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7/10/2006 - City Council - Regular - Minutes • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES COUNCIL MEETING JULY 10, 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 Friesen, Utility Superintendent Goman, Deputy Clerk Corl and Office Assistant Lewin. Others present: Attorney Tom Seifert, Engineer Ken Adolf, and 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—June 19, 2006 Motion by Widmer and seconded by Hughes to approve the Council Minutes for June 19,2006. Williamson noted a correction to the first motion on the bottom of page 10. He said the first motion should state " . . . to reconsider action on May 15, 2006 to reject compensation adjustment from Cornerstone's escrow amount". Williamson said the second motion should be deleted because it was not a motion. All votes were aye. Motion declared carried unanimously. b) Special Joint Meeting—June 27, 2006 Motion by Williamson and seconded by Widmer to approve the minutes for the special joint meeting on June 27, 2006. All votes were aye. Motion declared carried unanimously. c) Special Council Meeting—June 30, 2006 Council Meeting—7/10/06 1 • Motion by Hughes and seconded by Reinhardt to approve the minutes for the special Council meeting on June 30, 2006. All votes were aye. Motion declared carried unanimously. PUBLIC FORUM Brad Berland, 2400 Kings Road, and Brandon Schad, 4405 Lafayette Lane were present. Berland referred to a City easement between his property and 4405 Lafayette Lane. He said the City should eventually vacate this area of land. Berland said he has a problem with erosion when it rains and he has started the process to improve the drainage on his property and was told to stop until approval has been given by the City. He said what he is doing is at no cost to the City and all he wants to do is add fill, rock and sod on his side of the easement. Rockvam said we should contact the City Attorney to see how the City obtained the property in the first place and then the Council should meet on site to review it. He added we have to first research the history on this property. Berland verified he is not to continue to improve the property. Williamson asked Schad his opinion in the matter and Schad said there are drainage issues. He added if the land is vacated they would build an attached garage on the vacated property. He also noted there is a large oak tree on the easement that has dead branches that may fall onto his house. Williamson verified Schad was aware of the setback requirements. Rockvam stated a report would be obtained on the property. Friesen verified • the dead branches would be looked at in the meantime. 5. PETITIONS, REQUESTS & APPLICATIONS Brad Ridgeway, from J.E. Dunn, referred to the response from Joanne Matzen, attorney for Cornerstone regarding the default with the height of the boiler stacks. Ridgeway said Cornerstone's proposal is to remove the two boiler stacks at the cost of $30,000 and the Council could approve leaving the small items and state they are not objected to. Rockvam said the architect told the City, at the original preliminary meetings, nothing would be placed above the roof line. He said he does realize fireplace vents have to be a certain height to comply with code. Ridgeway said fireplace flews could be interpreted as chimneys. Rockvam asked if fireplace chimneys are going to stick up, how high are they going to be above the roof line. Ridgeway said they would not know until the end of the project. Seifert asked how high above the roof do the fireplace flues have to be. Ridgeway said this is on the original plan. Rockvam said Lakeview Lofts does not have them. Goman said they do and are visible; the original set of construction plans submitted in 2005 does show some mechanical stacks that are visible. Rockvam said the Council would have to look at the stacks. Ridgeway requested a 30 day notice from the City. Motion by Hughes and seconded by Reinhardt to add 30 days to the time frame in the default notice. All votes were aye. Motion declared carried. • Hughes noted the asphalt stopped short of Del Otero going to the east side of Bayview Place. Goman said they are going to continue. Hughes noted a large hole in the asphalt. Council Meeting—7/10/06 2 • Mayor Rockvam introduced the Council and Staff to the viewing public. a) Tom Scanlon, LMCD—No Report b) After-the-Fact Sign Permit Application for Innovative Marketing, 4284 Shoreline Friesen pointed out the City code would override what a policy states. She said the business has 30 days to correct the infraction and they did that. She said we would have to change the code to enforce a penalty. Hughes requested a statement regarding this for the Planning Commission. c) Norling's Proposal for Sunset& Shoreline Drive Garden Rockvam asked the status of Lift Station#6. Goman said it is not finalized yet. Concrete pricing has to be obtained and some building accents are not completed. Rockvam said he was under the impression the garden was going to be cleaned up and leave what was there before. Goman said the proposal is to remove most of the plantings and salvage what can be because the garden was not attended to for two years due to the construction project on Spring Street that disrupted the irrigation service. Reinhardt asked if all of the property is