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8/7/2006 - City Council - Regular - Minutes CITY OF SPRING PARK SPRING PARK,MINNESOTA • MINUTES COUNCIL.MEETING AUGUST 7,2006 7:30 P.M.—CITY HALL l. 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, Office Assistant Lewin; Engineer Ken Adolf, Engineer, Attorney Tom Seifert, and Planning Commissioner Mason. 3. ADOPT AGENDA Motion by Williamson and seconded by Widmer to adopt the agenda. 4. APPROVAL OF MINUTES a) Council Meeting Minutes—July 17,2006 Motion by Reinhardt and seconded by Hughes to approve the Minutes of July 17,2006. b) Special Council Meeting Minutes—July 26, 2006 • Motion by Reinhardt and seconded by Williamson to approve the Special Council Minutes of July 26,2006. PUBLIC FORUM -No one present. Mayor Rockvam introduced the Council and Staff to the viewing public. 5. PETITIONS, REQUESTS &APPLICATIONS a) Construction Update Lakeview Lofts 1. Memo from Tom Seifert—Lakeview Lofts landscaping plans Rockvam stated there seems to be a difference of opinion on the landscaping. Seifert stated he's talked to Todd Frostad and once a landscape plan has been approved, including corner sidewalk planters, that's the last thing to deal with. Friesen said we've received an estimate from Norling on this and Seifert requested a copy of this estimate be sent to him and the Council. Seifert said the globe trees are a separate escrow with Hennepin County. Williamson wondered if we've confirmed that in terms of amount and specific use. Seifert stated we haven't seen anything in writing. Williamson said there should be some documentation in writing. Seifert stated it's hard to get anything in writing from Hennepin County. Williamson said if we don't have it in writing, we don't have it. He said we should have a memorandum stating there are funds being provided by Frostad before the City returns any escrow. Seifert said we are quickly coming to the end where there will be set amounts for paving, globe trees, planters,etc. but the escrow can be shrunk significantly. Rockvam thinks this might be a big incentive for him to get it done. Seifert said the letter of credit usually doesn't cost a lot of money. • Council Minutes—8/7/06 1 Rockvam brought up the transformers on the rail property and how there was no idea those were going in there. He said they would like some bushes or shrubs to disguise • these. He said the blacktop driveway back to the locomotive shed has never been cleaned up. He said in back of the arborvitaes there's been hay installed to catch run off and it's still there. Rockvam thinks it needs to be cleaned up. Goman talked about the makeshift fence and stated the rail authority is in the process of taking it down and the area will.be restored to original. Williamson stated that area is heavily used for parking. When vehicles back out, and if there isn't something there indicating an end to the pavement, we could have cars dropping off the edge. Hughes said he feels there is an issue regarding the address to the building and it's hard to read because it's not a contrasting color. Williamson says the numbers are black and it's tinted. Hughes said from a public safety response standpoint its difficult to see the numbers. Rockvam wondered how we got involved in the planters. He thought Frostad was going to purchase them. Goman said the meeting on site was to get the planters,get them planted, and Frostad would buy them. Goman thought the City would pay for them outright and it would then be taken out of the escrow. Seifert stated they asked Norling for a proposal because at the time they didn't know how much it would be. Goman stated it's approximately $4,900 for the planters plus labor. Williamson wondered about the on-going maintenance responsibility. Rockvam said Frostad was maybe going to put something in the association agreement regarding maintenance of the planters. Rockvam thought the City was going to maintain it and bill it back. Hughes wondered why Norling can't just bill Frostad directly instead of billing the . city. Rockvam wondered how close we are to getting these planters finished. Seifert said the exact location of the globe trees to be planted on the Hennepin County property is to be paid for out of the escrow and there is an issue as to where exactly they would be planted. Frostad said he didn't want to block the views of the lake and a representative from West Arm Townhomes said it was their objective to block the Lakeview Lofts. Rockvam said the globe trees were going to be behind the arborvitae but Frostad said he didn't want to plant down by the retention pond as it would block the second floor's views of the lake. Rockvam said the emphasis should be on when and where they are going to get planted. Seifert said we're going to get a revised landscape plan and we can ask them to send it to Hennepin County but we may never hear from them because they're not sure what's going to happen in that area in regards to the trail. As long as there is sufficient escrow to pay for the globe trees, Seifert thinks we shouldn't get involved in where to plant them. Hughes asked who has the money and Seifert stated the County has the money. Rockvam said there was originally escrowed something like$12-15,000 and there should be something there to honor the agreement. Apparently Frostad stated he would be willing to do something with the caveat that the rail had the authority. Rockvam remembered they wanted something to break up the building and now when it's getting to the end, they're backing out. He said we need assurance that this is going to get done. • Council Minutes—8/7/06 2 Williamson wondered if the money could be withdrawn and deposited with the City with a stipulation of those funds being used for landscaping, after the trail plans have been adopted,or