to include the trees. Hughes wonders about waiting another month after the trees are in and we know the exact number considering any additional costs. Williamson agrees because there are outstanding issues. Brimeyer said it's not the dollar amount and more about closing this out. • He said a condition could be made that there is assurance that all has been paid, the trees are planted and there is a warranty. Reinhardt said she's comfortable adopting the resolution with the conditions. Reinhardt moves approval of 13-22. Sippel seconds. Hughes said his question is something in the motion and an amendment friendly accepted that the city receives a copy of the warranty for the trees and we have documentation from subcontractors that they're done with the project. Brimeyer thinks that's reasonable. Reinhardt withdraws her original motion and Sippel agrees. Reinhardt makes a new motion to approve Resolution 13-22 subject to a condition that the city is provided with documentation of a warranty on the trees and documents that the subcontractors have been paid the final amounts. Sippel seconds. All votes ayes, motion carries. c. Ordinance 13-03: An Ordinance To Enforce Coal Tar Sealant Prohibition — Tolsma said in the 2013 session the State Legislature passed a law banning the sale and use of CTS coats used in residential seal coats of driveways. He said they leave it up to cities and cities should adopt the model ordinance by the League of MN Cities. Tolsma said Hughes thinks this has been previously discussed. He said it might even be difficult to get this cold tar sealant anymore. Hughes wonders about the enforcement process. Tolsma said the police would probably be called and a citation could be written. He said it's a misdemeanor with a $1000 fine. Sippel wonders how the police would even know it was cold tar sealant. Tolsma agrees it would be difficult. Hughes said he thought he heard Goman say someone was still using this product as soon as a year ago. Tolsma said this could be further discussed at work session, if necessary. Hughes said he likes the ordinance but thinks it might be worthwhile to,* bring it up at a work session and have Goman weigh in on what the commercial people are doing. Hughes moves approval of 13-03 and Williamson seconds. Williamson said it's already a state law. He said we're acting as a subdivision of the state. He thinks it will be worthwhile to bring this to study session in order to discuss enforcement. He thinks residents need to know this is on the books come spring. All votes ayes, motion carries. 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — Reinhardt said she got an email from our assessor Kevin Wynn with foreclosure listings for Hennepin County. She said there was just one in Spring Park on Park Lane. Hughes said the LMCD had the safety workshop last week as a trial run. He said there are a few changes that need to be made. He said it was well received. b. City Administrator — Nothing. c. City Engineer — Nothing. d. City Attorney — Nothing. e. Utility Superintendent — Nothing. 12. UPCOMING MEETINGS & TRAINING a. November 19, 2013 — LMCC — 5:00 PM — change is 5:30 pm. b. November 25, 2013 — Work Session — 7:00 PM — Reinhardt said this is also the night of the tree lighting. She suggests a notice be put in the packet with timing information. c. November 27, 2013 — LMCD — 7:00 PM — This meeting has been canceled. d. December 2, 2013 — City Council (Truth In Taxation) — 7:30 PM 13. UNFINISHED BUSINESS —none. . 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 3 • • Sippel said he wants to ask about the payment to Leander Johnson. He said it was for repair/replacement of sidewalk and a portion was related to street light. He thought that was contracted through Granite Ledge. He wonders if he's mistaken. Tolsma said he thinks Granite Ledge ended up using our sidewalk guy as a subcontractor of theirs. Sippel wondered if Granite Ledge would be responsible for the payment to Johnson instead of the City, just so they're not double paid. Sippel said there was discussion about coupling some sidewalk repair and he wonders if this was for what was done in advance of the streetlights or in conjunction with the streetlights. Sippel makes a motion to approve to pay the bills except withhold payment #27609 until clarification. Hughes seconds. All votes ayes, motion carries. 15. MISCELLANEOUS (Information Only) a. October Fire Department Report b. Fire Department Press Release MADJOURNMENT — Williamson makes a motion and Hughes seconds to adjourn at 8:04 pm. