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1/17/2006 - City Council - Regular - Minutes �I RECEIVED • CITY OF SPRING PARK FEB - 6 2006 SPRING PARK, MINNESOTA HEAD, SEIFERT MINUTES & VANDER WEIDE COUNCIL MEETING JANUARY 17, 2006 7:30 P.M. —CITY HALL 1. CALL TO ORDER Mayor Rockvam called the meeting to order at 7:30 p.m. 2. ROLL CALL Hughes, Reinhardt, Williamson, Widmer and Rockvam were present. Staff present: Administrator Weeks, Utility Superintendent Goman, Deputy Clerk Corl and Office Assistant Farness. Others present: Tom Seifert, City Attorney; Ken Adolf, City Engineer; and Planning Commissioner Mason. 3. ADOPT AGENDA Motion by Hughes seconded by Williamson to adopt the agenda. All votes were aye. Motion declared carried. • 4. APPROVAL OF MINUTES a)-Special Council Meeting—January 3, 2006 Motion by Reinhardt seconded by Widmer to approve the minutes for the Special Council Meeting January 3, 2006. All votes were aye. Motion declared carried. b) Council Meeting—January 3, 2006 Motion by Williamson seconded by Hughes to approve the minutes for the regular Council Meeting January 3, 2006. Williamson stated he had already pointed out spelling errors to the Deputy Clerk. All votes were aye noting spelling corrections. Motion declared carried. Mayor Rockvam introduced the Council and Staff to the viewing public. 5. PETITIONS, REQUESTS &APPLICATIONS a)-Appointment Planning Commissioner -1. Percentage Requirements for Attendance &Percentages 2. Planning Commission List& Terms Motion by Williamson seconded by Hughes to reappoint Mork Bredeson to the Planning Commission for another 4-year term expiring December 31, 2009. Council— 1/17/06 1 s In discussion Reinhardt noted the attached attendance history of the current Planning Commissioners. She pointed out Mork Bredeson does add significant value to the Commission but she questions how value can be added when her attendance is less than 50%. Williamson said he had similar concerns but noted Bredeson has attended other meetings over and above regularly scheduled meetings. He also noted this individual has a role with a company that brings her out of the country but when important matters are before the commissioners she has been a contributor. Reinhardt said this was a point well taken but all meetings are important and all Commissioners should be available to attend. She would like the Council to send a letter of concern to Mork Bredeson regarding her attendance. Hughes noted the Planning Commission indicated they would like to initiate anything being done regarding a Commissioners attendance. Reinhardt pointed out the Council ultimately does the appointing. Reinhardt amended the motion to add sending a letter of concern to the appointee and review attendance after a year. Motion died for lack of a second. Williamson noted the expiration dates of the Planning Commissioners are not distributed evenly. He asked if the Planning Commission has seen the attendance percentage list. Weeks said they received it at an earlier date. • Upon roll call of the first motion Hughes, Williamson, Widmer and Rockvam voted aye and Reinhardt voted no. Motion declared carried. Rockvam announced to the viewing public there is a vacancy on the Planning Commission. He suggested interested applicants come before the Council the second Council Meeting in March. Mason asked the Council if they were going to review term expiration dates of the Planning Commissioners. The Council briefly discussed this. Rockvam recommended making a decision tonight. Motion by Hughes seconded by Reinhardt to extend Mason and Maloney's term on the Planning Commission to expire December 31, 2007. All votes were aye. Motion declared carried. It was noted to check with those Commissioners to make sure they can fulfill their extended term. b) Froehling Anderson 2005 Audit Proposal— 12/23/05 Rockvam requested the Council give consideration to Froehling Anderson to do the City's accounting and look for a different firm to do the auditing. Weeks said this might be the last year Froehling Anderson is going to do the City's audit. Williamson recommended the staff prepare a formal request for proposal for another auditor and see is Council— 1/17/06 2 • if someone else is interested; we should not narrow the choices. Hughes suggested waiting until the new Administrator is hired. Motion by Williamson seconded by Reinhardt to approve Froehling Anderson to prepare the City's 2005 Audit. All votes were aye. Motion declared carried. Seifert noted it is a requirement that whoever does the audit cannot serve as CPA for the City. He pointed out that meant Froehling couldn't do the first half accounting if they are doing the audit. Williamson said the audit would be completed before anything would be done with the accounting. c)-Miscellaneous - Lakeview Loft Update Rockvam verified everything that has to be done is done or escrowed. He