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3/20/2006 - City Council - Regular - Minutes CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES COUNCIL MEETING MARCH 20,2006 7:00 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, Deputy Clerk Corl; Ken Adolf, Engineer; Tom Seifert and Nancy Beck, Attorney's; Dan Petrik, Planner; Planning Commissioner Mason. 3. ADOPT AGENDA Motion by Williamson and seconded by Widmer to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES • a) Council Meeting Minutes—March 6, 2006 Motion by Hughes and seconded by Reinhardt to approve the minutes for the Council Meeting March 6, 2006. All votes were aye. Motion declared carried unanimously. b) Special Meeting Minutes—March 14, 2006 Motion by Williamson and seconded by Reinhardt to approve the minutes for the Special Meeting March 14,2006. Williamson pointed out a correction on page 1, 41h paragraph, the second to the last sentence,the word "not" should be inserted before the word"believe". All votes were aye with the correction. Motion declared carried. c) Special Meeting Minutes—March 13, 2006 Motion by Williamson and seconded by Reinhardt to approve the minutes for the Special Meeting March 13,2006. Council—3/20/05 1 t • Williamson said the word absent should be changed to excused after his name because he called to say he would not be in attendance. Widmer stated the same circumstances applied to her. This will be changed. All votes were aye with the correction. Motion declared carried. PUBLIC FORUM—No One Mayor Rockvam introduced the Council & Staff to the viewing public 5. PETITIONS, REQUESTS &APPLICATIONS a) Planning Commission Candidates 1. Bill Tyler, 4248 West Arm Drive Rockvam read his letter and request for consideration on the Planning Commission and asked him why he wanted to serve. Tyler described his participation in several volunteer organizations; he is new to the City and wants to be part of future planning in the City. Rockvam asked him if he had strong feelings on high density developments. Tyler said if the infrastructure is in place for such a development then it should be allowed to go forward. Rockvam asked Tyler to comment on the proposed trail because it is going to be close to his house. Tyler said he was not aware of this. • Hughes asked Tyler what is his strongest asset and his biggest apprehension that he would bring to the Planning Commission. Tyler said his strongest asset is his leadership skills and his apprehension is opposition from residents on decisions; he said a final decision would be based on fact and it is a challenge to sort thru those issues. Rockvam pointed out a commitment is important and Tyler said he would be committed. Reinhardt asked Tyler what he liked about the City and what things he would change. Tyler said he liked the small town feel and it would be presumptive to comment on what he would change. He said the community is right for growth and development and he would like to see done in a well thought out way. Williamson asked Tyler his attitude about variances. Tyler said he would address it how he would want to be treated if it fell within reason and that is subjective; he said it is hard to say no or yes and is always situational; things change over a period of time and we have to adapt. Williamson said the Planning Commission is also the Park Board and Beautification Committee and time to time issues do arrive. He asked Tyler to comment about that obligation. Tyler said he was attracted to the park systems in the metro area, the playground equipment was safe and he would want to try to continue that. 2. Sarah Struck, 3862 Northern Avenue Rockvam read her letter of request to be considered. She said she has a passion to want to be more involved in the community and this is a time in her life to get out Council—3/20/05 2 and do something in the community and this is a place to start. Rockvam asked if she would have any problem attending all of the meetings and was told no. He asked her reaction to the recent condo projects. She said we have to have development from roads to homes to programs; she stated at first it seemed like a lot and she had traffic concerns. Hughes asked Struck her strongest point and biggest apprehension. She said making decisions that make people angry is her apprehension and her biggest asset is her diverse background, her managing and working with people. Hughes asked what media services on her resume included. Struck said she did VHS and beta filming of small meetings and wrote stories in the school district. Reinhardt asked Struck what she likes about the City. Struck said she likes the neighborhoods, trees, a private feeling; she pointed out she can get just about everything and anything in the area and not drive on the freeway; we have great parks; people that live on and off the lake and we are connected with a great school district. Widmer asked Struck how she felt about the trail. Struck said she did not have any fears and it will help to keep the area clean. Williamson asked her attitude on variance requests and what latitude is