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1/3/2006 - City Council - Regular - Minutes RECEIVED CITY OF SPRING PARK JAN 17 2006 SPRING PARK, MINNESOTA HEAD, SEIFERT &VANDER WEIDE MINUTES COUNCIL MEETING JANUARY 3, 2006 7:30 P.M.—CITY HALL 1. CALL TO ORDER Mayor Rockvam called the meeting to order at 7:30 p.m. 2. ROLL CALL Hughes, Reinhardt, Williamson, Widmer and Rockvam were present. Staff present: Administrator Weeks, Utility Superintendent Goman, Deputy Clerk Corl and Office Assistant Farness. Others present: Dan Petrik, City Planner; Ken Adolf, City Engineer; Tom Seifert and Nancy Beck, City Attorney's; Planning Commissioners Mason and Sippel. 3. ADOPT AGENDA Motion by Widmer seconded by Reinhardt to adopt the agenda. All votes were aye. Motion declared carried. • 4. APPROVAL OF MINUTES a) December 7, 2005 Motion by Reinhardt seconded by Widmer to approve the minutes for the Council Meeting December 7, 2005. All votes were aye. Motion declared carried. b) December 19, 2005 Motion by Hughes seconded by Widmer to approve the minutes for the Council Meeting December 19, 2005. Williamson pointed out the following corrections: Page 4, second sentence after "decrease" add "the levy increase"; Page 6, first motion remove "carried"; Page 10, second sentence,remove"can be" and add"usually are". All votes were aye to approve as amended. Motion declared carried. c) December 21, 2005 Motion by Reinhardt seconded by Williamson to approve the minutes for the Council Meeting for December 21, 2004. • Council— 1/3/06 1 Rockvam requested his comment should be inserted in the minutes regarding the study limited to the six items listed in the resolution and when these issues have been addressed the moratorium should be terminated. All votes were aye to approve the minutes as amended. Motion declared carried. d) December 12, 2005 Motion by Hughes seconded by Reinhardt to approve the minutes for the Special Council Meeting December 12,2005. All votes were aye. Motion declared carried. Mayor Rockvam introduced the Council and Staff to the viewing public. 5. PETITIONS, REQUESTS &APPLICATIONS a) Receipt of Application K Hovnanian (Park Hill/Park Island Site)— 12/27/05 1. Schoell &Madson Re: Narrative &Preliminary Site Stormwater&Utility Plans Petrik briefly introduced the project for the redevelopment of the Park Hill/Park Island property. He said the proposal is to replace the current four building with five new buildings; three will be located on the island; two will be located on the main land; there will be a total of 150 condominiums. He said the project would require a public hearing for the subdivision and the final plat; the moratorium would not apply to this project; they • hope to have the public hearing in February. The following people were part of the presentation: Steve Mangold, John Harriss, Tom Goodrum, and Brian Manion. Mangold stated each building would be 3 stories. Harriss said the elevations in the packet are preliminary and the detailed elevations will be available next month; the plans are environmentally responsive; they are within the requirements in the zoning ordinance; the buildings will have maximum windows; all exterior materials are permanent materials; there would be ample outdoor recreation areas i.e. pools, decks, hot tubs; the adjacent wetland will have a raised boardwalk; the price range would be about $550,000 to $750,000; no restrictions with age. Hughes asked for a proposed completion time frame. Mangold said they hope to start in early summer and expect it to be a 24-month project. Rockvam asked if there was any communication between the developer and the people living there now. He was told the current owner has leases set up to coincide with the start of the project; they are working with the owner, Mike Gorra; when they have a definite timetable they will inform the residents. Williamson said he received a call from a resident asking what is going on indicating that clearly all have not been informed. Williamson asked when there would be a closing on the property. Manion said when they have City approval on the plans. Williamson asked for a best guess on starting time and was told possibly April. Rockvam pointed out the closing would be contingent on plat approval. Williamson verified $10,000 has been paid to cover preliminary fees for • the engineer,planner, etc. Council— 1/3/06 2 • Reinhardt asked for background information on the company. Mangold said they were 71h or 8th largest in the nation; have been in the twin cities for two years; they have 5 single family communities and 1 condo project in progress. Rockvam asked the name of the condo project and when they started it and was told it is Highland Shores, started in July, it is four buildings with a total of 250 units. Williamson asked the relationship of the persons with the companies involved with the