November 16, 2015, Council Minutes

NOVEMBER 16, 2015 – 7:30 PM
Attendance: Former Mayor Reinhardt, various students from civil government class, Catherine Palen, 4352 West Arm Rd, Tom Mudhenk, 4014 Sunset Drive.
1. CALL TO ORDER – Mayor Williamson called the meeting to order at 7:30 p.m.
2. ROLL CALL – Pavot, Hughes, Bren, Horton, Williamson.
3. INTRODUCTIONS – Williamson introduces the council and staff to the public. Administrator Tolsma, Clerk Lewin, Engineer Pearson, Attorney Beck, Commissioner Mason.
5. ADOPT AGENDA – Hughes makes a motion and Pavot seconds to adopt the agenda. All votes ayes, motion carries.
6. ADOPT CONSENT AGENDA - Pavot said on page two of council minutes where she mentions 'examination of tax return' it's where she volunteers, not where she works. Horton makes a motion and Bren seconds to adopt the consent agenda. All votes ayes, motion carries.
a. City Council Regular Meeting Minutes from November 2, 2015
b. Administration Committee Meeting Minutes from November 10, 2015
c. Draft Planning Commission Meeting Minutes from November 12, 2015
a. Resolution 15-22: Adoption of West Arm East Road Assessment
1. Open Assessment Public Hearing
2. City Engineer’s Presentation
3. Public Comment
4. Close the Assessment Public Hearing
5. Council Discussion, Findings, & Action on Resolution 15-22
Williamson said this is for a special assessment to be filed with the County. He said the engineer will present the project and expenses related to the project. Williamson said this is a 75/25 split with the city paying the 75%. He said the hearing will be open, then the engineer’s presentation and then open for public comment. He said all affected property owners have been noticed by mail.

Williamson opens the public hearing at 7:39 p.m. Pearson said this is related to West Arm Road East street improvements. He said the policy is to assess only for the street improvement and no utilities and no retainage are included. Pearson said the assessment analysis was taken from the feasibility report and the estimated amount was $330,000. He said $247,500 is the city’s share and the benefiting property owners’ share is $82,500. He said an estimate was completed on September 29th based on the contract prices and based upon work completed as of that date The 5% contingency is included and the estimate includes costs for professional and administrative services He said the total cost was $264,031.27 and with the 75%/25% the City's share is $198,023.45 and the property owner's is $66,007.82. Pearson said the feasibility report done on November 14th, 2014, a method for the assessment was based on assessing the easterly 295 feet of Lord Fletcher’s property. He said a percentage was determined based on the 805 feet total length and the cost share for LF was 36.4% of the cost to be assessed to them. Pearson said the remaining costs were assessed on a unit basis of 11 benefiting property owners. Pearson displays a chart showing the benefiting property share based on the feasibility report is Lord Fletchers Apartments, 4400 West Arm Road's is $24,026.85 and the 11 residential units $3,816.45, each. He said the actual cost compared to the preliminary report is less. Pearson said these numbers were identified in the public notice. Williamson said there has been minimal deviation from the start of the project to the end. Williamson opens this to the public if they want to make a comment. Williamson repeats. Hearing none closes the public hearing at 7:48 p.m. Williamson opens this to council discussion or motion to approve or deny. Hearing no discussion Bren makes a motion to adopt 15-22 for the proposed assessments for West Arm Rd. Horton seconds. All votes ayes, motion carries.
b. Resolution 15-23: WeCAB Resolution of Support –
Williamson said this is a volunteer driver program for the elderly, disabled or persons that need a ride. He said preliminary calculations revealed about 94 residents from Spring Park have taken part in this program. Williamson reads the resolution aloud. The resolution states $750 for support to the program. He said in the future there might be a calibrated contract but for now it’s somewhat in a trial stage. Williamson makes a motion to adopt and Hughes seconds. All votes ayes, motion carries.
c. Ordinance 15-03: Sign Amendment – Public Classification –
Williamson said the sign amendment is explained in the council’s packet and it has been discussed previously in a work session. He said this is a sign that is already in process and is educational in nature regarding invasive species, weather alerts and public safety information. He said this dynamic sign can also be shared with the city for messages. He said the existing ordinance limited the size of the sign and the motion timing. He said therefore the ordinance had to be changed to accommodate what is being proposed.