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Lcy ;� T � I Ak On Lake Minnetonka CITY OF SPRING PARK CITY COUNCIL AGENDA DECEMBER 2, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from November 18, 2013 b. City Council Work Session Minutes from November 25, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS 10.ORDINANCES & RESOLUTIONS a. Resolution 13-23: Final Tax Levy for 2014 b. Resolution 13-24: 2014 Budget 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council • b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. December 11, 2013 —Administration Committee— 1:00 PM b. December 11, 2013 — LMCD — 7:00 PM c. December 11, 2013 — Planning Commission — 7:00 PM d. December 16, 2013 — City Council — 7:30 PM e. December 23, 2013 — Work Session — 7:00 PM (Move to December 30tn?) 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL MINUTES DECEMBER 2, 2013 — 7.30 PM SPRING PARK SPRING PARK CITY HALL On Lake 91,linnetonka 1. CALL TO ORDER - Mayor Reinhardt called the meeting to order at 7:30 pm. 2. ROLL CALL - Sippel, Williamson, Bren, Hughes, Reinhardt 3. INTRODUCTIONS - City Administrator Dan Tolsma and various students of the MWHS government class. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA - Williamson makes a motion and Hughes seconds to adopt the agenda. Hughes has a change under 14 a. to start discussion on drafting a rental ordinance and suggests to make claims item b. Hughes asks the motion maker for the friendly amendment and Williamson agrees. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA - Sippel makes a motion and Bren seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from November 18, 2013 b. City Council Work Session Minutes from November 25, 2013 7. PUBLIC FORUM - No one. 8. PRESENTATIONS & GUEST SPEAKERS - None. 9. PETITIONS, REQUESTS & APPLICATIONS - None. 10.ORDINANCES & RESOLUTIONS - a. Resolution 13-23: Final Tax Levy for 2014 - Tolsma said he has PowerPoint presentation. He outlines the revenue and expenditures. Tolsma discusses market value affecting property tax. He explains tax capacity to a percentage applied to properties. Illustrated is where tax dollars go. Tolsma explained who the other taxing authorities are. Williamson said the "other" category covers several agencies including mosquito control, the Watershed District. Reinhardt said the levy is established at $980,000. She said it's the same as 2009 and 2010. She said it reduced slightly but now it's increased again slightly. She said the preliminary levy was set in September, it's been discussed in several work sessions and it's now up for adoption. Sippel asked if the snow plowing contract was under streets and Tolsma acknowledged. Hughes moves to accept 13-23 adopting the final tax levy. Sippel seconds. All votes ayes, motion carries. b. Resolution 13-24: 2014 Budget - Williamson makes the motion to adopt Resolution 13-24. Bren seconds. Hughes said in past years, he wonders if 601-39104 other revenue for water fund on page three if that's where the rental fees come in for the water tower. Tolsma said yes, the fees charged for using the water tower for attenae. Hughes said that increases every year and he doesn't know if it's every three years. Tolsma said it's spelled out in each individual contract and he and Goman went through these contracts recently. Hughes noted the amount received this year has almost doubled. Tolsma said he wants to check on that as there was an upgrade to an antennae. Reinhardt said the general fund budget is for $1,080,310 and again, it's • something the council and staff have worked on over several study sessions. All votes ayes, motion carries. Williamson is curious where the administrative fee for earnings received on the conduit financing for Presbyterian Homes is placed. He wonders if it 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 will be unaccounted for until it actually happens. Tolsma said it will be included in this year's revenue as they just received the check last week. 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council - Reinhardt said City Clerk Wendy Lewin's father passed away and the arrangements are the review is on Tuesday evening and funeral on Wednesday. Reinhardt said she received information from City of Wayzata regarding a scenic by- way program to recognize historic and natural locations. She said there will be a meeting to start defining what that means for cities and what involvement will be. Hughes has a quick update for the LMCD. He said they're having an open house from 4-7 pm either Wednesday or Thursday of this week. He doesn't have the notice with him but he can get the specific information if anyone is interested. Sippel said he noticed in the letter sent out regarding water quality and the reference to consult with the city's website and the website is not on the city's letterhead. Sippel said this is pretty standard stuff. b. City Administrator - nothing. c. City Engineer - nothing. d. City Attorney - nothing. e. Utility Superintendent - Reinhardt said there is a brief report in front of the council from Goman about the banners and the light poles and Christmas decorations. 