Buttenhoff s. Goman said a portion belongs to Hennepin County. • Rockvam reviewed the fact we did this garden as part of our beautification plan. Hughes asked when the trees were removed. Goman said it was at the start of the Lakeview Lofts project. Widmer said she does not see a reason for the tree lilacs. Williamson pointed out they represent one third of the cost and he has a problem spending this amount on private property. Rockvam asked if money was budgeted for this. Goman said it is not part of the beautification maintenance budget and never was. Reinhardt asked what the alternate was for the tree lilacs and was told hawthorn could be used. Williamson said he thought the plan was too ambitious for the location. Rockvam asked what was planted there before. Goman stated flowers and trees. Widmer said the plantings are okay but she does not see a need for the trees. Goman stated some plantings can be salvaged, there is irrigation in that corner but it was off for two years for the Lakeview Lofts project. Rockvam recommended cleaning up what is there and put in flowers and review the project as a budget item for next year. Goman asked if there was a not to exceed figure. Reinhardt asked what the charge would be for cleaning up the garden. Motion by Reinhardt and seconded by Williamson to approve no more than $1000 for the clean up of the garden at Shoreline and Sunset Drive. Motion by Williamson and seconded by Hughes to amend the motion to approve • $800. Council Meeting—7/10/06 3 • Reinhardt amended her motion to $800 and Williamson agreed. All votes were aye. Motion declared carried. Rockvam inquired about the 60' blue spruce. Goman said they are waiting for the warm weather to subside. d) Miscellaneous -None 6. ORDINANCES &RESOLUTIONS a) Resolution 06-20—Appointing Election Judges Motion by Reinhardt and seconded by Hughes to bring the Resolution back to the Council with the names from Presbyterian Homes. All votes were aye. Motion declared carried. b) Resolution 06-21 — Accepting Dakota Rail Corridor Study Presented to City of Spring Park Hughes referred to page two and recommended adding language for disposal of dog feces. Reinhardt noted 12 parking spaces are for trail use and asked the number of stalls needed for the City. Williamson said to start with 100 spaces. Rockvam noted the parking area can support 300 cars. He said Lord Fletcher's leases it at peak times during a four to five week period during the summer. Williamson noted the second line on the • top of page two, the word "determent" should be "detriment". Hughes referred to page three, #5 and "County Road 51". He said the `wordology' should be consistent throughout and"Sunset Drive" should be used. Rockvam stated we should see a big surge in bus rider's and could use more parking in the area. Hughes suggested adding bike racks. Hughes referred to #8 and the wording "rail corridor". He said we do not want anyone to think we are paying for all of the improvements. Williamson pointed out we are not expecting some big gift but know the size of the gift has limits. Rockvam said originally we said the City would participate. Reinhardt suggested we best leave the wording and add "the City would not pay for all of the benefits". Williamson noted on page one of the resolution, 42, c. the word "unkept" should be "unkempt". Rockvam pointed out the Sub-Area Study is what where we get into specifics. Williamson said we have concerns with areas i.e. Mtka Drive-In and we should make sure capitalization is used to clarify the fact the sub areas are being discussed. Reinhardt asked if NAC has put together an estimate for a design for the depot area. Seifert requested a copy of the resolution and said Frostad has escrowed money to do landscaping on that parcel. Hughes said it should be researched as to who received the money from Frostad. Seifert was asked to review the landscaping agreement between the • HCRRA and Frostad and changes will be made to the resolution and brought back to the Council. Council Meeting—7/10/06 4 • c) Ordinance 62.11 —Construction Staging Motion by Williamson to approve Ordinance 62.11, construction staging. Rockvam said we need a final draft from the planner with the changes underlined. Williamson withdrew the motion. d) Ordinance 62.14—Plan Review—Need final changes from the planner. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission Minutes & Safe & Sober Report—6/20/06 Rockvam asked the status of the Marina Car Wash and the fence. Friesen said the status is not exactly known, putting up a fence may be in violation of hardcover requirements and his construction may still be on hold until the MCWD permit is approved. Hughes asked if there is any reason why his vehicles are not being parked in the proposed parking configuration. Rockvam said the property looks like a junk yard and residents on West Arm Road west were told the City is going to address the mess. He added lining up the vehicles would be a starting point. He said the requirement of a fence is so not to park on green space. Goman said cars were parked inside today. He added Bolander is planning • to do work within a couple of weeks and it would be a separate project from Lift Station #6. Friesen said she would follow up on the status of the car wash. Hughes pointed out address numbers should have contrasting colors to the