Hughes said the original dynamic sign ordinance was drafted conservatively to stay away from distractions for drivers. Hughes is encouraged by the probable use of a community sign to promote civic events. He said this is a prototype for other launches. He said a public hearing was held by the Planning Commission and pertinent questions were addressed. Hughes moves approval of Ordinance 15-03. Bren seconds. Pavot said she looked at the March 23rd work session minutes and she said the sign option chose is twice the size being proposed. She wonders about this serving a community function as it seems to be directed towards boaters. Pavot would like to see the time lengthened to perhaps 15 seconds versus 8 seconds. Hughes said the reason for the smaller signs for commercial districts is those signs would be placed at the road, therefore they were kept smaller. He said for this one it will be set about 50 feet off the road. He said with new technology coming out, the message can be changed by a laptop or a cellphone. Pavot would assume the county message will take priority over a community message. Hughes thinks variety is better and he will try and promote this. He said Hennepin County Dispatch can override the message for public safety and weather alerts. Pavot wonders about electricity costs and Tolsma said Water Patrol will be billed for electricity.
Williamson said the good news is the city is able to have input in this. Hughes said the LMCD is also the third party in this and they will be allowed message time as well.

Pavot wonders what the dimensions of the temporary, movable sign are. She thinks the proposed size is too big. Hughes is in favor of the boater safety messages because of the number of boaters in our community will benefit.

Tolsma said an initial challenge was the need to change the ordinance. He said the city doesn’t regulate governmental signs but does regulate the size. He said the approach has been to work with the county to find a happy medium. Tolsma agrees, this being a shared, community sign is a stretch but they are working together to get to a compromise on this. He said the sign's illumination can be controlled by dimming measures. Tolsma said the initial goal will be to have four rotating messages and each stakeholder will get one rotating sign.

Catherine Palen, 4352 West Arm Road and she asks if this sign will be on 24/7. Tolsma said the county will have total control and it’s possible it will be shut down at certain times of the day. Palen said she wonders about the condominiums across Shoreline Drive when looking at the location and wonders about the size of the boats being launched and taken out being able to clear the sign. Hughes said the post is in and when the sign is in place it will not be obstructing to boats and transports. Hughes said one of the reasons why the city has input in how this sign is positioned in order to direct it away from the condominiums. Bren said she has walked the new landing since they poured the new concrete. She said she doesn’t believe this sign will interfere in any way. She also said the Planning Commission addressed a lot of these issues and the reason for the placement and orientation is a direct reflection of making this low impact to residents. She said this will be directed towards boaters and will have safety messages. She thinks this is a good thing. All votes ayes, motion carries. Williamson thinks as things go forward another community message board should be explored.
a. Mayor and Council –
• Williamson asked about Christmas lights being turned on and Tolsma said it will be next Monday.
• Bren said she walked past city hall and she said there are two nice trees on either side of city hall and the trees around the city hall sign could be lighted.
• Hughes said from the LMCD Judd Harper has resigned and there is an upcoming meeting to discuss transition. He said strategic plan is almost finished.
b. City Administrator – Nothing.
c. City Engineer – Pearson said nothing but mentions the work session next Monday and the proposed storm sewer extension.
d. City Planner -
e. City Attorney -
f. Public Works Superintendent -
a. November 23 – City Council Work Session – 7:00 PM
b. November 18 LMCD
c. November 25 – LMCD – 7:00 PM
d. Police Commission meeting is for mayor's and administrators and is for calculation for exact billings for contract cities.
a. Bills & Payroll – Bren moves to pay the bills and Pavot seconds. All votes ayes, motion carries.
15. MISCELLANEOUS (Information Only)
a. LMCD Memo – No Action Required – Pavot wants to mention Hughes 100% attendance and felt that was noteworthy.
b. Mound Fire Department Press Release
c. Mound Fire Department October Report – Williamson mentions Turkey Bingo taking place tomorrow. He said it’s fun and it’s a useful event.
d. December Channel 8 & 20 Schedule
e. Rainbow Treecare Treatment Report – Williamson said this was a good report about why this treatment is cost effective.
f. Westonka Community & Commerce Tree Lighting Notice
16. ADJOURNMENT – Horton makes a motion and Hughes seconds to adjourn the meeting at 8:45 p.m. All votes ayes, motion carries.

Wendy Lewin, City Clerk

Dan Tolsma, City Administrator