12. UPCOMING MEETINGS & TRAINING a. December 11, 2013 — Administration Committee — 1:00 PM b. December 11, 2013 — LMCD — 7:00 PM c. December 11, 2013 — Planning Commission — 7:00 PM d. December 16, 2013 — City Council — 7:30 PM • e. December 23, 2013 — Work Session — 7:00 PM (Move to December 30th?) Reinhardt asked the council their thoughts. Williamson suggests this be revisited at the next council meeting to see if there are items that would need to be discussed at a work session. 13. UNFINISHED BUSINESS - 14. NEW BUSINESS & COMMUNICATION a. Hughes said 24:44 at work sessions time was spent talking about rental housing and other cities have ordinances that regulate and inspect. He said in order to get this moving, decisions cannot be made at work sessions so therefore Hughes moves the City of Spring Park explore a rental ordinance that would include licensed rental property in R-1 and R-2 districts to include safety inspections of the rental properties. Reinhardt seconds. Hughes said he thinks the planning commission can be involved to explore, examine and look at the International Property Maintenance Code and knowing full well Mound Fire already does a lengthy inspection of apartments. Sippel said R-1 and R-2 has been called out and not R-3. Hughes said R-3 is already inspected. Sippel said he thinks all of it should be required. Hughes said it would be easy to add R-3 to the motion. Hughes changes his original motion removing the specific zoning districts and Reinhardt agrees to the change. All votes ayes, motion carries. b. Bills and payroll - Reinhardt said the claims are in front of the council tonight and they were previously e-mailed to council members. Williamson makes a motion and Hughes seconds to pay the bills. All votes ayes, motion carries. • 15. MISCELLANEOUS (Information Only) 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 0 • • 16.ADJOURNMENT Hughes makes a motion to adjourn at 8 pm and Bren seconds. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 �* - IIIIIII■It "INS On .cake 9d innetonka CITY OF SPRING PARK CITY COUNCIL AGENDA DECEMBER 16, 2013 — 7:30 PM SPRING PARK CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. INTRODUCTIONS 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA 6. ADOPT CONSENT AGENDA a. City Council Regular Meeting Minutes from December 2, 2013 b. Draft Planning Commission Minutes from December 11, 2013 c. Administration Committee Minutes from 12, 2013 7. PUBLIC FORUM 8. PRESENTATIONS & GUEST SPEAKERS 9. PETITIONS, REQUESTS & APPLICATIONS a. Conditional Use Permit Application — 3942 Del Otero Accessory Structure Exceeding 1,000 sq. ft. (Resolution 13-25) 10.ORDINANCES & RESOLUTIONS a. Interim Ordinance 13-04: Establishing a Moratorium on Accessory Structures Exceeding 1,000 sq. ft. • 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council i. Water Tower Discussion — Mark Vyvyan ii. 2014 Staff Wages b. City Administrator c. City Engineer d. City Attorney e. Utility Superintendent 12. UPCOMING MEETINGS & TRAINING a. December 17, 2013 — LMCC — 5:30 PM b. December 18, 2013 — Full Police Commission — 8:00 AM c. December 23, 2013 —Work Session — 7:00 PM (reschedule or cancel) d. January 6, 2014 — Council Meeting — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll 15. MISCELLANEOUS (Information Only) a. WeCAN Correspondence b. Mound Fire Department Press Release c. Mound Fire Department November Report d. Final Pres Homes Payment Report • 16.ADJOURNMENT 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK CITY COUNCIL MINUTES DECEMBER 16, 2013 — 7:30 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER — Mayor Reinhardt called the meeting to order at 7:30 pm. 2. ROLL CALL — Sippel, Williamson, Bren, Hughes, Reinhardt. 3. INTRODUCTIONS — Reinhardt introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck, Planner Brixius, Engineer Pearson, various students of the MWHS Government class, Mason and Erickson of the Planning Commission, CUP Applicant Rick Rehman. 4. PLEDGE OF ALLEGIANCE 5. ADOPT AGENDA — Williamson makes a motion and Hughes seconds to adopt the agenda. All votes ayes, motion carries. 