making sure the City has a role in dealing with Hennepin County. • Williamson said he is concerned that the monies don't fall through the cracks and we lose control. Seifert says it depends on the agreement with the County. Rockvam said he believes there will have to be a sign-off from West Arm Townhomes to get that trail put in and a couple of things they'll want is a fence and globe trees that run all the way down. He said in the next couple of years the trail plans will become more concrete. Seifert wanted to know if he should check on transferring of monies to Spring Park from Hennepin County. Williamson thought it would be worth checking to make sure it doesn't get used for something else, forgotten or lost. Seifert stated the other thing not discussed is the curb installed on Sunset and it not being the correct size, it's undersized. Rockvam asked where that was. Goman said it's on the east side of the building. He stated the plans were reviewed today and it is the correct size according to construction plans. Goman stated Hennepin County standard curb width is 24" and the one put in there is only 18"wide. Goman said Todd said it was put in per plan, it had been approved and if it comes out it will cost money. Goman said there is a phone call into one of the supervisors. It's the flat portion of the curb at the street. Seifert said the arbitration on the exterior colors is the scheduled for September 20th and 20 and there needs to be an agreement extending the term of the escrow. A proposed contract was sent to Frostad's attorney two months ago and Seifert said we haven't heard back. Rockvam noted we have to watch this as it is corning due and we don't want to see it run out. Seifert said all that's needed is someone needs to sign the • agreement. Reinhardt questioned the tactic of sitting on it and they end up getting their money back. Hughes asked when the time frame was up. Seifert wasn't sure. 2. Letter from Todd Frostad—Lakeview Lofts punch list Rockvam feels the City needs to have a punch list when some of these project items are coming due. Goman said it's part of the development agreement. Seifert wondered who prepares the punch list. Goman said he's doing the utility list but said he hasn't been directed to do anything else. Seifert said it should be added to the list of things to do. Rockvam wondered about Goman taking this on and asked Goman about how long it would take. Rockvam is concerned about the amount of time Goman has during the day regarding these projects. Rockvam wondered if we're billing these escrow accounts to accommodate for his time spent. Rockvam recalls Beck saying that the overload on staff time is billable. Williamson said.Beck told him at least twice that she never gets invoices for overtime and she was wondering why. She knows there is a lot of time, particularly with Goman,being spent on these projects and the overtime could be billed. Beck has offered to meet with staff about billing these expenses to the escrow accounts. Rockvam said it's time to get this wrapped up. Goman said the initial punch list to the certificate of occupancy stage has been signed off. He said there's about a one page list of utilities and the development side is down to about five items without the curb. Rockvam said these items need to be documented so this list is kept moving and • Council Minutes—8/7/06 3 check-offs are happening. Goman said they have that. Hughes wondered if they could get a copy of the punch list in the next packet. Goman said yes. Rockvam wondered about the lighting plan versus the actual. Goman said the guy was out and he has the • e-mailed copy of the report and he'll forward it. Goman said certain lights will change with the shield and some will get another fixture. Rockvam asked for the List by the next meeting. Rockvam asked about the landscape plan with Norling for Lift Station#6 and Goman said the initial landscape plan is done, however,he said some of the items weren't quoted in the proposal. Goman stated he spoke with him about it and he said he'd get it done and Goman hasn't heard from him. Rockvam said he would like to see a plan with a breakdown of the items and the Council will make the decision on what to spend. He wants to see something by this fall. Rockvam said the backlog of things needing to get done continues to build up and it's a concern. Goman said he has asked for him to complete and resubmit the proposal but hasn't heard anything. Rockvam said he would like this by next meeting or a special meeting to get it wrapped up. Williamson said he noticed periodically throughout the weekend the western overhead door of the Lakeview Lofts was open and the red warning light was on. Goman said the door is broken and they're waiting on a repair guy. b) K. Hovnanian Homes -Agreement to Extend Term of the Predevelopment Agreement(Island Harbor) 1. Memo from Nancy Beck Rockvam said he thinks it would be nice if someone from the group would address the Council periodically, maybe every three to six months with an update. Rockvam said there are a lot of rumors out there but nothing to confirm. Williamson noted the provision cited in the resolution and said the date really covers 61 days when in fact it says 60 days. Also, it states it would expire on October 1" which is a Sunday. Williamson questioned Seifert if this should really be a Monday and Seifert stated most likely. Williamson stated there is$73,000 in escrow to pay for expenses and if it's not extended,that money could go away. He said the escrow should be preserved and it should be corrected to state a working day. Motion by Williamson and seconded by Hughes that the second Whereas clause, provided it's for sixty days should expire October 2nd Rockvam thinks someone from K. Hovnanian or Gorra should come in with an