appropriate. Struck said because of the size of the lots we have to be careful; she would be more apt to stay with what is in place; individual circumstances have to be reviewed; you have to be fair and be aware of setting a precedent. Williamson asked her to comment on the responsibilities of being on the Parks and Beautification Board. Struck said she likes the parks a lot and would consider that part of the position an opportunity. Jackie Stone, 3965 Sunset Drive (former Council Person&Planning Commissioner) Rockvam read her introduction letter and asked her why she would want to be back on the Planning Commission. Stone said she has remained interested in City issues and being on the Planning Commission would give her a chance to keep up on what is going on in the City and have a small say in issues. Rockvam asked her what she thought of both condo projects after being a part of the planning process. Stone said she still misses some of the businesses that were located on those properties; development happens and especially in our area. She had some qualms at the time with the developments and we did what we could and learned from it and hopefully they will be a good addition to the City. Hughes asked her biggest apprehension. Stone said it was the fact she may want to become more involved instead of doing just a small part on the Planning Commission. Reinhardt asked what she likes about living here. Stone said she loves the City, the small town atmosphere, neighborhoods, people, it is stable, we have goods and services and she likes the mix. Williamson asked Stone if she has any changed attitudes or changed insights. She said not in her basic attitude, she would consider each variance on its individual merits because the City has so • many odd sized lots and hardship issues, and would always keep an eye toward Council—3/20/05 3 precedent. She said she has voted for and against variance requests. Williamson referred to the parks and asked Stone if she has any observations or thoughts on what might be changed or done better. Stone said she is anxious to see the Little League continue and the playground kept up. Rockvam asked how she felt about the trail and Stone said she was looking forward to it. Norina Dove, 4652 West Arm Road Rockvam read her letter of request and asked her why she wanted to be on the Planning Commission. Dove said she thought it would be a wonderful opportunity and she wants to be more involved. It was noted her job dealt with "eminent domain" with properties and Rockvam asked her feeling on this. She said it was the best use of the property issue and she did not think one way or the other. Hughes asked what her best asset would be and what apprehension she had. Dove said her background in real estate was an asset and her apprehension is the same as everyone else. Reinhardt asked what the strong points are in the community. Dove said she likes the smallness of the community, neighbors are in touch, she is glad to see the trail, and street improvements are necessary. She added she is concerned with the density of condos and the impact on our community with the added traffic. Widmer asked if Dove had a problem with the trail. Dove said she is looking forward to it. Williamson asked her general attitude regarding variances. Dove said each would be based on specifics and we have a lot of things to take into consideration. Williamson asked her to comment on the parks. Dove stated both parks are well maintained. The Council decided to vote on the candidates using paper ballots. Williamson verified protocol would be to take a second vote if the candidate with the most votes did not receive a majority and the second vote would include the top two candidates if that were the case. Hughes verified a motion would follow. Reinhart noted the City is fortunate to have four qualified candidates for the position. First vote: Stone 2, Tyler 2, Dove 1. Second vote between Stone and Tyler: Tyler 3, Stone 2. Motion by Hughes and seconded by Widmer to appoint Bill Tyler to the Planning Commission for a 4-year term that expires 12/31/09. All votes were aye. Motion declared carried. b) Planning Commission Minutes—3/8/06 1. Recommendation Variance Requests—Brandis Meyer, 2406 Black Lake Road a) Communications Submitted b) NAC Recommendation—2/17/06 Present: Brandis Meyer and Paris Alves, property owners; Jim Clark, builder. Council—3/20/05 4 Petrik reviewed the Planning Commission's recommendation for the variance requests. He pointed out six variances were requested: lot area (the lot is less than 10,000 square feet and a lot of record); lot width (the frontage is less than 50 feet); impervious surface is over 30%; an unused right-of-way requires a 30-foot setback and a water main easement rendering the lot unbuildable on the north side without a variance; the south side set back was 6.7 and is now 8.5. Clark said that variance is no longer needed and the north side has been reconfigured with the exception of the 30 foot right-of-way. Rockvam said he thought the sanitary sewer line is where the roadway is located. Petrik said