6. ADOPT CONSENT AGENDA — Sippel makes a motion and Bren seconds to adopt the consent agenda. All votes ayes, motion carries. a. City Council Regular Meeting Minutes from December 2, 2013 b. Draft Planning Commission Minutes from December 11, 2013 c. Administration Committee Minutes from 12, 2013 7. PUBLIC FORUM — No one. • 8. PRESENTATIONS & GUEST SPEAKERS — None. 9. PETITIONS, REQUESTS & APPLICATIONS a. Conditional Use Permit Application — 3942 Del Otero Accessory Structure Exceeding 1,000 sq. ft. (Resolution 13-25) Brixius explains his planning report and that the initial application was for replacing an accessory building with a larger storage building garage. Brixius said there was a change in the original plans responding to concerns from planning commissioners. He said the application now meets all setbacks. Another concern was building height and the applicant revised his plan to demonstrate compliance with building height and this in itself reduced the square footage. Brixius said the applicant was also pursuing an increase in impervious surface and it now stands at 36%. Brixius said in order to exceed the code's limits of 1000 square feet, a conditional use permit is required. Brixius said Rehman has contacted the Minnehaha Creek Watershed District and they have no concerns. It has been suggested the driveway be pitched in order to direct runoff. Brixius said the commissioners have concerns regarding the size of the building and whether it is in keeping with the character of the neighborhood. Brixius said there are five criteria for evaluating this. Brixius said the Planning Commission felt the proposed plan was not consistent with the single family neighborhoods of the city, over dominated the site as to which is the primary and accessory structures on the lot. He said their recommendation was for denial of the CUP with the findings. Brixius has prepared two resolutions; one recommending denial and the other recommending approval. Brixius said there is a correction in the square footage as it's been reduced. Reinhardt qks for questions from the council. Williamson asked about the approval recommendation, under te resolved clause, the conditions that the garage not be used as commercial, residence or home occupation. Williamson wonders about future owners. Brixius said the CUP runs with the property 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 2 and it would be recorded against the property. Enforcement would be through administrative fine and a cease and desist order. Rich Rehman, 3942 Del Otero Avenue, Rehman said he came to the city nd asked about building a garage. He said he was told it was by variance or by conditional use and pursued the CUP route as he wanted to exceed the 1,000 square foot limit. He feels he has met the code requirements. He said there are difference of opinions. Williamson wonders why someone would want to build something three times the size of the primary structure. Rehman replied because that's what he wants to do. Hughes said when reading the Planning Commission minutes and their thoughts, he is inclined to side with the Commission's findings. Bren said she also agrees with the findings of the planning commission. She said if this was in her neighborhood she would have concerns about the size of this accessory structure. Sippel said he's conflicted but he's sympathetic because he's gone through a similar thing. He said it's the shear size of the building that bothers him and he feels it's more suited to a country setting with a bigger lot. Sippel said he feels it's unfortunate that the CUP option was available as it gave a false impression that this was a possibility. He said in his mind CUP's are more appropriate for commercial districts and not for residential. He said the concern is the building is two - three times the size of the primary structure. Williamson said he agrees with the comments, queries and conclusions reached by the Planning Commission given the character of the area and the character of the neighborhood. Williamson is also concerned about the use of the CUP route. Williamson said CUP's are more appropriate for redevelopment within a residential district. Williamson is also concerned about the standard that this would set. Reinhardt said she is also conflicted. She said she agrees with the Commissioners' findings but she 0for personal property rights. She said Rehman is within his rights to apply for this CUP. Reinhardt said this was strategically chosen and is the correct way to go. She wonders if there is some modifications that could take place, perhaps by connecting the garage to the house instead of a stand alone building. Rehman said his opinion of Del Otero, there is everything in the neighborhood. He said The Mist is oversized and he is right next to them. He said there are twinhomes