Loading...
3/6/2006 - City Council - Regular - Minutes CITY OF SPRING PARK RECEI 'ZI-D • SPRING PARK, MINNESOTA MAR 2 0 2006 COUNCIL MINUTES HEAD `°F' > MARCH 6,2006 & VANbL a ODE 7:30 P.M.—CITY HALL 1. CALL TO ORDER The meeting was called to order by Mayor Rockvam at 7:30 p.m. 2. ROLL CALL Hughes, Reinhardt, Williamson, Rockvam were present and Widmer was excused. Staff present: Administrator Weeks, Utility Superintendent Goman, and Deputy Clerk Corl and Office Assistant Farness. Others present: Nancy Beck, City Attorney; Ken Adolf, City Engineer; Planning Commissioners Maloney and Mason. 3. ADOPT AGENDA Motion by Williamson and seconded by Reinhardt to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES • a) Moratorium Workshop—January 30, 2006 Motion by Williamson and seconded by Hughes to approve the minutes for the Moratorium Workshop on January 30, 2006. All votes were aye. Motion declared carried. b) Council Meeting—February 21, 2006 Motion by Hughes and seconded by Reinhardt to approve the minutes for the Council Meeting February 21, 2006. All votes were aye. Motion declared carried. PUBLIC FORUM—No one present Mayor Rockvam introduced the Council and Staff to the viewing public. 5. PETITIONS, REQUESTS & APPLICATIONS a) Tom Scanlon, LMCD Scanlon reported on the boating trends from the LMCD report for 2004. He stated the LMCD has been doing this every four years since 1984. He said 66% of the boaters come from the 14 communities on the lake; the other two thirds come from the public accesses and most come from within 10 miles of the lake. He pointed out in 2004 there were lower numbers of launched boats because it • Council—3/6/05 1 • was a colder than average year. He added the trend is going towards a less busy lake and there would be another study in 2006. Scanlon also reported on the milfoil demo project. He said chemicals will be put in three bays to stop or slow down the milfoil growth; this would take place in early May; the three bays are the northeast end of Phelps Bay, north end of Carmens Bay and the east side of Grays Bay. Scanlon said it would not pose a problem for swimmers. He said the chemicals would be placed about 150 feet from shore; residents have been mailed information packets and they can do their shoreline in conjunction with this at their own expense. He stated the LMCD has partnered with the LMLOA regarding raising funds to help pay for this. He said this procedure is a step towards being more proactive. Scanlon said the test project was approved by the board. Rockvam pointed out the targeted areas are where there are heavy concentrations of milfoil. Scanlon said the chemical has been approved by the appropriate agencies and goes specifically after milfoil. Scanlon further reported the LMCD is creating a spring newsletter and hope to do one twice a year; the person that requested ten dock spaces has not come back to the board with his request. Williamson asked if they are encouraging individual home owners to do milfoil in front of their property is there any cooperative purchasing program to offer a reduced rate to encourage them to participate. Scanlon said they accepted the bid from the company that offered the best price and that price is not being offered to individual home owners. Rockvam pointed . out 2, 4-d can be purchased at a hardware store. Rockvam verified the spraying dates and asked how long before results would be seen and this was not known but hopefully within the same season. Williamson noted this is a pilot program and asked if it is the expectation to extend the project to future seasons if successful. Scanlon said it was and pointed out the bid approved was for $14,098.48. He added if the project is extended the LMLOA will assist with funds and additional funding may be sought. Mason asked how the chemicals compare to cutting milfoil in those areas. Scanlon said he cannot recall the exact fees for cutting and noted high growth areas are cut twice a year. Rockvam said the idea is to kill the plant and cutting does not kill the plant. He pointed out some fishing groups are not happy with the project because more fish are found in the dense milfoil. Scanlon noted the majority of boats coming to the lake via the accesses were fisherman but the trend has turned and now the accesses are used more for recreation boats. Scanlon said the LMCD Board is charting member's expectations and serving as ambassadors for the LMCD and understand they need to communicate more effectively with residents. Hughes referred to the water quality report card in the council packet and noted that overall the lake quality is going down. Scanlon pointed out the bays with problems stay that way and