update. Rockvam asked Williamson if this could be a friendly amendment to his motion. Williamson stated he didn't think.it should be part of the motion but, the Council should be unified in extending that request. Reinhardt stated as a notation that it's already been signed by K. Hovnanian and Mike Gorra so it would have to be changed. Williamson stated that was an interesting point and if they've signed maybe we shouldn't make any changes. Williamson withdraws the motion and makes a new motion seconded by Hughes that we accept the extension provision in the agreement. All votes were aye. Motion declared carried. • Council Minutes—8/7/06 4 c) Public Parking/Right-of Way issues—Jim Gilbert (T. Storlie 4032 Shoreline Drive) James Gilbert said he represents Ted Storlie and Tyconn LLP. Storlie is out of the • country at the moment but wanted to discuss the parking and paving issues. Gilbert understands timing is important. For background purposes Gilbert hands out a copy of the survey. Hughes asked if it is a current survey. Gilbert stated it was done in '03. Gilbert said the parking issues seem to be in the NE corner of the property and are public versus private. He said there also seems to be issues in the NW corner regarding a fire hydrant and a light pole. Gilbert said in regards to the curbing issues, historically there were 32 parking spaces and 27 were required. Gilbert shows an aerial copy of a Hennepin County map which coincidentally shows nine cars parked at the north end. He said the curb installed prohibits parking close to the building. It was noted that Friesen said this was a mistake. Gilbert asked for a curbing change so cars can park closer to the west end. He said it would require additional curbing around the hydrant and the new light pole. Gilbert said they would like three cars to park in the NW corner, one compact and two regular sized cars. Storlie would be willing to grant an easement if the desire is to expand the parking to the east end. Rockvam asked if Adolf or Goman could illustrate on the board. Rockvam said the question is how Storlie wants the curb to continue on his property in order to get access. He said we might have to do additional work on the surmountable curb by the hydrant and the concern is where is it going to go and whether it's going to end or is it going to continue northwards. Adolf(illustrates on the board) said the site meeting and the curb was to be surmountable. It wasn't installed the way it was supposed to be and instead it was modified so it's much more abrupt. Adolf said the intent was for it to be surmountable. Rockvam said if you have a low car they won't get over it. Adolf • stated it will have to be replaced. Rockvam said that is good news. Adolf said the right-of-way line has been staked and shown on the original plan was a sidewalk behind the valley gutter and some sketches showing 90 degree stalls with the five foot wide sidewalk. The parking stalls on the east went outside of the right-of-way. Goman said the sidewalk will not be there, it's been taken out. The item to be resolved is the parking stalls put in and whether they're public or private. Rockvam stated the curb is going to go by the right-of-way line(Adolf illustrates). Rockvam said the curb will be about six inches high and coming around to protect the fire hydrant. Rockvam said the question was how we were going to run that curb west. Rockvam wondered if he wants the curb to go south, then west,then north and around the fire hydrant. Gilbert stated Storlie wanted three stalls on the west end and the diagonal would accomplish that. Rockvam said if it's diagonal, it cuts down on the amount of parking space on the City property. Rockvam said if the curb on Del Otero is going to be redone and it goes around the fire hydrant, maybe there is enough room to drive in on Storlie's property. He said he still doesn't think there will be enough room for three cars to park without taking away from the City's parking spots. Hughes recalled how the Council adjourned to go up there and they still haven't seen a to-scale drawing with the new retaining walls and options about running the curb to the west edge to property and bringing it back around. Hughes said once again we're dealing with sketches on napkins and he wants a new survey with actual measurements. • Council Minutes—8/7/06 5 Williamson asked about the timing requirement for Cornerstone to finish the work and whether there is a deadline. Goman stated the earliest would be the ls`of September and latest would be the end of September. Rockvam said the City wants to get in as • many cars diagonally as possible. He said the City doesn't want to cut themselves out in order to let Storlie get his parking request. Goman stated it was going to be re- staked and not resurveyed and that has been done. Rockvam said the challenge should be how to maximize the usage of Storlie's land and still get in and out okay. Seifert asked if there happened to be a car parked there,how would Storlie get into the back area. Adolf stated there would have to be slot left open. Hughes asked how many feet from the hydrant east would be Storlie's property. Goman thought about ten feet. Hughes said it was the City's intention to help out Storlie. He thought if we went two feet to the east of the hydrant there would be a gain of one stall on Storlie's property. Goman stated if the curb went straight south there would be a gain of one parking stall on Storlie's. He said the original plan showed the City would lose three parking stalls in order to provide access into Storlie's property. Hughes said we weren't talking about angled parking, we were always talking 90 degree. Goman said we provide access by the surmountable curb without restricting Storlie's access. Goman said we could put a sign stating