it does run thru the right-of-way. Rockvam pointed out it lines up with Rose Hill Lane said the original reason for the right-of-way was to eliminate the entrance out of Black Lake Road on to Shoreline Drive. He noted the proposed house is to go against the utility easement on the north side. Petrik said it can as long as they do not build into it. He pointed out the water and sewer lines are 10 feet apart. Rockvam asked what happens to the foundation of the house if excavating has to be done on the north side. He also asked the location of the footings on the easement. Petrik said they cannot go over the easement line with the footings. Rockvam said the other concern, if the variance is granted from the road easement, is if there is a break in the main and we have to excavate and cause damage to the structure. He pointed out a similar situation in the City and stated we had the home owner sign a "hold harmless agreement" with the City. Rockvam said the contractor will have to make a provision so the house will not collapse on that side. Reinhardt asked the engineer to comment on building up to that line. Adolf said there was adequate space and a typical rule of thumb is a minimum width of an easement is twice the depth of the utility line and this case the water main is slightly less but reasonable. Rockvam asked what the soil conditions were and was told it was clay soil. Hughes asked the rational of the new proposed house placement. Meyer said this way it fits better. Clark said he did not know about the right-of-way and it is not recorded. Hughes pointed out another concern is the accuracy and exact location of the water main. Seifert asked if it is possible to locate the water mains exactly if a probe is used. Adolf said it is possible to connect an electrical charge to the hydrant to determine this. Rockvam asked the feeling of the Council on the variance request on the north side if the water main is far enough away from the house. Reinhart said a 10 foot setback is generous enough and she would support that providing the location of the water main is comfortable. Seifert asked how far the water would spread if this main broke. Adolf said it is appropriate to know where Council—3/20/05 5 the main is located and confirmed, in the event we get a break in that location. He said the water takes the path of least resistance and comes to the surface, sometimes it will follow along the pipe and it is hard to predict where it would go. Adolf said an assurance would be to replace the cast iron pipe with ductile iron pipe and that would reduce the occurrence of a break. Rockvam verified there is nothing in our ordinance that states one cannot build up to easement. He said if the feeling of the Council is not to grant the variance that should be stated at this time. Clark said he reduced the height. Rockvam asked the square footage on the house and was told 1,700 finished, it is two levels, and the square footage does not include the garage or the unfinished basement. Rockvam asked how far back from Black Lake Road the structure is proposed. Clark said it is more than 70 feet. Reinhardt pointed out the previous plan indicated a deck on the back of the house. Clark said it has been moved to the front above the garage. Petrik said the Council could grant the variance requests with conditions. Rockvam said the footings should, in no way, encroach into the easement, we should have a"hold harmless agreement", locating the water main is important and we should have an idea of the soil conditions in the easement. Hughes said there should be protection of the infrastructure during construction because of potential damage with heavy equipment. Clark said he would place protection along the easement and not cross that line. Hughes reiterated we should find out exactly where the water line is. Motion by Reinhardt seconded by Widmer to approve the set back on the north side abutting the right-of-way. In discussion Rockvam said he would amend the motion to list the concerns already discussed. Seifert said conditions could be placed on the motion. They were listed again: execute a "hold harmless agreement"; verification of the location of the water line; provision that there would be no encroachment on the easement; protective fencing during construction. Adolf said typically sewer and water is ten feet apart per the health department and ideally the width is equal to the depth. He said inspectors would be the enforcing body. Adolf pointed out there would be excavating onto the easement. Clark said they would over dig two feet. Adolf said more than that unless they do a vertical dig. He cautioned the Council not to put in a stipulation that cannot be met. Hughes verified the footings would be outside the easement and his concern is the heavy equipment on the easement. Seifert verified the edge of the footing would not go into the easement. Clark stated if the water main is further north he would have more space to work with. Reinhardt asked if this was in the ordinance. Petrik said it was not that precise. Adolf pointed out the Lakeview