project and who ManRic was. Mangold said Mike Gorra is the owner; Brian Manion is from ManRic and is the owner between Gorra and Hovnanian and will be out of the picture when he closes with Hovnanian and Harriss is the architect. Reinhardt asked what the process would be from here. Petrik said there would be a report from the engineer and planner; the Planning Commission would hold a public hearing and make a recommendation to the Council. Rockvam verified the request for the public hearing is the combination of lots for one legal description. He asked if the land would be owned in common by the condo owners. He was told it would belong to the home owner's association. Rockvam asked when the physical portion of the building would be discussed. Petrik said that would take place at the public hearing along with the grading, etc. Williamson inquired about the Predevelopment Agreement. Beck said she was working on the draft. Rockvam said the Planning Commission has to understand all of the issues that have to • be dealt with i.e. utilities, draining, lighting, sewer lines, etc. and if everything is not complete the public hearing has to be held off until the issues are completed. Mason asked the dollar amount that would be on the building permit. Mangold said it was relative to the overall value of the project and they would start going over the application this week. Rockvam said the Predevelopment Agreement has to be in place first. Hughes suggested a work session with the Council and Planning Commission. Widmer inquired about the number of docks. Mangold said there are currently 50 docks and they were told they could get up to 70 docks. John Samuelson, 4484 West Arm Road, ask what cost would be passed on to the taxpayers. Rockvam pointed out they have already. posted escrow and all outsourced people used by the City will be paid for by the developer. Seifert said the affect of the development on the taxpayer is an increase in the tax base for the City. Williamson briefly discussed the amount of staff time spent on the recent developments and pointed out this cost is taxpayer's expense. b) Public Hearing Re: Temporary Moratorium 1. Open Public Hearing a) Notice Published in the Laker Rockvam read the notice published in the Laker December 17, 2005. He opened the public hearing at 8:10 p.m. and noted the Council roll remained the same as the regular meeting. 2. Discussion & Comments • a) Portion of Res. 05-39 Re: List of Items for Discussion Council— 1/3/06 3 • b) NAC Re: Moratorium Work Program & Costs— 12/27/05 The above communications were noted in the discussion. Rockvam pointed out the moratorium does not affect the R-1 District, single family homes, and it would be limited to the following six items pertaining to development in commercial and high density residential districts: exterior design, lighting requirements, public utility improvements, etc; property line setback, construction activity and guest parking. Petrik stated he proposes a three part program: Part 1. Revisions to the Zoning code; Part 2. Revisions to the Comprehensive Plan; and Part 3. Revisions to the City Code, regulations and fees to reduce community impact associated with construction and construction staging. He said there should be at least a minimum of two workshop meetings before proposing a public hearing. Petrik added the planners cost is anticipated to be $12,000 and about 130 hours of his staff time would be needed. Rockvam asked for an estimate for the engineer and attorney and was told approximately up to a total of$20,000. Marilyn Ronnkvist, 4484 West Arm Road, asked how many more parcels of land remain in the City that could be used for major complexes. Rockvam pointed out the other apartment buildings in the City and said it depends on the economy. He added the redevelopment does not change the livability or use. He pointed out if economics dictate changing commercial to residential, the largest potential is the Tonka Ventures building on Shoreline Drive. Tom Geib, 4550 West Arm, asked if there was a • restriction on building height and was told there is. Samuelson asked what brought up the moratorium. Rockvam pointed out when we went thru the recent projects things came up and we realized there were concerns with several things that needed to be addressed. He said the Council had to weigh the benefits versus not having the developments. Swede Peterson, 4452 West Arm Road, asked what the decrease in the percentage of City tax would be to the home owner. Williamson said there was no quick definite answer because of the tax system in the state. He pointed out a new development does not physically go on the tax rolls for a couple of years; there are physical disparities; the new value is shared and there is a new distribution. Williamson added there is no clear message and more value in the community is spread along