private parking only. Rockvam said we didn't want to create a hardship but he doesn't think there's enough distance to shift the curb between the back of the curb and his property. Hughes said they were asking Storlie to bring the curb all the way around, a solid piece of asphalt. He said wherever the City's parking spots would come in there and there would be a driveway and how Storlie used the space was up to him. Goman said that could be done, but it's not wide enough for four stalls and possibly only two stalls. • Hughes said when the sign permit came in it was requested to see a to-scale drawing and it hasn't been provided. He said it was the Council's intent to maximize the entire space with curb and how to deal with parking spaces would require new drawings and accurate lines. Williamson stated the new parking along the curbs would be on City right-of-way and anyone could park there wherein elsewhere on Storlie's property he restricts parking spots to his business. Goman asked Gilbert if Storlie is in agreement with providing that curb line as shown tight up to the fence. Gilbert responded yes. Goman suggested to save time, if Storlie is in agreement,the City could go forward as far as installing the curb goes. He said from the time the curb goes in nothing can be pushed against it for seven days because of curing times. Hughes wants a to-scale drawing to illustrate parking. Hughes thinks the City needs to make sure some of the curb would go on Storlie's property because of the angle. Hughes states we should maximize as much as we can. Gilbert wondered if the curbing has to be installed by City requirement and Williamson stated the City is trying to dress the area up but at the same time deal with storm water runoff. Rockvam asked if the curb goes in, will that be the tradeoff for the sidewalk. Goman said yes. He also wonders about the asphalt. According to Goman,JE Dunn states they are only responsible to replace what was disturbed. The area by the power poles and behind the fire hydrant wouldn't be a JE Dunn expense and it would have to be worked out. Rockvam said it will probably be a City expense but when Storlie puts his asphalt in, he'll have to pay for that. Goman expressed it would be nice to have it • Council Minutes—8/7/06 6 all done at once. Rockvam said by putting the curb in it maximizes the property. Goman thought there was an agreement between JE Dunn and Storlie about some blacktopping up and the down area of his property. Reinhardt wants to know how we • move forward on this. Seifert stated by having a survey and construction drawings, what's going to be built and where. Once the survey is accomplished the City can figure out square feet involved,costs, and who's going to pay for what. Rockvam stated as far as the survey for the City, it shouldn't be a problem to authorize the engineer to do it but there should be a formal agreement as to what will happen and how it will happen. He said a survey is necessary to get an exact placement of the curb. Adolf stated another item to consider is if the City is going to make this public parking,the City would have the responsibility for snow removal. Goman asked for clarification on getting the distance on the curb from the fence and to give JE Dunn the authorization to proceed forward with the curb on the layout. Rockvam said no, a survey needs to be done, a drawing showing the back of Storlie's,the right-of-way,the two curbs north and south and then an overlay with construction plans. Rockvam is asking if the Council is going to authorize a survey. Reinhardt makes a motion and seconded by Hughes to authorize the City engineer do a survey. All votes were aye. Motion declared carried. Rockvam adds the caveat to get this done as soon as possible. The unanswered question is Storlie's participation on the asphalt costs. d) Miscellaneous 6. ORDINANCES &RESOLUTIONS • a) Resolution 06-21 —Accepting Dakota Rail Corridor Sub-Area Study Reinhardt makes a motion and seconded by Williamson to accept Resolution 06-21. All votes were aye. Motion declared carried. b) Resolution 06-22—Fire Service Contract with Mound Hughes makes a motion and seconded by Widmer to accept Resolution 06-22 for three years. All votes were aye. Motion declared carried. Williamson said there was a communication from Orono about protocols. Rockvam said that doesn't have anything to do with the contract. Williamson said the resolution shouldn't imply protocols but only to retain the existing contract. Williamson thinks that should be clear that they are separate. Rockvam said it should be voted on as a separate issue. Friesen stated if you look at the resolution on the bottom and the back it spells out what we are approving. It's a three year term, it's a twelve-month cancellation notice,it's a revised cost sharing formula and the existing service base remains the same. There is nothing about the protocol on autostarts. This is just the fire contract for service from the Mound Fire Department. Williamson asked the representatives from the Fire Department if that is their clear understanding. Chief Pederson said yes. It's the same as in the other communities. Frieisen stated this was the same as a Minnetonka Beach resolution that was modified to fit our contract terms. Williamson said he wanted to make sure it's a separate area. Widmer said it is a separate area. • Council Minutes—8/7/06 7 Rockvam said he is confused on the actual number and what those items in the autostarts are. • Hughes makes a motion and Reinhardt seconds that we move the discussion of the autostarts up on the agenda to right now. All votes were aye. Motion declared carried. Chief Pederson provided a handout listing labeled medical events. Pederson introduced Dr. Kevin Sipprell, a captain and Ridgeview medical director who will