Lofts project had to modify their project to not encroach onto Hennepin County property. Petrik said the Council could approve with the engineers approval, etc. Council—3/20/05 6 Rockvam stated we have not discussed whose responsibility is the cost of the borings. Hughes said the City should not pay for that but they should locate the water main. Seifert asked what they are looking for with soil borings. Petrik said they should know if the soil is going to hold up to a one to one slope in other words stand up to a vertical bank and an engineer would look at it. Clark asked where we want the soil borings done. Seifert said to direct the engineer to do this. Hughes pointed out redesigning the catch basin on that street was brought up in terms of water flow and debris. Rockvam said that is the responsibility of the City. Reinhardt asked the status of amending the motion. The resolution will contain the following conditions: a "hold harmless agreement" clause; verification of the location of the water line that will be City responsibility; no heavy construction equipment or footings placed on the easement with fencing around it; soil borings done and paid for by the applicant and the engineer review results. Hughes said one stipulation on the location of the water main is our approval is contingent on the water main location no closer than 7 feet to the edge of the easement. Reinhart asked if it was appropriate to hold over the motion to the next meeting for approval of the resolution. Rockvam said we should let the applicant know if we are going to approve the variance requests so they can move forward. W Bartell, 2398 Black Lake Road, asked how far away the sewer line is located. Petrik said • the distance from the proposed structure on the north side is 18 feet to the easement and 20 feet from the sewer line. He added the other setbacks are ten feet on each side and rear. Williamson said the vote should request the attorney draft the resolution in proper form. Hughes said a vote of confidence should be given to the property owner and asked the timeline. Rockvam agreed with a vote of confidence. Motion by Hughes and seconded by Reinhardt to table this to the next Council meeting. All votes were aye. Motion declared carried unanimously. Motion by Hughes and seconded by Reinhardt to give a vote of confidence on the project to grant the variance requests if the conditions are met. All votes were aye. Motion declared carried. c) Mist Lofts Lighting Plan Present: Greg Lecker, Light Spaces, on behalf of the Mist Lofts Lecker explained relocating a fixture on Bayview Place is one solution and another solution is adding a fixture to the back of the open space on Bayview. Rockvam verified there was enough room to move the fixture south ten feet. He pointed out the proposal was to put 20 foot poles on Sunset and Shoreline and the developer would purchase two new lights on Shoreline and have 20 foot lights on Bayview and on Del Otero. Lecker said they are 14 foot poles on Del Otero. Hughes reaffirmed the lights on the south side of Del Otero will be back and not hang over the sidewalk. Mason Council—3/20/05 7 asked the location of the lights north of the stairway and was told they are on the edge. Rockvam said they may have to be moved to not block the stairway and the actual conditions have to be verified by a few feet. He said another item is within the next month the arborvitaes have to be planted at Shoreline Place. Motion by Reinhardt and seconded by Hughes to request the developer provide the City with a final lighting plan so the building inspector knows what has been approved and identify the plan as amended. All votes were aye. Motion declared carried. d) Approval of Trash Hauler's Applications Motion by Williamson and seconded by Widmer to approve the trash hauler's applications for 2006. All votes were aye. Motion declared carried. e) Head, Seifert& Vander Weide Re: Conflict of Interest Policy—3/16/06 Hughes asked if we currently have something like this in the ordinance and was told no. He asked if we need a public hearing and Beck said we do not for a policy and this is a policy. Motion by Rockvam seconded by Williamson to approve the long form Conflict of Interest Policy. All votes were aye. Motion declared carried. In discussion Williamson pointed out on page one, #3 "Accepting substantial gifts, . . . " and asked what is considered substantial. Beck said the Council could address that issue and place a dollar figure in the policy. She said the purpose of the entire policy is for the City to provide to all employees, contract staff, Council, Planning Commission, etc. a list of items. Williamson stated a League of MN Cities seminar used $50 a month as a guideline and he recommends that we put $50 a month in the policy. Reinhardt asked what state statute says. Beck said it is similar; we can state we cannot accept any kind of gift. Rockvam said the concern and main intent is the engineering issue regarding the new development. Hughes used an example i.e. Norling's Landscaping asks Hughes to photograph for him and then