the base. He said there is a gain but a percentage cannot be given. Rockvam pointed out apartments generate a lot of police calls and condos generally do not; town homes are valued different than single family homes but the values are reflected on everyone. Ronnkvist asked if the new condos would have an affect on the valuation of single family homes. Reinhardt said condos are valued differently. Seifert said values are based on comparable properties that have been sold and high values are reflective of a strong real estate market. Rockvam stated that more money on the revenue side of the budget lessens the amount the City has to levy. Williamson said the City is concerned with future developments and that they are compatible with surrounding uses and safe for the community and this moratorium • would bring the ordinances up to date. Council—1/3/06 4 • On another matter, Peterson inquired about the proposed bike trail. Weeks said the master plan has not been adopted. Ronnkvist what input the City is looking for from residents regarding the moratorium. Hughes said he was hearing they are in favor of the Council studying the list of six items. He said one issue with Lakeview Lofts was their guest parking. Geib asked what City services the condos on Spring Street receive. Rockvam pointed out the north south portion of that street belongs to the City. The Council briefly discussed traffic counts and traffic coming from Mound on County Road 15. Ronnkvist asked what the Council's plan is. Rockvam said the proposal is to follow only those six items on the list. Williamson said they may not make changes in all of them and the point of tonight's meeting is state law requires the City to hold a public hearing. Reinhardt clarified the proposal is only asking the City for preliminary plat approval. She said if that development came in as a PUD we would have more input and she would like to add this to the moratorium discussion. She pointed out we have limited abilities to say what we like and we would have more authority if we had a PUD in place. Seifert said if the Council sets up a lighting ordinance, etc. that would fall in the context of a PUD whether one is in place or not. Reinhardt stated the zoning ordinance evolves over time and future projects will dictate a PUD and she hoped the Council will consider adding it to the list. Planning Commissioner Sippel said he • liked the goals of the moratorium except exterior design. He thought it was subjective and contentious; we should not get too specific and just generally apply earth tones to projects. He said we should avoid a strict ordinance that would restrict development. Rockvam said he agreed somewhat and a theme should be determined when deciding this. 3. Close Public Hearing Motion by Reinhardt seconded by Hughes to close the public hearing at 9:00 p.m. All votes were aye. Motion declared carried. The regular Council meeting was continued with the roll remaining the same. c) Construction Update—Mist Lofts Brad Ridgeway, from J. E. Dunn, introduced Heidi Kurst and Peter Lund from Cornerstone. Ridgeway reported the following on the Mist Lofts project: the north building is ahead of schedule; two concrete pours are schedule next week; windows are being installed; exterior stud walls are being worked on; roof parapets are being installed; roof scheduled to start 1/9; piping and duct work is ongoing throughout; three sales models are in the process of being built. South building work being done: stoop and sidewalk foundations finished in the coming weeks; roof parapets and start of exterior wall has been started; mechanical systems are ongoing. Xcel is installing their cabling and transformers for the north building; Centerpoint Energy is installing gas this week for both buildings and the tower crane is being dismantled. Council— 1/3/06 5 . Kurst reported on the landscaping proposal from Michael Mason, 3950 Del Otero, the property owner to the east of the project. She said she is replacing St. Pierre and has to research the proposal further. She added if they do not want to accept the exact proposal they will come up with another one. Rockvam stated he wanted something worked out with Mason. d) Daren Marhula, 4372 West Arm Road Re: Request for Action Plan for Drainage Ditch— 12/19/05 1. Schoell &Madson Re: Drainage Issue—4372 West Arm Road Rockvam pointed out Marhula's letter clearly spells out past issues with the drainage ditch. He said the ditch raised concern a few years ago and the City asked the owner of Lord Fletcher's apartments for an easement to no avail. He said the natural waterway is from Kings Road, to Warren Avenue and to West Arm central to the ditch. Rockvam said if we obtain permission to maintain the ditch we would keep it clean. The Council agreed to have the City Attorney see if we could obtain an easement for the ditch. Marhula