structure upon which they are place. He said this should be a concern with future buildings in the City. Reinhardt pointed out this could be addressed in the fire code that would be coming to the Council in the near future. The Council briefly discussed the importance of address numbers that are not clearly visible. Reinhardt said there was a resident concern with a party on the July 4`h and a potential parking problem. Rockvam said the police should be called when a parking problem occurs. Williamson pointed out residents that have an occasional special event could call ahead of time and notify the police. b) Council—Hughes, Reinhardt, Williamson, Widmer Hughes asked Goman if he had a meeting with the county regarding Sunset Drive and was told it is part of the engineer's report. Reinhardt referred to the weeds at the intersection of West Arm Road and Kings Road. Goman said he would take care if this. Williamson asked the status of the erosion at 4636 Shoreline Drive. Goman said the is status is on railroad property and Xcel Energy has been informed. Williamson asked the status of the tennis courts. Goman said the sign is being repaired, the surface of the Council Meeting—7/10/06 5 • courts has been repaired and the vegetation has been clean out. Williamson inquired about the plaque for the water tower. Goman explained he has not had time because he is spending i.e. six hours on the Mist project today. He said most of the time is for general inspections i.e. placement of the height of a gate valve box, etc. Williamson asked how the City selects curbs that need repair. He reported the curbs on Lafayette Lane are cracking. Williamson also asked how a ballot from the new voting machine for people with disabilities is processed. The Deputy Clerk briefly explained. Williamson stated the accounting firm that does the City's audit is going out of the audit business and we have to consider not only cost but capabilities of a new firm. Williamson asked the status of obtaining a 3`d party engineer for the K. Hovnanian project. He said a request for proposal should be done. c. Engineer 1. Award Sunset Drive Streetscape, Mill & Overlay a) Base Bid b) Alternate Bid#1 —Sunset Drive North Portion c) Alternate Bid#2—Sunset Drive South Portion d) Alternate Bid#3 —Bayview Place Adolf said there was a meeting today with Greg Chock, Hennepin County Public Works Operations Administrative Engineer to come up with a service trade. He said the details would be considered after the award of the contract. He said Hennepin County does have a current contract with Hardrives and they were confident after the • award of bid they would go thru the bid items. Adolf referred to alternate bid #2. Hennepin County will remove the tracks and do the milling portion of that project. He said the other alternate bids areas on Sunset Drive will also get milled. Goman said it is recommended not to award alternate bid #2 because the county indicated they would mill and repave this area and have it and done this summer hopefully the middle of August. Rockvam verified this would tie in with the base bid. Goman said a meeting will be held to coordinate this after the award of the bid. The Council briefly discussed the cost of alternate bid #1. Adolf said we have to be careful and not to pick the project apart because that would change the bid. He confirmed Hardrives is doing it all, part will be billed to the county, to the developers and to the City Hughes asked the cost for replacing the street in alternate bid #1. He was told the estimate is $6,000 and the rest of the $70,000 is for curb, gutter, lights, and storm sewer. Goman said $30,000 is for rip rap, concrete pipe, castings, etc. Rockvam said he was not aware of the proposed catch basin on the north side of Sunset Drive. Goman said it is going south of the entrance to West Arm Drive. Rockvam asked if there was only one entrance into the railroad property. Goman said trade offs could be in part of alternate bid #3. The Council briefly discussed the storm sewer, curb cuts and crown of the hill. • Adolf said a permit application has been submitted to the MCWD. He continued alternate bid #1 is included with the project because it meets their criteria for best Council Meeting— 7/10/06 6 • management practices. He stated it might be a fight to have the catch basin moved to the north side. Rockvam said if the catch basin is going in as an environmental project it should be moved to the corner of West Arm Drive. Goman pointed out this would be a change order. Rockvam said for accounting reasons it should be for environmental purposes. Rockvam asked if it would be a big issue with Hardrives. Goman said there are 26 items in alternate bid #1 and Hardrives would not want the project if we remove items. Hughes asked where the money would come from. Adolf said the HCRRA would participate in this. Friesen referred to the upcoming meeting on 7/24 with Commissioner Steele. She said Steele prefers to meet with a partial Council verses a full Council so we would not have a public document available that would be misconstrued. Williamson pointed out the Council is being asked to make decisions on faith. Goman said documentation is forthcoming. Williamson said when we approve something we want to know more specifically what we are approving. Rockvam stated in this particular case