Hughes is voting on projects of Norling's for the City. Beck said Hughes would have to disclose that and the Council could agree to allow Hughes to vote. Williamson said we should use good judgment and make discloses. Hughes asked procedure regarding Schoell & Madson representing Providence on Lake Minnetonka and the City. Beck said the policy would end this arrangement unless the City allows it to continue, if it does not have an adverse effect to the City and they are given unanimous consent to continue. Motion by Williamson and seconded by Hughes to stipulate $50 in compensation on a monthly basis. All votes were aye. Motion declared carried. Reinhardt verified gifts and compensation are separated and gifts are unacceptable. f) Miscellaneous -None Council—3/20/05 8 • 6. ORDINANCES & RESOLUTIONS a) Resolution 06-11 —Approving Water Rate Adjustment Motion by Hughes and seconded by Reinhardt to table any further action until the Council develops a statement that would explain to the residents the rationale of action suggested by the Council. All votes were aye. Motion declared carried. Weeks said this would be brought back to the Council on April 3, 2006. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee Minutes—3/15/06 Rockvam asked the status of the storm water run off plan adopted on March 2004. He said he has concerns there is no provision on mitigation i.e. dredging a wetlands. He pointed out we do not want any dredging in Spring Park. Williamson pointed out mitigation is generally stated to re-establish the wetland elsewhere if dredging occurs. Adolf said the wetlands in Spring Park are protected by the Wetland Conservation Act and one has to get a permit and demonstrate there is no reasonable alternative and mitigation has to be provide a 2 to 1 ration. Rockvam said we want to make sure mitigation serves the intent of the wetlands and we should have the opportunity to incorporate this into our plan. He stated also there is no schedule for the maintenance of our retention ponds and that is the only way to get that maintenance done. Adolf pointed out when there is a storm water pond a maintenance agreement is required. Rockvam said we have two in the City, one on West Arm Drive and one at Presbyterian Homes. Williamson said Lord Fletcher's Restaurant has a holding pond with a fountain. Rockvam pointed out there is a French drain by West Arm Drive and it is labor intensive to clean out. Reinhart asked Adolf if we should review and make appropriate revisions to our plan. Williamson asked if we make modifications to our plan does the MCWD have to adopt the revisions. 1. Administrative Committee Minutes—3/8/06 Reinhardt said the minutes indicate we have CIP and we do not have an approved list. Rockvam recommended we do a temporary patch to stop the leaking from the roof of the water plant and then put on a new roof. Weeks said he would have a definitive list for the next meeting. Williamson inquired about the roof repair. Williamson inquired about Norling's bill. Rockvam said according to Norling the work was done in 10/02 and billed in 12/02. Weeks said no bill was sent. Rockvam said that may be the reason it never came before the Council and maybe we could negotiate it. Williamson said an amendment to the appropriate year to reflect this expense distorts our budget; we do not have an effective way to amend . a past budget; we may have to curtail some other expenditure to pay this bill this Council—3/20/05 9 year. Weeks stated he would be creating a chronological report for Council. Rockvam said to wait for that report. It was noted Reinhardt's name was omitted for the meeting with the lighting consultant at Lakeview Lofts. In another matter Rockvam noted that Concept used a skidster instead of a blower on the sidewalks and tore up the grass at the Tonka Ventures building. b) Council—Hughes, Reinhardt, Williamson, Widmer Hughes said the report he submitted was from a power point presentation from the recent Fire Commission meeting. He stated Chief Pederson will be attending our Council meeting April 171h. Hughes said his recommendation, from the presentation, is Option #4; in that the dollar figure does not change a lot; the Council has time to think this thru; this is a preliminary study. Hughes pointed out Weeks was on the sub committee that put these options together. He noted the key to the options is on the back page. They briefly discussed land and structure value. Rockvam said Spring Park does not want to pay for other cities that bail out of their contract with Mound Fire and if this ends up being the case we may have to look elsewhere for fire service. Williamson said this document does not address building expense but means of cost to charge for fire services. Weeks said the position of Mtka. Beach, regarding fire service, will likely be known when Pederson comes to our meeting. • Reinhardt noted the Spring Park sign at the west end of the City is damaged. She referred to the building report and asked what the businesses were in the Tonka Building. This will be provided. Williamson referred to a note to a