assist in answering any questions. Pederson said currently autostarts happen when someone calls 911 and Hennepin County Sheriffs Radio codes the medical emergency into one of the 31 events. It's entered into CAD(computer aided dispatch). For instance,currently Mound, Minnetrista, Spring Park, Minnetonka Beach and Shorewood would not be started on a bee sting. Currently, Spring Park and Minnetonka Beach have no medical autostarts in place. Pederson, representing Mound Fire believes it's in the best interest of public safety to have autostarts for ten coded medical responses by Mound Fire. Pederson can give examples if necessary. Pederson states if the police department says it's not a problem,that's false. Ambulance response to Spring Park is not fast. Pederson said Sipprell is really the expert and he can comment. Sipprell said he thought this process started around the year 2000 when Mound Fire was answering 800 calls per year and 50% were medicals. One of the goals was to reduce the amount of Fire call-outs. Sipprell said a committee was formed and they looked at the 31 coded medical events and studied what could be done for these medicals. Mound Fire has ventilation equipment in regards to suspected • carbon monoxide poisoning. Mound Fire responders can ride in an ambulance. Sipprell went on to say there are basic things the fire department can provide first response to. They tried to pick emergencies where the Fire Department could clearly provide a benefit to patients. Sipprell explained the ten highlighted areas on the handout need rapid response. He said police can be tied up on another event. The intent of the Fire Department is to maximize the efficiency they provide. Hughes wondered how long Shorewood and Minnetrista have been involved in rapid starts and Sipprell stated since 2000. Pederson stated St Boni Fire took the same protocol and adopted the same language as did Maple Plain. Goman stated when all cities were looking at this,Long Lake Fire got on board to standardize call-outs so it wasn't confusing for the officers. Two years ago,for whatever reason, it became officer discretion. The proposal is now being presented to the Council once again for their recommendations. Pederson looked at the rescue runs in Spring Park. He stated he doesn't anticipate more than one call a month, in terms of dollars it might be$1500 per year. He stated only 20% is based upon calls for service in the new fire formula. Use of the service is a smaller piece of the pie. Rockvam asked if there's been discussion with the police department. Pederson stated there was discussion and autostarts were discussed with Chief Good and Sgt. Erickson. Their philosophy is it should be officer discretion. Reinhardt • Council Minutes—8/7/06 8 wondered if someone calls 911 whether an ambulance is always started. Pederson said an ambulance is always started on a medical. But the ambulance service could be out of position. Williamson stated there is a computer mapping program • that positions ambulances according to past call loads based upon time of day. Williamson stated because we pay extra to have an officer in our community, our response times are typically on the order of 30-60-90 seconds. Williamson stated that's why we have a quick determination if something more is going to be required. Williamson said there is a cost factor and dollars do matter. The whole idea is to do the best job we can but at some point spending extra dollars sometimes doesn't yield that sort of return. Williamson went on to say that in the past there has been an over response; a police car, an ambulance and fire rescue all. at the nursing home facility only to find there was a D.NR on the patient. Williamson thinks there can be such a thing as too many responders. Williamson said this might be beneficial to Mound and Minnetrista with their problematic locations but in Spring Park our response time has been quick. Pederson said one police officer can't do much on a medical. There are new protocols established for CPR that doesn't allow for one police officer on the call. Williamson suggests they call for back up when something like that happens. Hughes stated we do have good response times but, if a 911 call comes in it might take a minute before the call goes out to the officer. Reinhardt referred to the list highlighted and felt they are all critical calls. She said it would be negligent if we didn't respond on some of these calls. Williamson stated Chief Good pointed out sometimes their medical response is compromised by more responders than less. Sipprell stated that comes down to team management at the scene and controlling the event. • Rockvam stated we shouldn't get into a decision on how to do their job. Rockvam thinks it's an awkward situation for the City. Rockvam wondered why there isn't a meeting of the minds at staff level but also wondered if the chief of police doesn't have to sign off on this. Williamson thought it would be necessary to have Chief Good and Chief Pederson.in the same room and discuss this. Williamson thought the same people need to be in the same room. Hughes said it could be a workshop type environment. Widmer asked when was the last time Pederson talked to Good about this. Pederson stated he thought it was about a year ago. Reinhardt asked if this is something we could try for a year. Pederson responded that they could. Widmer asked when they get a call, do they send out a smaller rig and Sipprell stated it is a smaller rescue type of rig with to three to five personnel. Hughes makes a motion seconded by Reinhardt that we implement the automatic response for ten items for a period of one year. Williamson makes a motion seconded by Widmer to table this in order to talk to both police and fire together. Widmer doesn't have a problem with a