this alternate bid#1 is a critical portion and we cannot do one part and not another part. He added the elevation of the road and the drainage of the street has been a problem for years and this would take care of that problem and we have to do the accounting for the in kind trades. • Hughes asked if it was included in the bid to change the elevation in that area. Adolf said the hump would be removed and also the high point so half the run off would drain north and other half south. Goman confirmed the county has a concern with that area also and would require that change. He agreed part of the approval would be in good faith but we cannot get into details until the Council awards the bid. Rockvam pointed out we should get some funds from a developer for that area because Frostad (Lakeview Lofts) has used that area all along and the curb should be part of their costs. Goman said the county has that documented and the base bid should be extended past the railroad right-of-way because the developers have used it during their construction and we are entitled to some type of compensation. Reinhardt asked the ramifications if this is not acted on tonight. Adolf said if the Council waits the maximum allowed to make a decision it would extend the completion date. Rockvam said he would like to make a decision tonight. Hughes recapped alternate bid #2 (green area) is off the City dollar, alternate bid #1 (pink area) for approximately $70,000, we may get something from the developers. He asked what the county would do in alternate bid #3. Goman said they are willing to do the mill and overlay portion as a trade. Goman recommended we do the curb and gutter. The Council briefly discussed storm drains and storm water run off in that area. • Rockvam said we had an assessment for Lafayette Lane when improvements were done on that street. He we should look at assessment if we put in curb and gutter on Council Meeting— 7/10/06 7 • Bayview. Goman said the recommendation is not to approve alternate bid#3 because the mill and overlay would be separate along with curb and gutter, etc. Motion by Reinhardt and seconded by Widmer to approve the base bid and alternate bid #1 as recommended by staff in their memo and not accept alternate bids #2 and #3. Four votes were aye and Williamson voted no. Motion declared carried. Goman will come back and discuss street lighting in alternate bid#1 at a later date. 2. Schoell & Madson Re: Lift Station#6 Change Order#1 & Pay Request#7— Rockvam said we should not pay someone first and then settle a disputed bill and recommended not to pay anything on this request at this time. Adolf said this work is not included in the big disputed change order request. Williamson said this is a legitimate request and we will end of paying this but maybe not pay anything until the issues are resolved. Motion by Williamson and seconded by Hughes to lay over this request for one week to the next Council Meeting July 17, 2006. All votes were aye. Motion declared carried. d) Utility Superintendent • Goman reported he contracted someone to read the water meters and he had discussed part time help with the Administrator. The Council agreed that Goman is authorized to contract for extra help. e) Administrator 1. Building & Sign Report 2. Channels 8 & 20 Schedules 3. Fund Balances YTD 4. Cash& Investment Summary 5. Upcoming Meetings a) Special Council Meeting Re: Lift Station#6—July 1 lth— 10:00 a.m. b) Trailhead with Penny Steele—7/24/06 c) Police Commission—July 18th d) Administrative Comm—July 19th e) Open House July 20th (Retirement/New Employees)—2:00 pm to 4:00 pm 6. 2005 Audit Friesen said this could be put on the agenda for next meeting. Rockvam said we should have a workshop on it. Williamson said the workshop should include all finance issues. Reinhart noted the audit was dated the end of April and was told that is the date they completed obtaining information from the City. Rockvam said we should think about contracting Froehling Anderson for the City's accounting firm because they are discontinuing doing audits and find a firm that specializes in audits. • 7. Miscellaneous Council Meeting—7/10/06 8 • Friesen referred to the information she distributed on the satisfaction of repayment agreement for Merla Neumann (4405 Lafayette Lane) and asked for Council approval. Motion by Reinhardt and seconded by Widmer to approve the satisfaction of repayment agreement for Merla Neumann. All votes were aye. Motion declared carried unanimously. 8. CLAIMS FOR PAYMENT Motion by Hughes and seconded by Reinhardt to approve the claims for payment for July 10,2006. All votes were aye. Motion declared carried. Hughes verified #11 for Greg Keller, prosecuting attorney was a retainer versus an hourly rate. 9. UFINISHED BUSINESS —None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Head, Seifert& Vander Weide Re: Project Status Reports—6/22/06 b) Head, Seifert & Vander Weide Re: Notice of Default - Mist Lofts—6/21/06 c) Sr. Community Services Re: Request for Funds—6/19/06 • d) Mound Fire Dept. Activity Report—June 2006 11. MISCELLANEOUS—None 12. ADJOURNMENT Motion by Williamson and seconded by Reinhardt to adjourn the meeting at 9:52 p.m. All votes were aye. Motion declared carried. SHARON CORL DEPUTY CLERK 'L�4 �U-VA&' S RAH FRIESEN ADMINISTRATOR/CLERK/TREASURER • Council Meeting—7/10/06 9