in his neighborhood and they are well over hardcover allowances. Rehman said the 16 foot building height is in the code and he doesn't think it overshadows and overpowers the neighborhood. Rehman said his neighborhood is made up of many different types of buildings and his request is fitting into the neighborhood as he sees it. Rehman said this cost him a lot of money and he feels he has met everything in the code. He said he wants the biggest garage he can get and he said there isn't one thing in the code that says the accessory structure can't be bigger than the primary structure. Hughes said there are two documents with Resolutio 13-25. He makes the motion to approve 13- 25 denying the cup for an oversized single family accessory. Bren seconds. Sippel said he agrees with Rehman that there needs to be specification and there is false impression being given. Sippel said this needs to be tightened up. Reinhardt agrees with this as well. On roll call vote, all votes ayes, motion passes for denial of the CUP application. Reinhardt said to Rehman to keep in touch with staff as the next agenda item talks about the inconsistencies in the code. She said the council does want owners to do what they want with their property and she appreciates his application. 10.ORDINANCES & RESOLUTIONS • a. Interim Ordinance 13-04: Establishing a Moratorium on Accessory Structures Exceeding 1,000 sq. ft. — 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Brixius said the ordinance has to be more specific and there needs to be a tightening of the cap on square footage. He said the Planning Commission will be looking at caps on square • footage and height requirements and it needs to be researched and studied. He said this takes time. He said there is a moratorium being suggested on anything that exceeds the 1000 square feet. Brixius said the ordinance has been reviewed by himself and the city attorney. Reinhardt said there is a revised version in front of the council tonight. She said it is a marked copy in order to view the changes. Williamson asks Brixius in the marked up version a reference is made to applying to a detached accessory structure or attached garage. Brixius said there is an inequity for detached or attached. Reinhardt wonders if the 90 day moratorium is an adequate time frame for this. Brixius thinks this is adequate and if there is feedback, he feels it's important to let the administrator know. Hughes wonders about rebuilding of something that is already built. Brixius said it's allowable under the legal nonconforming laws and the ability to rebuild. Williamson makes the motion to approve and accept Resolution 13-04 for the moratorium on accessory structures exceeding 1000 square feet. Reinhardt seconds. Sippel said he questions the need for a moratorium versus just doing it. He said the 90 days makes them get it done. He said the other option could be to rescind the option of CUP in a residential district and evaluate it on its own merits. He said if another application comes in he doesn't want to hold it up. He said his concern is this looks like this would prevent Rehman from reapplying right away. Hughes said he thinks a joint work session with the Planning Commission could maybe get this done sooner than 90 days. Williamson agrees. He doesn't want to hold this up any longer than necessary. He said the moratorium can always be lifted if it's completed sooner. Brixius said this does not affect garage requests under 1000 square feet. All votes ayes, except Sippel votes nay. Motion passes 4-1. 11. REPORTS OF OFFICERS & COMMITTEES a. Mayor and Council — THIS IS CONFIDENTIAL MATERIAL — Pull these off. i. Water Tower Discussion — Mark Vyvyan — Reinhardt said this is a closed session due to potential litigation. She said the Council will go into closed section and excuses the students. Reinhardt makes a motion to close the meeting for discussion and consultation with legal council. Hughes seconds. 8:13 p.m. The council meeting is reopened at 8:43 pm. ii. 2014 Staff Wages — Reinhardt said Tolsma has a report in the packet. She said there has been previous discussion at the study session and there are some charts showing the employee benefits and wages. Tolsma said the council can direct him to do more research and he can do that. Reinhardt said she makes a motion to adjust staff wages with an increase of 3% for 2014. Sippel seconds. Reinhardt asks for discussion, comments or concerns. Sippel said he doesn't like blanket wage increases and feels there should be merit associated with this. He said there has been talk about performance reviews and he would be more comfortable seeing the output of that