year but would like to discuss before committing. Hughes would like to see a workshop environment. Rockvam wondered if we could set up something here and everyone could attend and we could be done with it. Hughes would like this before the next council meeting. • Council Minutes—8/7/06 9 Sipprell requested a representative from North ambulance be in attendance. Reinhardt wondered what the purpose would be for having another meeting. Hughes requests that this meeting not be at the police commission meeting as he • would be unable to attend. Hughes,no, reinhard, no wdmer,yes,Williamson,yes,Rockvam,yes. Widmer specified that Chief Good should be in attendance. Hughes asked for a name at North to represent them. Pederson also wants to consider drowning and incidents on the lake that are water patrol issues. He said there are other agencies involved other than Orono Police. Fire Departments respond to most medical calls and fire departments are probably trained at a higher level than police departments. Resolution 06-23—Salary Adjustment Office Assistant Widmer makes a motion and seconded by Reinhardt to adopt Resolution 06- 23. All votes were aye. Motion declared carried. c) Resolution 06-24—Extended Leave Deputy Clerk Hughes makes a motion and seconded by Widmer to adopt 06-24. In discussion Williamson said the additional document answered almost all of his questions, however, he wondered about this not setting a precedent and he thinks maybe we should establish a policy because this issue might arise again. Rockvam stated we do have a policy and that is why there is a whereas clause. Williamson is concerned that in a humane gesture we don't create a circumstance and it doesn't come back in an unexpected way. Seifert stated a single incident is • not a policy maker. If it is done several times and the fourth person comes along and they want to use accumulated sick leave,it gets difficult because it has been precedent setting. Seifert stated once you do it for one person, you get the argument for the next person. Seifert stated the whereas clause means it isn't a precedent setting. Break established. Seifert stated the resolution does track the fact that this employee has quite a few hours built up, the same circumstances may not apply to another employee. Rockvam would like a memo attached to this so there would be something on the record. Seifert stated we could add more to the resolution so it is specifically set out. Friesen stated the City is not very generous in comparison with other cities when it comes to benefits. She said we can't carry over vacation time, we can't use our sick leave for our immediate family so it's not unusual to look at this request on a case-by-case basis. All votes were aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) .Mayor 1. Police Commission Reports&Minutes—7/18/06 Rockvam said it's difficult when the police don't show up for the meetings. Rockvam said we spend over a half of million dollars a year and there is concern about the relationship. Williamson said the difference came about when we went to five year contracts. He said there have been some good meetings but we need • Council Minutes—8/7/06 10 to coordinate better. Rockvam asked about the quarterly meetings and why they haven't been put in place. He stated our communications were much better when our contract was on a year-to-year basis. Seifert said the next contract . should specify the meetings and times and places. 2. Administrative Committee Minutes—7/19/2006 Williamson asked about the budget item. He said the item stated they talked about past procedure. Williamson questions the word timeline and asked what is the contemplated timeline for the budget. Rockvam asked him if he was talking about truth in taxation. Williamson stated truth in taxation is predicated upon a budget objective. He said they need a budget objective and in the years past they've had a rough draft around the third week in August. Rockvam stated it's not his intention to get involved in the draft budget. Williamson said the Administrator prepares it and gives it to the Council to chew on and kick around. He said it gave them some benchmarks so when it came to truth and taxation it gave the Council some ideas about what they were looking at. Friesen said Gary Groen is coining on Wednesday and those numbers will be coming sometime in September, probably the first meeting in September. Williamson said truth in taxation usually comes around in September. Friesen said truth in taxation hearing is scheduled for the beginning of December. Rockvam wondered where we're at on a couple of things. He said he would like to know through the planner what's going on with affordable housing overrun that has been loaned to Minnetonka Beach. He also wondered about the zoning service to Orono. Friesen stated a draft of the contract is ready and she can give it to Seifert and Beck. She said Lyle will do it but he has specific things he doesn't • want to do. Rockvam wondered about fire proof cabinets. Friesen stated the problem is they're too heavy and the floors won't support them. Goman said they're over a thousand pounds a piece. Rockvam brought up the ditch between Fletchers and Mahoula. Goman said it's with Beck for an easement with the owner of Fletcher's apartments. Rockvam said this has been going on since March and we've asked about going in and maintaining this ditch. Rockvam wants a pending project list. Goman said the developments are taking up a lot of his time. The Mist Lofts are going to be coming in and asking for temp CO's,the street lighting got shipped on Friday and a lot of things are happening. Rockvam said it's a perfect example of how some of this time should be charged back to these projects. West Arm Central.is another example. Rockvam said some of this