asked why Lakeview Lofts was not on the agenda. He said we want to still maintain contact so we know what is going on until the project is completely finished. He asked Seifert is there were any issues outstanding. Seifert replied we are still in arbitration over the color of the building; another issue is the agreement for the permit with Hennepin County on the emergency egress in the back of the building. He noted they are close to signing the agreement with the county. The Council briefly discussed the arbitration and it was noted there would not be a full Council in February. Seifert said the hearing would be in March. Williamson pointed out the practicality of repainting the building with occupancies, balconies, etc. Rockvam verified the City's position would not be mitigated because of encumbrances with repainting the building. Seifert said a bigger practical argument would be the second coat of paint would not be as good as the first coat. Rockvam said our concern is they comply with the original agreement. Seifert noted nothing can stop the homeowner's association, when they take over, from painting the building another color. Widmer inquired about a tour of the building for the Council. Weeks said it was available whenever the Council is. Reinhardt noted they would have a model available in the Parade of Homes. 6. ORDINANCES &RESOLUTIONSS a)-Resolution 06-07—Continuation of Funding the Sr. Program -1. Sr. Community Services Re: Request for Resolution for Funding— 1/9/06 Motion by Reinhardt seconded by Widmer to approve Resolution 06-07, continuation of funding the senior program. In discussion Williamson indicated he had a conflict of interest and must abstain from voting and discussion and remove himself from the Council table. He proceeded to do this until the vote was completed. All votes were aye. Motion declared carried. Council— 1/17/06 3 7. REPORTS OF OFFICERS & COMMITTEES • a)-Administrative Committee Minutes— 1/11/06 Weeks noted the date for the Police Commission meeting changed to January 31, 2006 at 1:00 p.m. at Lord Fletcher's. Rockvam referred to the Zoning Review and said we should have a preliminary meeting with the City of Orono and establish a list of services they would be providing. Weeks said Lyle Oman, Building Official, is on vacation. Hughes referred to item 10. g), the letter regarding this and expressed his concerns with the requirement of a survey for all building permit applications. Williamson said this should only apply if the footprint or hardcover changes. Hughes pointed out it is not stated that way. Reinhardt said those details could be dealt with later. b) Council—Hughes, Reinhardt, Williamson, Widmer Hughes referred to the proposed stop sign on Spring Street. He said his concern was with residents of the condos coming up the ramp from the inside parking area to exit. He said he made arrangements to make a trial exit and he was able to see out amply and is confident that cars going eastbound at Tonka Ventures would not encounter a conflict. Rockvam said his concern is traffic going westbound on Spring Street. Hughes said there is a mirror for that. Rockvam said the majority of traffic on Spring Street would be going through or to the Tonka Ventures building. He said he thought a stop sign would be good • preventive maintenance. He suggested asking the police department for their opinion. Weeks said we asked them about speed on Spring Street but not about a stop sign. Reinhardt said she wants to physically review the situation before the Council makes a decision. Goman said in his opinion a vehicle cannot get enough speed to cause a problem. He stated there is limited space in that area to place a stop sign going westbound. He said it could be attached to the building with permission or a pre-warning sign could be placed on the bollards. Hughes suggested an amber light with a warning sign "vehicle approaching". Reinhardt noted the opening on the Planning Commission could be put in the Laker. She referred to the recent public hearing held by the Council for the moratorium and noted it was apparent the public wanted a forum to ask the Council questions. She suggested the City hold a town meeting to allow residents to express concerns and speak. She said there should be a public forum section on the agenda. Rockvam pointed out the miscellaneous section under"Petitions,Requests &Applications" is for that reason. Hughes said he liked the concept and suggested putting something in the Newsletter to let residents know there would be a regular spot on the agenda for the public. Reinhardt wanted more inviting wording on the agenda other than "miscellaneous". Rockvam noted residents use public hearings to talk about their concerns even if is not the subject of the public hearing. He said most residents are comfortable with coming and telling what they think at a meeting and it is nice to have