review process. Hughes said he thinks the staff does a good job. Reinhardt asked about the review process and Tolsma said he has not done individual reviews but there have been some internal reviews based on observation. He said staff reviews are many times spontaneous because of the small staff. He said he commends staff on their ability to adapt or change based on the direction. Tolsma said there has been some budget savings to the city and the upgrading to the bond rating is indicative to the performance of the staff. Hughes said he can go either way. Bren asks about the chart showing differences in the • percentages and Reinhardt said that was last year's percentages and this year the proposal is for 3% for each employee. All votes ayes, motion carries. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 n • Reinhardt said she received a letter from the Department of Revenue letting cities know of the sales tax exemption for cities and if there are any questions. She said this was • • received too late to have any affect on the budget. Reinhardt said she will be sending an e-mail for committee assignments. • Williamson said the LMCC is establishing membership and six cities have reserved the right to withdraw from the franchise. He said the number has changed but it does appear Tonka Bay is departing the LMCC and Minnetrista is voting tonight. He said there could be a deferral to leaving the LMCC due to the new rules of the JPA. Williamson said Medina, Victoria, Tonka Bay and Orono are leaving. He said it looks like there will be twelve cities remaining but it will change the budget. Williamson feels there will be unintended consequences. Reinhardt encourages those to call their respective mayors who opted out of the LMCC to voice their views. Hughes wonders about future costs that cities will have to pick up due to the departure of other cities. Williamson said absolutely as they are dealing with a potential reduction of $300,000 to their budget. b. City Administrator - Nothing c. City Engineer - Nothing d. City Attorney - Nothing e. Utility Superintendent — Tolsma said the high service pumps have been pulled and they are being sent to the shop for maintenance. 12. UPCOMING MEETINGS & TRAINING a. Desem"eF 17, 2013 ""G-6 0 P.M — Williamson said this meeting was already held and there won't be one on the 17tn b. December 18, 2013 — Full Police Commission — 8:00 AM c. DesernbeF 23, 2013 —` VoFk Session : 0 P (reschedule or cancel) — Reinhardt asks • if there is anything critical or pending or could the items be delayed. Tolsma said the only thing is the moratorium. Reinhardt is hoping this would be coming in January. Sippel wonders about the second Monday of the month in January in order to provide some guidance to the Commissioners. Reinhardt said it won't work because the first council meeting in January is on the 6tn and the PC meeting is on the 8tn. Reinhardt said she thinks the PC have ideas as to where they would like to direct this. Sippel said he has some very specific thoughts on this and Hughes does also. Reinhardt makes a motion to cancel the work session. Sippel seconds. All votes ayes, motion carries. December 2013 Work Session is canceled. d. January 6, 2014 — Council Meeting — 7:30 PM 13. UNFINISHED BUSINESS 14. NEW BUSINESS & COMMUNICATION a. Bills & Payroll — Sippel asked about the retaining wall and Norlings bill. He said his question is about the allocation and he doesn't know why that is split across two different accounts. He said he'd rather see that dedicated to one account. Tolsma said that could be done. He said the rationale was to split it in order to account for adequate funds. Sippel said his perspective is it looks like it's getting buried. Hughes asked if there is a letter to let the hardware store know that we don't pay sales tax anymore and all the vendors we purchase from for that matter and provide them the tax exempt ID number. Tolsma said there is an effort to watch the claims and have contact with vendors in order to watch this. Hughes makes a motion and Sippel • seconds to pay the claims with the reallocation to the funds. Williamson said this work is very close to where he lives. He said when he investigated this he noticed a lot of the work was concentrated around the fire hydrant in order to have a clear space. He 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 5 • said that's maybe why it was partially allocated. Tolsma said that is correct as it was part of an internal discussion that was held. Sippel said he questions that it was put in building improvement fund. Sippel said he likes to keep the project costs together. Reinhardt wonders if staff should come back with alternatives as to where that project should be coded. All votes ayes, motion carries. 