money we are spending on overtime should be charged back to the escrow account. Goman said we could potentially recoup the money but it doesn't recoup the time and work effort. Goman said he's not spending a lot of physical time on outside things as it's been contracted. Williamson stated we don't want the normal routine things to fall through the cracks because of these developments. Goman said the projects will be done, but as population increases there will be more maintenance issues, more fire hydrants etc. We've added more infrastructure and it will require more staff time and more public works time involved. Seifert said we do have a draft easement for Ronquist. Rockvam asked when it will be done. Goman said the intention is to get it done this year. Goman feels this should be a higher priority than the ditch. • Council Minutes—8n106 11 b) Council —Hughes, Reinhardt, Williamson, Widmer 1. Reinhardt Re: Trail Meeting Update • Hughes said he has numerous questions regarding the new construction on Black Lake Road regarding the height of the house. He said residents are asking where the measurement was taken. Rockvam wondered if there was a mean measurement taken. Goman said it does look out-of-place for the area. Williamson said it's important to know where they measure from. Hughes asked about the drainage. Goman said it was resolved. Hughes wondered about the fire lane on Lafayette Lane and whether there has been anything going on in regards to that. Williamson clarified between Berland's and Merla Nuemann's property. Seifert said Beck wrote a memorandum stating it could cost$5,000 plus costs. The City should be advised to ask Berland if he wants to front that money. Rockvam wondered how that property was acquired initially. Seifert said somebody has to go into Hennepin County records to get that information. Friesen said Berland was informed about this decision and Berland said he was going to try and get some information about the property from the County. Beck said if Berland can't get anywhere,they would have someone on staff that could perhaps research it and then charge Berland for it. Seifert said Berland may own half of it or none of it. Hughes asked about the ball park storage shed and Goman said they're going to put it in next year. Hughes asked about the tennis courts and Goman said it's in the 2007 budget. • Reinhardt wanted to say the packets included minutes from the last rail task force and the next meeting is on Wednesday morning. Rockvam said Orono was interested in a more rural feel and is concerned about sign pollution. Reinhardt said Three Rivers has a sign policy and it's been studied and there might not be a lot of say on this. Rockvam said he thought we're not being kept informed by Three Rivers and Rail Authority. Williamson commented on the signs by Three Rivers. He thinks they do a nice job without being cluttered except for parking signs. Widmer asked Friesen about a name and phone number for the ditch east of Lord Fletcher's restaurant. Goman said he has a contact number for Coffee Cove. Widmer said the ditch between Fletcher's volley ball court and the parking lot at Coffee Channel is a terrible mess and it's next to the fishing pier. Williamson wondered if Lord Fletcher's has ever commented on it. Widmer thought Fletcher's has enough green screening to prevent them from seeing it. Rockvam thought a barge could come in and drag it and muck it out. c) Engineer 1. Schoell&Madson No report. Rockvam asked about the curb being replaced. Adolf said Patton was out here and waited for them to pour it but he couldn't wait on it and had to leave. When he returned,the curb had been put in wrong. d) Utility Superintendent 1. Street Lighting—Sunset Drive along HCRRA property • Council Minutes—8n106 12 Goman said in their packet was a proposal in e-mail form. He said the same contractor working on the Mist Lofts broke it down into two separate areas. Goman recommended other improvements to Hardrives and wondered are we • considering putting in the underground facilities. We aren't responsible for restoration. That is part of the overall project and the Mist project.The street light locations will not change. Rockvam asked when the sidewalks will go in. Goman said he has a preconstruction meeting with Hardrives and Hennepin County to figure out the timeline and there will be an update at the next council meeting. Rockvam said once those sidewalks are in, if someone wants to put something in they should be required to take out an entire section and it will be very expensive. Therefore,the underground stuff should be put in now so they remain undisturbed. Rockvam said we're talking about three lights. Goman said he would like the city to pay for it up front and down the road, as part of the agreement,they could pay it back. Hughes asked if we are asking for Three Rivers to agree to pay us back now before we go ahead and do it. Goman said no,the City pays for it now because based on on-site meetings the County doesn't have funding now. Goman said Three Rivers Park isn't even close to a design so they're not even thinking about street lighting. Williamson wondered why it has to be done now. Goman said the light bases are six feet deep and the conduit is two to three feet deep. He said there is also cable t.v., gas lines, three phase power and all the related components that have to be worked around. It's more of a convenience factor to do it now rather than later. Seifert wondered if Hennepin County Rail had approved the plans. Adolf stated Karwacki had a conversation with them because they were submitted more than a month ago they think it's in progress. • Rockvam said he thought it might be a good idea to get these people back out here as it would be a perfect time to get these underground utilities in. Reinhardt