few Planning Commissioners regarding seminars and they should register and pay themselves and the City would reimburse them after they attended the seminar. He said this was a terrible policy and the Council never made it. Weeks said there have been seminars paid for by the City and the person(s) did not attend. Widmer said having the person pay was not a bad idea and Williamson disagreed. Hughes said this problem should be handled on an individual basis and the offender should pay for it up front. Rockvam said if someone signs up and does not go, they should be required to reimburse the City. Hughes said we want to encourage and support people that want to go to a seminar. Weeks said he did not think this was so unreasonable and Widmer agreed. Williamson said this is the first time he heard there was a problem. Reinhardt said we should not expect the Planning Commission to pay ahead if the Council does not. Hughes also pointed out if this is the policy the staff would also have to pay ahead. Motion by Williamson and seconded by Hughes to make it a policy that the City pays for seminar registrations and individuals that sign up and do not attend have to reimburse the City. All votes were aye. Motion declared carried. Council—3/20/05 10 Williamson asked that minutes be initialed by the taker. It was pointed out the taker already signs the minutes. Rockvam requested that any mistakes be worked out with the recorder ahead of time before a meeting. c) Engineer 1. Schoell &Madson Re: Sunset Drive Upgrades—3/4/05 2. Schoell & Madson Re: Sunset Drive Upgrades—3/16/06 Adolf pointed out the Council discussed this about a year ago and were asked if they had an interest in this. He said the minutes said he should get approval from Hennepin County and this is reaffirming what the City wants to do on Sunset Drive. He said the cost of the road upgrade that would be the responsibility of Lakeview Lofts is the west half of the road at their frontage. He added the curb and sidewalk are completed. Adolf said along the Mist Lofts frontage they will have to replace most of the curb and sidewalk on Shoreline Drive and damage from construction done outside of the City project. He said the intent is to get the project up for bids this spring and the project completed by the end of the summer. He added he wants to reaffirm what the City wants to do across the HCRRA property. Adolf said the County is approving the trail next month and the City could coordinate the funding participation. Rockvam said we have to have HCRRA buy in and fund the part on their property and have entrances for the trail defined. He added we have to advertise for bids to see what the costs would be and if the county does not want to • pay for it we have to decide what to do. Adolf pointed out what is included in development costs for Lakeview Lofts and for the Mist Lofts; the mill and overlay on Sunset Drive the intent is to cover the area that is getting curb and sidewalk. Rockvam said it is important to know who is going to pay for what and we have to discuss and negotiate it. Adolf said there are drainage issues. Rockvam said we have to meet with Three Rivers Parks and/or HCRRA to see if they are going to participate financially. Hughes referred to Del Otero and Mason referred to Bayview Place and the drainage issues. Weeks said we do not know the county is committed yet. Adolf said they responded and they have to evaluate it. Adolf said if it is to be redone to put curb on the east side of Del Otero that is a City cost. Hughes said his concern with water drainage on that street and if any work is done in this area we should do it right the first time. The drainage situation was briefly discussed. Rockvam said Bayview Place is a separate issue Adolf said if Hennepin County is going to do a mill and overlay, the City should request the county to do the section at Sunset Drive at Shoreline Drive. He added new curbing is going in and quite a bit of reconstruction is going to be done. Rockvam asked if they are going to authorize us to do a feasibility study to prepare for bids. Adolf said this would be done in steps and if we are doing any type of assessments we should do a feasibility study and that process requires a public Council—3/20/05 11 • hearing. Rockvam confirmed he is talking about area at the trail area on Sunset Drive to West Arm Drive and to Northern Avenue. Williamson verified the issue is the blue (Sunset Drive at the trail) area on the map and what Three Rivers Parks is going to do and what costs are they willing to pay for on Sunset Drive to West Arm Drive and to Northern Avenue. He pointed out if the contractor for the Mist Lofts continues to bring in heavy equipment we do not want to do that roadway before they are finished. Rockvam asked Adolf to do a timetable and see what the costs would be and maybe get it done by the end of summer. Williamson asked if we need feasibility study if we stay south of the trail and was told no. Adolf said he is trying to put together the project for bids. Widmer verified if we go thru the trail area and the county is not