6/5/2017 - City Council - Regular - Minutes CITY OF SPRING PARK
CITY COUNCIL MINUTES
JUNE 5, 2017 — 7:00 PM
SPRING PARK SPRING PARK CITY HALL
On Lake Minnetonka
1. CALL TO ORDER- The meeting was called to order by Mayor Rockvam at 7:00 p.m.
Council Members Jerome P. Rockvam, Mayor; Gary Hughes; Catherine Kane Palen; and Megan
Present: Pavot
Council Members Pamela Horton
Absent:
Staff Present: Dan Tolsma, City Administrator; and Theresa Schyma, City Clerk
2. PLEDGE OF ALLEGIANCE—Mayor Rockvam led the audience in the Pledge of Allegiance.
3. ADOPT MEETING AGENDA
M/Hughes, S/Pavot to adopt the meeting_aWndnda.
Motion carried 4-0.
4. ADOPT CONSENT AGENDA
a. Work Session City Council Meeting Minutes from May 15, 2017
b. Regular City Council Meeting Minutes from May 15, 2017
c. Annual Liquor, Cigarette, & Dance License Renewals
d. Lord Fletcher's Restaurant Special Event Permits —June 16th &June 25th
Council Member Pavot requested a correction to the Regular City Council Meeting Minutes from
May 15, 2017 in regards to Item #8 to add "was in negotiations to perform" when discussing her
reason for recusal.
Chad Nelson, Lord Fletcher's representative, was in attendance and available for questions.
M/Pavot, S/Hughes to adopt the Consent Agenda as amended.
Motion carried 4-0.
5. PUBLIC FORUM - None.
6. PRESENTATIONS & GUEST SPEAKERS - None.
7. PUBLIC HEARINGS
a. Back Channel Brewery—Taproom On-Sale & Growler Off-Sale Licenses
Mayor Rockvam opened the public hearing at 7:05 p.m.
Representatives from Back Channel Brewery were in attendance and available for questions.
M/Pavot, S/Kane Palen to close the public hearing.
Motion carried 4-0.
M/Rockvam, S/Hughes to approve the issuance of new taproom on-sale and growler off-sale
licenses for Back Channel Brewery, 4787 Shoreline Drive, contingent upon the brewery owners
meeting all requirements listed in their Conditional Use Permit (Resolution No. 16-22) and
obtaining a Certificate of Occupancy from the City Building Official prior to receiving their
licenses.
Motion carried 4-0.
8. PETITIONS,REQUESTS, &APPLICATIONS - None.
9. ORDINANCES & RESOLUTIONS
a. Ordinance 17-02: Sexual Predator Residency Restrictions
b. Resolution 17-10: Authorizing Summary Publication of Ordinance 17-02
City Administrator Tolsma presented a summary of the ordinance and reviewed the distance
restrictions that were recommended by the City Attorney.
M/Hughes, S/Kane Palen to approve Ordinance No. 17-02, amending Chapter 22 of the Spring
Park City Code regarding sexual predator residency restrictions, that it be published in the official
newspaper, and that it be made part of these minutes.
Motion carried 4-0.
M/Pavot, S/Kane Palen that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 17-10
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE
AMENDING CHAPTER 22 OF THE SPRING PARK CITY CODE REGARDING SEXUAL
PREDATOR RESIDENCY RESTRICTIONS
Motion carried 4-0. This resolution appears as Resolution No. 17-10.
10. REPORTS OF OFFICERS AND COMMITTEES
a. Mayor& Council—Mayor Rockvam questioned the City's approach on the dock issue at 5th
Street Ventures and asked for an update.
City Administrator Tolsma responded that he has had conversations with City Building Official
Qualle, City Attorney Jensen-Beck, and LMCD Executive Director Schleuning. He stated that City
Attorney Jensen-Beck researched the issue and concluded that the City does have the legal authority
to require an upgrade for ADA accessibility with the dock expansion that was granted by the
LMCD. He added that Building Official Qualle is looking into options for "red tagging" the
property until the owner is in compliance. The City would rather resolve this issue with the property
owner; however, if it is not resolved by the end of the week then action will be taken by the City.