a meeting when there is not a room full Council—1/17/06 4 • of people upset about something. He thinks the Council is proactive and addresses concerns; we address concerns as they come up and make an effort to solve issues; a lot of concerns are handled on a staff level; and he has no problem with one or two meetings a year. Reinhardt noted there is a change in use at the Marina Car Wash and asked if the new owner has been told about outside storage, etc. Rockvam said we have a policy that when a business changes owners we want to see a landscape plan, parking plan and drainage plan. He added a big concern of his is a business owner will incorporate a landscape plan and along the way it gets changed or removed i.e. the bushes at 4550 Shoreline Drive, are hidden by boat lifts. Hughes asked if the owner of the bait shop building has obtained a permit for remodeling Weeks will call and check into that. Rockvam said to have the Building Inspector red tag the building. Seifert said this would be more effective. Williamson referred to the draft Capital Improvement Plan (CIP) and said we could start with that and look at the longer term items for the future. He said he agrees with Reinhardt on the pubic forum that means anybody has an invitation to come to the Council to communicate. He said an observation of his is in other cities some people use that public forum time to grind axes; another observation is people are looking for a stable lifestyle in their City and do not get involved in participation until there is • something controversial; some will come to listen and watch because they do not have background information on the subject matter like the Council receives. He said it is worth a try to have a public forum. Motion by Rockvam seconded by Reinhardt to amend the Council agenda format to include "Public Forum" between the "Approval of Minutes" and "Petitions, Requests & Applications" once a month and limit the time to 3 minutes per person. All votes were aye. Motion declared carried. c.-Engineer 1. Schoell &Madson Pay Request#5 for Lift Station#6 Adolf said the pay request for Lift Station #6 was for $184,768.39. He added the contractor hopes to start up the new lift station on Friday January 20`h. Rockvam verified the total expenditures are included on the breakdown. Williamson asked if the breakdown includes the 5% retention. Weeks said the breakdown only includes the amount actually paid and it does not include change orders. Williamson asked if we know what amount the change orders are. Adolf stated the City staff and contractor would have meetings to discuss the issues. Williamson asked for a dollar estimate for the differences. Goman said $200,000 would be on the high side. Adolf stated the contractor has had problems with delays and would have revised amounts. Rockvam said he would go to the head of the company and ask them why they ever had a crew like they did working on the project. He added the competency level of the crew had to have been inadequate Council— 1/17/06 5 • when they froze the pumps and chose a method of construction that did not work. He said they should have known better; we rely on such companies and they did not seem to have the knowledge to do the job. Adolf said he agrees somewhat but their overriding issue is the soil conditions and whether they were changing. Rockvam added the other two bids were higher but we ended up spending more money with this company. Goman stated in addition to the building being set in place at Lift Station #6, the crane would be removed tomorrow and the road will again be the full width. d) Utility Superintendent Goman reported he has sent a memo to Hennepin County regarding the pre emption devices on the traffic lights but has not received a response. Williamson verified they would be paying for them. e)-Administrator 1. February Calendar Weeks asked for a motion to cancel the second Council meeting and the Administrative Meeting for February. Williamson suggested waiting until the next meeting due to possible upcoming meetings and issues with the proposed development and the moratorium. Rockvam said Presidents Day should be noted as the reason for the office closed on February 20th. Hughes suggested adding expected • dates for the search for Administrator, etc. Williamson said we could add that ourselves. Monthly workshops were discussed. Williamson said we decided on January 30`h for the first one and we should have a regular determined time for ourselves and the public. Rockvam said we are going to have a workshop of the fourth Monday of each month, not in February, but added to the March calendar. Rockvam verified the developer is going to be at the meeting with the Planning Commission on February 8`h He verified it is going to be a workshop with the Council included because there are issues that need to be worked on. Rockvam pointed out it is important people