stated fill has been added to an already narrow ditch and it is collecting debris. Goman said someone from the apartments has added to the problem with adding class 5 gravel for storage of trailers, etc. and they use is for snow storage in the winter so there is not enough space for water to get through to the lake. He said he has directed Concept to remove the snow because of flooding and this was not an issue with the apartments at the • time. Williamson asked where the backwash water goes. Goman said we reclaim that water. He said the recent problem that caused the flooding on the street and overflowing the ditch was because of a pressure problem with the controls in the water tower. Williamson asked the volume of water lost and was told it was approximately 80,000 gallons. Rockvam requested the process started by the attorney with the easement and updates be provided to the City and Marhula. e) Appointments for 2006 1. Lakeshore Weekly News Rates— 11/28/05 2. Laker/Pioneer Rates— 11/29/05 Hughes asked if the Council was going to make any changes with the accountant. Weeks said changes can be made anytime with the appointments. Motion by Williamson seconded by Reinhardt to continue the services of the Laker Newspaper as the official newspaper for the City. All votes were aye. Motion declared carried. Williamson said if there were no more changes he would make a blanket motion to approve all of the appointments for 2006. Hughes said the Fire Commission elected Council Person should be a designee rather than an alternate and a report on all meetings should be given to the Council. i Council— 1/3/06 6 • Motion by Williamson seconded by Reinhardt to approve the appointments for 2006 and changing the Fire Commission Council Person to designee instead of alternate. All votes were aye. Motion declared carried. f) Fee Schedule for 2006 Weeks pointed out the changes are in bold. Rockvam asked if the fee for variances covers City costs. Weeks said we have not had many applications. Motion by Williamson seconded by Hughes to approve the Fee Schedule for 2006 as amendment. All votes were aye. Motion declared carried. g) Approval of Election Machine Lease Agreement Motion by Hughes seconded by Widmer to approve the election machine lease agreement. All votes were aye. Motion declared carried. h) Miscellaneous -None 6. ORDINANCES &RESOLUTIONS a) Resolution 06-01 —Naming Official Depositories Motion by Williamson seconded by Widmer to approve Resolution 06-01, naming • the official depositories. All votes were aye. Motion declared carried. b) Resolution 06-02—Establishing Order of Business Motion by Widmer seconded by Hughes to approve Resolution 06-02, establishing the order of business. All votes were aye. Motion declared carried. c) Resolution 06-03 —Meetings &Appointments Motion by Widmer seconded by Williamson to approve Resolution 06-03, meetings and appointments. Hughes noted the Fire Commission is not on the list. Rockvam said the City does not control that commission. All votes were aye. Motion declared carried. d) Resolution 06-04—Dates of Meetings, Holidays & Office Hours Motion by Reinhardt seconded by Widmer to approve Resolution 06-04, dates of meetings, holidays and office hours. All votes were aye. Motion declared carried. It was noted the time for Council Meetings was not specified. Weeks said this is stated in • Resolution 06-02. Council— 1/3/06 7 • e) Resolution 06-05 —Public Utilities Rate Schedule Motion by Hughes seconded by Widmer to approve Resolution 06-05, public utilities rate schedule. All votes were aye. Motion declared carried. f) Resolution 06-06 — Adopting Interim Ordinance Establishing Temporary Development Moratorium Motion by Williamson seconded by Hughes to adopt Resolution 06-06, adopting an interim ordinance establishing temporary development moratorium. In discussion Reinhardt asked where the 5,000 square feet was derived from regarding total area of construction on the list of exceptions to the moratorium in the interim ordinance. Beck said it was a low estimate and an option for their consideration. Reinhardt said she would like to reduce the construction cost limit to $250,000 from $500,000. Rockvam said he would like to leave the $500,000 and eliminate the square footage. Williamson said he would like the amount to be $100,000 and thought the square footage is arbitrary. He is concerned with leaving too big of a loop hole open and would hate to have someone do something ignoring all of the issues listed. Widmer was in favor of$500,000 and take off the 5,000 square feet. • Motion by Hughes seconded by Widmer to amend the motion to delete everything after the dollar figure. Upon roll call Hughes, Reinhardt, Williamson, Widmer and Rockvam voted aye. Motion declared carried. Motion by Reinhardt seconded by Williamson to reduce the construction amount to $250,000. Rockvam