Council Member Kane Palen questioned if there was a breakdown in communication with the
property owner about commercial marina requirements and the necessary upgrades for dock access.
She also asked why the City isn't consulted earlier in the application process with the LMCD.
Council Member Hughes, who is also the Council's representative to the LMCD, discussed the
LMCD's commercial dock application and approval process.
City Administrator Tolsma stated that he is working with the LMCD to ensure that applicants are
fully informed about all requirements throughout the application process. He added that the City
does not have any authority over the dock but does have authority as to how people access the
structure. He continued that the owner of 5th Street Ventures owns several commercial properties in
the area; he should be familiar with standard practices and ADA requirements in the commercial
field.
b. City Staff— City Administrator Tolsma announced that fire hydrant flushing is June 5-9. He
also mentioned that the five inoperable fire hydrants in the City are currently being repaired.
Mayor Rockvam stated that it bothered him that five fire hydrants were inoperable for a few weeks
and believes that PeopleService did not handle the repairs in a timely manner.
City Administrator Tolsma clarified that those five fire hydrants have been inoperable for
potentially years and that the City was unaware of that fact until PeopleService came to the City and
found the problem. City Administrator Tolsma commented that once they found the problem they
promptly made arrangements to have it corrected.
Council Member Hughes stated he did not like the placement of the sign on the hydrant because it
was not obvious enough and valuable time could be lost in an emergency situation. He questioned
why the repairs took a few weeks once the problem was discovered.
City Administrator Tolsma responded that staff was following Council direction with using a
particular contractor. The contractor was not responsive and then after some time they decided to
contract out the work to a third party which delayed the repair even longer. Staff would've directed
PeopleService to use another contractor to speed up the repair process but were following Council
direction.
Mayor Rockvam stated that the City of Mound has a policy of bagging inoperable fire hydrants so
that firefighters can easily see an inoperable hydrant in an emergency and thinks this should be
Spring Park's policy as well.
Council Member Kane Palen asked how many inoperable fire hydrants are currently in the City.
City Administrator Tolsma responded that one hydrant was fixed today and there are four
remaining hydrants that are currently being repaired.
Council Member Pavot stated that she does remember the conversation that occurred after the
water main break where Council asked staff why a certain contractor that had previously worked for
the City was not used during that situation. She believes staff was following Council direction by
using that particular contractor for the fire hydrant repairs. She added that she is grateful for the
work PeopleService has done for the City especially in finding five inoperable hydrants that the City
was unaware of. She would like Council to give staff more discretion to use whatever contractors
they believe are the best fit to get the job done.
The City Council consensus was to bag any fire hydrants that are inoperable in the future, contact
the Mound Fire Department to notify them of this change in policy, and to give staff the discretion
to use whatever contractors they believe are necessary and the best fit for the job.
c. Contract Staff—None.
11. NEW BUSINESS & COMMUNICATIONS — Council Member Hughes read a letter from the
contractor responsible for the new home construction at 2494 Black Lake Road. He appreciated the
contractor being proactive and open with neighbors to help prevent any tension.
12. CLAIMS FOR PAYMENT
a. 6-5-17 Claims for Payment
M/Hughes, S/Kane Palen to a1212rove all claims for payment.
Motion carried 4-0.
13. UPCOMING MEETINGS &TRAINING
a. June 7 —Police Commission— 8:00 AM
b. June 8—LMCC—7:00 PM
c. June 13 —Administration Committee— 12:00 PM
d. June 14—Planning Commission with Comp Plan Committee to follow—7:00 PM
e. June 14—LMCD Work Session at 6:00 PM with Regular Meeting at 7:00 PM
f. June 19 —City Council Work Session—6:00 PM
g. June 19 —Regular City Council Meeting—7:00 PM
14. MISCELLANEOUS (INFORMATION ONLY)
a. April PeopleService Report
b. Metropolitan Council Population & Household Numbers Estimate
15. ADJOURNMENT
M/Pavot, S/Kane Palen to adjourn the City Council Meeting at 7:43 p.m.
Motion carried 4-0.
Date Approved:June 19, 2017
yTV resa Schyma, City ' erk
Dan olsma, City Administrator