know something is going to happen with the Park Hill/Park Island property but we have issues with the location of the private road on the abutting property. Mason said Brixius is going to send a notification to the residents. Hughes recommended our legal staff should review the letter first. Seifert stated he has discussed this with Brixius and the letter is just advising the residents of what the City is reviewing. He said the City needs an easement on the road. Weeks asked for a motion on the Administrative Meeting and the second Council meeting in February. Williamson said more information is needed. -2. March Calendar—Revisions noted • Council— 1/17/06 6 • 3. Meeting Reminder 1/30/06 Weeks reminded the Council it starts at 7:00 p.m. and it is a discussion on the moratorium. 4. Draft Capital improvement plan(CIP) Williamson said we should have a workshop on the CIP and fine tune the range of time and dollars. He pointed out other cities have a CIP investment fund with specific funds designated. He said we could include this in the 2007 budget process. Reinhardt stated it would be helpful to have the accountant present at that meeting. Rockvam asked the Council what their plan is to replenish the reserve funds used for the water tower. Widmer noted another city has a fee on their water bill for their water tower. Rockvam said Springsted could advise us with ways to do this. He pointed out if there is an election change, this would not be binding on a new Council. 5. Miscellaneous—None 8. CLAIMS FOR PAYMENT Motion by Hughes seconded by Reinhardt to approve the claims for payment for January 17, 2006. • In discussion Widmer asked why the statement from Norling's Lake Minnetonka Landscaping is so late. Weeks said this is for the end of 2005 and it is complete. Goman said it was sent in March and he billed us for the entire year. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS -None 10. NEW BUSINESS & COMMUNICATIONS a) Fire &Rescue Calls December 2005 Widmer asked if the fire calls included any false alarms and actual fires. Goman pointed out this is how calls are coded and who was called out. Williamson said the fire department does have stats on false alarms. Weeks said a report is sent every quarter and the calls for false alarms are low in Spring Park. b) Letter to Bayview Apartments Re: City Costs for Project Review— 1/5/06 It was noted the City received a check for this claim. c) CenterPoint Energy Re: Rate Changes— 1/5/06 d) Providence on Lake Minnetonka 1. Schoell &Madson Re: Storm Water Mgmt Plan Review— 1/9/06 2. Planning Commission Minutes— 1/11/06 a) NAC— 1/10/06 3. Ken Adolf Re: Preliminary Plan Review 4. NAC Re: Review Schedule— 1/13/06 • e) Newsletter Winter 2005/2006 Council— 1/17/06 7 • f) Xcel Energy Re: Rate Increase Notice— 1/12/06 g) Letter to and from City of Orono Re: Additional Inspections Services— 8/30/04 & 1/4/06 Hughes again referred to the wording for requirements for building permit applications. h) Letter to All Stars Re: Ownership— 1/10/06 i) Mist Lofts 1. MCWD Re: Stormwater Permit for Construction Activity— 1/6/06 2. Head, Seifert&Vander Weide Re: Status Report &Escrow Summary— 1/13/06 j) Lakeview Lofts 1. MCWD Re: Stormwater Permit for Construction Activity— 1/6/06 2. Head, Seifert&Vander Weide Re: Status Report & Escrow Summary— 1/13/06 Reinhardt asked what initiated the pollution control items for each development. Weeks said this is standard procedure and most items have had inspections. Williamson asked if we could obtain a copy of the remedies they used for the erosion control practices and sediment controls. Goman said we receive a copy. Williamson suggested the City do the street sweeping for the developers and bill the costs back to them. He said we would have more control if we did that. k) DNR Re: Permit for Boat Landing in City— 1/11/06 1) Fire Proof Files Rockvam said we should look for refurbished fire proof files. He asked if the Council intends to use fire proof files for everything. Williamson said we should prioritize. • In another matter Mason asked if we could find out what the readings mean on C O detectors and possibly put it in the Newsletter. Mason asked when the mud was going to be cleaned up on Del Otero. Goman said they are not done with that end of the project. Rockvam asked if it was possible to have it done now. Goman said it depends on the weather. Rockvam said we could clean it and bill it back to the developer. 11. MISCELLANEOUS Seifert announced the Council will hold a meeting on performance and compensation regarding employees and that is a non public meeting following the regular Council meeting. 12. ADJOURNMENT Motion by Williamson seconded by Reinhardt to adjourn the Council Meeting for January 17, 2006 at 9:12 p.m. All votes were aye. Notion declared carried. SHARON CORL DEPUTY CLERK ILL D. WEEKS • ADMINISTRATOR/CLERK/TREASURER Council— 1/17/06 8