pointed out you do not get much construction or remodeling for half million dollars. Williamson said he is concerned with the car wash property and something being done with it that we do not want. He said $500,000 may not be enough for redeveloping that property. Hughes said if you build a large house it could easily cost more than $500,000. Reinhardt pointed out the moratorium covers big projects and the concern should be with Shoreline Drive. Upon roll call Hughes, Williamson, Widmer and Rockvam voted no and Reinhardt voted aye. Motion declared failed. Motion by Reinhardt seconded by Williamson to add a Planned Unit Development (PUD) to the list of items for the moratorium. In discussion Williamson said it is something we need to look into but not tie to the moratorium. Reinhardt pointed out Brixius told the Council we would have enough lead time to put one in place if a development came in and we have one before us and no time to put one in place. Williamson said that was predicated on the idea when we looked at Council— 1/3/06 8 . considering a PUD and adopt one as a general ordinance and apply it to an application. Petrik said we could discuss sample ordinances and the reviewing of the comprehensive plan is an opportunity to look at options. Seifert said he is surprised the developers for the Park Hill/Park Island property are asking approval when they do not own the property. Rockvam said he thought a PUD is a separate issue. Rockvam said such comments should be reserved for the moratorium workshops. Rockvam said as a Council we have more than accommodated residents to keep them informed of what is going on in the City. Reinhardt disagreed and said we could do more. Williamson said we set out to do the right thing but there is more that could be done. He said he is disturbed that we have more special meetings without much notice to the public. He added we have done a fairly honest job but could be more proactive. Upon roll call Hughes, Williamson Widmer and Rockvam voted no and Reinhardt voted yes. Motion declared failed. Rockvam referred to the P whereas and recommended striking "giving particular" and insert "limit to". Hughes said he would like to add appropriate language referring to the Comp Plan. Petrik said that would be included in updating Section 5, site plan review. Rockvam said his concern is in the past, moratoriums that are not specifically defined get side-tracked and our intent is to handle the six items on the list. Hughes pointed out • Brixius (NAC) said some of these items being discussed now would me more appropriately handled in the Comp Plan, and rather than limit the deficiencies to the zoning ordinance add the Comp Plan to the list. Rockvam asked if the Comp Plan requires 4/5ths vote of the Council. Williamson said state statute requires 2/3rds vote. Motion by Rockvam seconded by Hughes to approve the City Planner to add the Comp. Plan for consideration as a possible place for any of the items listed for review for the moratorium. Williamson clarified the list on the moratorium remains 6 items. Seifert stated the sense of the motion is one of the items may be more appropriately placed elsewhere i.e. the Comp. Plan. Upon roll call Hughes, Reinhardt, Williamson, Widmer and Rockvam voted aye. Motion declared carried. Upon roll call to approve the main motion as amended Hughes, Reinhardt, Williamson, Widmer and Rockvam voted aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission Minutes &Reports— 12/20/06 Rockvam asked if we had the car count report from Northern Avenue. Weeks said • we could get the entire log upon request. Williamson stated we should have one on Council— 1/3/06 9 file. Rockvam said we should schedule another car count for next November and compare the two. Hughes verified there were no charges to the City for the count. Mason said the count should be taken in July for a better comparison and traffic is heavier during the summer. Rockvam referred to the snow filling the access area to the lake on Sunset Drive. Goman said we haul it out as the pile gets higher. Rockvam verified we have hauled snow off of Spring Street and billing Lakeview Lofts. b) Council—Hughes, Reinhardt, Williamson, Widmer Hughes asked if we have had any communication from Hennepin County regarding the pre-emption devices. Goman said there has been no correspondence and he will follow up on this. Hughes asked if we received the breakdown of costs from the planner and engineer for the reviews for Bayview Apartments. Weeks pointed out it is in the Council packet. Rockvam asked Weeks to invoice the applicant. Reinhardt asked Goman if he has talked to the managers of the mini storage regarding plowing snow between the rocks. Goman said he would have the boulders moved. Rockvam said he is curious where the property line is and asked if the snow could be dumped over the rocks rather