15. MISCELLANEOUS (Information On a. WeCAN Correspondence b. Mound Fire Department Press Release c. Mound Fire Department November Report d. Final Pres Homes Payment Report %ADJOURNMENT — Williamson makes a motion and Hughes seconds to adjourn the meeting at 9:19 pm. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PAR CITY COUNCIL CLOSED SESSION MINU I C) "F CO� DECEMBER 1 — ��� SPRING PARK 6, 2013 HALL PM 4` On Lake 9Minnetonka SPRING PARK CITY HALL Mark Vyvyan said he provided a memo. He said since the last time he was here�egwir'FFton requested 2008 report that KLM did and the field quality control data and that has not en produced. Two inspections were schedule and there were two delays. saidinspection finally was able to take place. The inspection was of the interior`w exterior. He aid the substantive report was the interior of the wet portion of the tiro It'°looks like delamination and it's mineral build up and not blistering of the interior portiot)*.,the tank The good news it's not a problem. The exterior there is not a dispute it's the degree in .which the"'delamination. After the inspection there was a one page report and the offer was made to clean and apply an expoxy and a urethane coating to $18,000. Vyvyan saide thinks that's the way this should go. This would be a spot repair. Vyvyan suggests as a counter proposal six categories of repairs, two are interior wet and dry coating repairs should beremoved$58,7 cost. He said four, interior wet inter dry structural repair exterior replacement and mobilization costs for $30,000. He said structural are 10,200 a re -, McgMre Iron's fault and they won't pay for them. In coming up with a number two thing co4#ings have served 40% of their useful life. He would discount the cost K ll` m up` With by 20% as they would have built in a profit margin. When doing the math it comes tout $71,112. He said another option is a lower cash payment offer and he doesn't" e that yc tion. Hughes asks about inspection of the exterior of the tower showed mold and''mildeii. Hughes asked if that's a correct statement. Vyvyan said it is due to condensation and buildup. It is a maintenance issue. Sippel asked about mCquires abou�he spot fixif ndwonders if there is a sense to the value of this. Sippel asked what..the ri arket value I of that repair. Sippel asks what percentage of the surface of the towproposed to be repaired. Vyvyan said it's the upper knuckle but he can't put a number on it. He said it's not a big portion. Sippel said a 40% discount off the useful life of the b_it�#ire surf ce�of the structure. Sippel said he doesn't mind asking for that but he doesn't feel 60y'II go for�that. He wonders what the bottom limit we would accept. Sippel thinks the delaminatipn is occurring on the upper part of the tower and it's not visible he would go for the spot repair.,,, Sippel said what's noticeable to him is th rt and grime on the underside. Williamson said Goman showed him phot botos it's a large area. He also said new coatings goes on to the water tow �an impact on the logo and letterings and that's an additional expense that ci�ld be incurred. Reinhardt is inclined to say this is a good starting point. She said its logical and fair. Hughes said the starting point looking to do the entire thing. Vyvyan said that's his recommendation. Sippel asked Pearson if the costs include sandblasting and repainting. Vyvyan said it's not painting over, it's starting over. Bren said she agrees it's a good starting point. Reinhardt makes a motion to direct attorneys to start negotiation to repaint the water tower for $71,112. Williamson seconds. He said he wants the numbers redone so they are sure the numbers are right. Vyvyan said he tower would be redone and it would look like it does now. Sippel said he would prefer not to go through rounds of negotiations. He said he'd like to have a better feel for the floor and give the attorneys the leverage to work within those boundaries. Vyvyan said he can get some more answers to those questions. Sippel doesn't want Vyvyan to go round and round either. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 • • Reinhardt asked if the motion is still in place or to hold off. Sippel doesn't see what the urgency is at this point. He said he'd rather have the correct numbers. Reinhardt can withdraw the motion. Reinhardt said she feels okay with presenting the $71,000 number but it might be better to get a feel for this with concrete numbers. Reinhardt does withdraw her motion. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160