going to pay for it we need a public hearing to have it assessed and have to do a feasibility if we go in front of the railroad property. Adolf stated maybe we could negotiate something at a meeting with them. Motion by Reinhardt and seconded by Widmer to authorize the Engineer to contact the county regarding the above discussion. All votes were aye. Motion declared carried. Hughes said we should ask the county to include a mill and overlay at Sunset and • Shoreline Drives and do both lanes as part of their summer work. Motion by Hughes and seconded by Reinhardt to authorize the Administrator and Engineer to write a letter to the county regarding this work. All votes were aye. Motion declared carried. Weeks asked if a new sidewalk would be needed. Adolf said some restoration is required for the installation of the new lights. d) Utility Superintendent(On Vacation) e) Administrator 1. Spring Clean Up Recommendation May 13, 2006 Motion by Rockvam and seconded by Williamson to approve May 13, 2006 as the spring clean up date. All votes were aye. Motion declared carried. 2. April Calendar—Noted 3. Moratorium Workshop Reminder—3/27/06 7:00 pm—9:00 pm Weeks requested the Council to bring their information received at the previous moratorium workshop. 4. February Financial Reports a) Cash Balances YTD Council—3/20/05 12 • b) Expenditure Guideline by Dept. c) Cash& Investment Summary Rockvam noted Investments only should be 3.5% and the overall total should be 3.71%. Weeks said on page two, MN bank CD, 2.75% should be 5%. 5. Miscellaneous Weeks said the Police Commission Meeting has been changed to March 281h, 1:00 p.m. at Lord Fletcher's Restaurant. 8. CLAIMS FOR PAYMENT Motion by Widmer and seconded by Reinhardt to approve the claims for payment for March 20, 2006. In discussion Hughes referred to #14, auto read support, and what it pertained to and was told it was for the software that reads the meters. He asked if all those annual expenses for support are in the budget process and was told they are. Widmer verified #21, computer work, was for the new computers. Williamson asked if the computers are networked. Weeks said they are, but we do not have a server. Reinhardt verified the fee was for labor only. All votes were aye. Motion declared carried. 9. UNFIISHED BUSINESS -None • 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Mediacom Re: Phone Service—3/1/06 b) Letter to Beth Aschinger Re: Planning Commission—3/2/06 c) Henn. Co. Dept. of Environ. Ser. Re: Environ. Response Fund Grant App—3/2/06 d) Allied Adjusters Re: Samuelson, 4484 West Arm Rd Claim—3/8/06 e) Valerie Sandler, 3 Shoreline Place, Re: Muddy Water from Mist Lofts—3/9/06 Williamson pointed out the irresponsibility going on and contractors take a cavalier attitude. Rockvam said water was coming down from the hill and the cover was removed on top of the grate and there is another cover under that one. He noted Goman said it was in place when the water was flushed. Williamson said the mud is always present and the only solution is the City sweep the streets around the project it and bill the contractor for it and Rockvam agreed. Hughes said we should communicate with the contractor in an open discussion and their lack of street sweeping and the fact we are contemplating doing it and billing them. He said it was only fair to tell them ahead of time. Mason said that area around Del Otero is the most used area and it is always full of mud. f) LMC Re: 2006 City Policies—3/9/06 g) LMC Re: LMC Legislative Conference on 3/30/06 h) Centerpoint Energy Re: Rate Increase—3/13/06 i) Head, Seifert & Vander Weide Re: Liquor License Compliance All Stars—3/10/06 . j) Letter to Steven Shedivy, 3918 Del Otero Re: Sump Pump Run Off—3/13/06 Council—3/20/05 13 k) Met Council Re: I & I Surcharge Program—2/28/06 1) Schedule for Administrator Candidates for 3/24 & 3/25 Williamson stated he would not be available on Friday. m)OPD Orono Scanner n) Resignation Joyce Farness—3/13/06 1. Head, Seifert & Vander Weide Re: Hiring Procedure for Open Position—8/26/05 2. Head, Seifert& Vander Weide Re: Hiring Procedure for Open Position—3/17/06 Weeks said we have an interested candidate. Rockvam asked direction on this from the Council. He recommended staff to interview the candidate(s) and make a recommendation to the Administrative Committee. Williamson agreed to review the second candidate on this list. Rockvam suggested adjourning to an executive session after the Council meeting. o) Head, Seifert& Vander Weide Re: Status Report for Mist Lofts—3/17/06 p) Head, Seifert& Vander Weide Re: Status Report for Providence on Lk. Mtka. — 3/17/06 q) Head, Seifert& Vander Weide Re: Status Report for Lakeview Lofts—3/17/06 r) Letter to Contracted Staff Re: Reception for Cand. for Administrator—3/20/06 s) MnDot Re: Public Open House (MS4)—3/9/06 11. MISCELLANEOUS -None 12. ADJOURNMENT • Motion by Williamson and seconded by Reinhardt to adjourn the regular Council meeting at 10:40 p.m. All votes were aye. Motion declared carried. SHARON CORL DEPUTY CLERK - ADMINISTRATOR/CLERK/TREASURER Council—3/20/05 14