than rip up the grass with the plow. Williamson said he would keep reminding the Council about a Capital Improvement • Plan (CIP). He stated we had a Pending Project list and we should start with that and add to it. He suggested the staff brainstorm and anything that costs $10,000 or more to add to the list to give us a starting point. Weeks said a draft CIP would be on the agenda for the Council meeting on the 17t . Rockvam said to add a water tower and lift station to the list. Goman tried to clarify if this is in additional to what exists or upgrading what exists in the future. Williamson requested the latest fund balances. Weeks said one was distributed on December 19th and the next update will not be available until after the next Council meeting. Williamson clarified the request was for the fund balances, not investment balances. Rockvam said we should look at when to have joint meetings and special meetings before the Mayor and some Council and staff are gone in February. c) Engineer Adolf said Lift Station #6 was supposed to start up the second week in January. Goman said it is now scheduled for the week of January 16th. He gave an update of what would be done by the end of this week and stated we are past the major hurdles. Rockvam asked when the sheeting is going to be pulled out at the Mist Lofts site and was told it is not going be because of underground parking and the sheeting has to hold back the ground. Mason said the sheeting is down 40 feet in some places. Goman said he would like approval from the Council to relocate the water main at 4484 West Arm Road. • Council— 1/3/06 10 • Motion by Rockvam seconded by Reinhardt to approve relocating the water main at 4484 West Arm Road. All votes were aye. Motion declared carried. Rockvam asked Ronnkvist if our insurance company is working with them regarding the damage caused by the water main break on their property. Ronnkvist said they have come out and viewed the damage but have not sent them a response. Adolf said they will have a survey crew locate the water line, garage, and other items on the south side of the garage, write descriptions for the new easement and vacate the existing easement and then construct the water main in the new easement. Ronnkvist thanked Goman for his cooperative response to this incident. e) Administrator 1. Building & Sign Report Rockvam noted the name Beckman should be changed to Bickmann. 2. Channels 8 & 20 Schedules 3. Approval—Board of Review April 24, 2006, 7:30 p.m. Motion by Reinhardt seconded by Widmer to approve the Board of Review on April 24, 2006 at 7:30 p.m. All votes were aye. Motion declared carried. 4. Review of Bayview Condo Upgrades for NAC & Schoell &Madson Costs -Noted • 5. Miscellaneous—None 8. CLAIMS FOR PAYMENT Motion by Hughes seconded by Reinhardt to approve the claims for payment for January 3, 2006. All votes were aye. Motion declared carried. Widmer verified#14, Norling's,was going to be forwarded to Lakeview Lofts. 9. UNFINISHED BUSINESS Hughes suggested a stop sign placed by the hydrant at Lakeview Lofts and verified the City owned the property. He felt it was needed if a car is coming from Tonka Ventures property. Goman said there was an issue with the placement because of the site line. Hughes pointed out cars coming out of the garage would have trouble seeing traffic coming from that direction. Rockvam said it would break up the speed before entering the garage and it would save accidents with cars coming out of the garage. Goman said he could put in a temporary sign and wait until spring for a permanent one but he warned of problems with snow plowing with a temporary sign. Reinhardt requested a decision be made at the next meeting so she would have a change to look at the area. The Council agreed. 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Mist Lofts • 1. Status Report— 12/29/05 Council— 1/3/06 11 2. Letter from M. Mason Re: Proposal for Arborvitae, Etc. — 12/21/05 • b) Lakeview Lofts 1. Status Report— 12/29/05 2. HCRRA Re: Walkway Issue— 12/29/05 c) My D-zign Furniture Flyer d) 4484 West Arm Road Water Main Break 1. Head &Truhn—6/15/82 2. Schoell &Madson— 12/30/05 3. LMC Re: Acknowledgement of Claim— 12/20/05 e) Letter to On-Sale Liquor License Holders Re: Food Sales Percentage— 12/20/05 Widmer asked if we have received anything from the liquor license holders. Weeks reported Lord Fletcher's Restaurant sent their report. f) Henn. Co. Environ. Serv. Re: Storm Emergency Financial Assist. Policy— 12/20/05 g) Mtka. Beach Re: Contract Fire Service— 12/16/05 h) LMCC Re: Maple Plain Membership Approval— 12/27/05 11. MISCELLANEOUS —None 12. ADJOURNMENT Motion by Williamson seconded by Reinhardt to adjourn the meeting at 10:40 p.m. All votes were aye. Motion declared carried. • SHARON CORL DEPUTY CLERK ILLIAM D. WEEKS ADMINISTRATOR/CLERK/TREASURER • Council— 1/3/06 12