said there are three members coming out tomorrow. Friesen said they requested the meeting. She said she'll let them know what we're looking at and the timelines and see if we can get some help from them. Friesen said it's still rail authority property and it's their approval. Rockvam said he is concerned that if it's not acted on now, it will be all cut up later to put the sidewalks in. Seifert emphasized the plan needs to be approved first before it's done if there is an expectation for any money from them. If we go ahead,there isn't any means of controlling it. Rockvam said he doesn't think it's their property. Goman said it would be in the road right-of-way. Seifert still thinks we should get approval. Goman said the street lights would be within the Hennepin County road right-of-way. Reinhardt asked about timing and Goman said it should be finished up today and said the lighting for.Del Otero should be done tomorrow. Rockvam said it becomes a Council decision on putting in the conduit and bases at this time. Williamson said he's reluctant based upon what the attorney said about getting approvals in order to get a partial reimbursement or a credit. e) Administrator 1. Channels 8 & 20 Schedules 2. September Calendar 3. Building & Sign Report—July . Council Minutes—8/7/06 13 4. .Fund Balances YTD 5. Cash and Investment Summary 6. Miscellaneous • Rockvam had a question on the Yanik.Company building permit and it's been discussed. It needs to be treated the same as Marina Car Wash. He just wanted to make sure we don't treat others differently. Reinhardt asked about if under the new site plan rules it would have triggered a review. Friesen stated based upon the dollar amount it didn't trigger. Reinhardt said she didn't think there was a dollar threshold on this. Friesen stated staff would review in case there was something missed. Reinhardt also noted the type of project on the building and sign reports seems to have been dropped oft the report. She said it would be nice to know what they were doing. 8. CLAIMS FOR PAYMENT Williamson questioned line item 26, Schoell and Madson,the utility base maps. He wondered if at some point these are paid for or it's an installment plan. Goman said for the 2006 budget there is a certain amount that has been allocated to water and a certain amount to sewer. Goman said there are a couple of minor changes so there will be will a few more payments for this year. Goman said some of the costs are for updating those maps and computerizing them. Williamson wondered when the end point will be. Goman said it will end but there will be upgrades. Williamson asked if we'll pay $2,000 forever and Goman said no, the upgrades will be once or twice a year. Rockvam asked if this was a budgeted item and Goman said yes it was. Widmer questions#24,Quality Restoration and Goman said it's the blacktop • used for the water main break on July 1 s`and#31 and is for the catch basin and #28 and#6 are for Warren Avenue fill and labor. Hughes asked about the spring and fall clean up and where did it get coded to. Friesen thought it might have gotten coded to the wrong account. Williamson said it was paid probably around the first of July. Rockvam commented that Norling was paid$800 to clean up the garden and it looks nice but now there are Village by the Bay signs stuck in there and it looks bad. He wonders if they don't need a permit and Goman stated no, real estate signs are exempt. Rockvam also mentioned the Buttendorf property and the powerhouse generators. He said the one side is starting to look like a junk yard. Goman said he's been in contact with them because he's interested in one of the generators and the other one has been sold to Mound. Rockvam said he thinks the truck is being used for storage and Goman said no, it's not being used for storage. Rockvam said he just thinks it should be screened out. Reinhardt makes a motion and seconded by Hughes to approve the claims for payment. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS a) NAC proposal to create trail head concept plan Reinhardt makes a motion and seconded by Williamson to approve. All votes were aye. Motion declared carried. Rockvam said he wants us to see if they can get this done sooner and Reinhardt agrees. b) Auto Starts • Council Minutes—8n106 14 1. Memo from Chief Good 2. Auto Start information—Greg Pederson and Dr. Kevin Sipprell • 10. NEW BUSINESS &COMMUNICATIONS a) Mound Fire Department Monthly Activity Report—July 2006 b) Mound Fire Department Budget Proposal c) Correspondence—4333 Channel Road—short term rental of property Friesen said the homeowner has changed the advertisement on the internet and has changed the wording to be a month or greater. The attorneys made the determination that one month would not be short term rental. Friesen said the owner has been informed that renters need to be told they are in a residential neighborhood and it's not a resort area. Rockvam said vacation rental has become more common. d) Planning Commission Agenda e) Head, Seifert&Vander Weide—Status Report Lakeview Lofts f) Head, Seifert& Vander Weide—Status Report Mist Lofts g) Head, Seifert&Vander Weide—Status Report Island Harbor h) Thank You from Bill Weeks 11. MISCELLANEOUS Williamson wanted to note Yanik's building and the sign permit application and that a representative from Yanik won't be able to attend the Planning Commission meeting. Widmer states the foundation was there he just changed it. Rockvam thinks there needs to be representation from the applicant at the Planning Commission meeting. 12. ADJOURNMENT • Motion by Williamson and seconded by Widmer to adjourn the meeting at 10:35 p.m. All votes were aye. Motion declared carried. Wendy Lewin Office Assistant Sarah Friesen Administrator/Clerk/Treasurer is Council Minutes—8/7/06 15