run off affects the water • Council—3/6/05 2 • quality. He stated the LMCD has passed an ordinance to eliminate phosphorous to help with the pollution in the lake. Rockvam pointed out 15-20 years ago you could not see 10 feet down in the lake and now you can do that until the first part of June and that time frame becomes longer every year. He said it is hard to understand the grading system. Williamson stated they are measuring chemical content versus visual clarity and take the samples at various levels. He added there is a lot of concern with disturbing the bottom of the lake and stirring up contaminants. Scanlon pointed out Zebra mussels filter the water and clarify it but they pose a lot of other problems. Rockvam pointed out the summer in 2004 was rainy and cold and 2003 would have been a better base for the study. He inquired about the two mile lights for the buoys. Scanlon said it has not yet been discussed. Rockvam said the visibility is so much better with the 2-mile lights versus the 1-mile ones. b) Construction Update—Mist Lofts Brad Ridgeway, Project Manager for J E Dunn and Heidi Kurtze, Cornerstone, were present for the discussion. Ridgeway said the brick and stucco is on the east and north elevations of the north building and they will finish the rest of the building in May. Roofing detail work has started; interior metal framing • continues on levels three thru five; drywall began on level two; three sales models in the north building will be completed by March 15`h; elevator contractor will be finished in June. Ridgeway said the exterior walls are near completion in the south building; level 1 storefront will be done in late March; brick and stucco work is underway. He said Xcel has activated the transformers for the south building; landscape and hardscape will commence in late spring; electrical panel for the new lift station will be done by mid April. Hughes asked if JE Dunn was paying attention to the storm drain filters, etc. Ridgeway said they are hard to manage during wet conditions. Hughes noted the filters at Sunset and Shoreline are pushed back against the curb. Ridgeway said maybe they need attention and he will take a look at them. He said the MC WD did inspect them. Williamson stated they only come when there is a complaint and they came out and requested items to be done. Hughes asked if the street sweeping is being monitored. Ridgeway said it was done the week before last. Goman stated it was done last Thursday and also at the end of each day if weather permits, and they will be sweeping every day as the weather gets warmer. Rockvam confirmed the street sweeping is done for the entire property. Kurtze stated there will be a grand opening March 25`h with an open house. She said the models will not be able to be occupied and they will continue to operate • out of sales office and also the models. Kurtze said there is no update on the Council—3/6/05 3 • memo from Schoell and Madson regarding the water main relocation dispute and there has been one follow up conversation and that raised additional questions; JE Dunn is going to prepare a response; she is working on an agreement with Mason (property owner on the east property line of the project) regarding the landscaping issue. She said he sent a counter proposal last week and that has to be reviewed. Reinhardt asked if there was any more interest in the retail space. Kurtze said they have one signed letter of intent. It was noted there was interest for an upscale wine shop. Rockvam verified this was just for off-sale only. . c) Alternate Site Lighting Plan Jeff Schoeneck and Greg Lecker were present. Rockvam verified there were going to be 14 foot light poles in the parking area and 20 foot light poles on the street. Schoeneck said the previous discussion was on the consistency of lights on Del Otero and thru out the project. He said there was a proposal to have two 20 foot light poles on Shoreline Drive. Rockvam said the Council was waiting for the lights to be installed on Spring Street and Sunset Drive. Goman said the 20 foot light poles are approximately 17 feet to the bulb. His concern is the lights would hang to low creating the possibility they could get hit by a semi truck higher than 13'6". Rockvam verified they hang over sidewalk. Lecker said the plan will have a residential appearance in the courtyard area and a commercial appearance in the rest of the area. He said the lighting will all be the • same color and same wattage; the lights will be a white light and the average light surface is a 1-foot candle. Lecker said they do not want to over power the retail frontage area and the arm of the light is within the sidewalk area. He stated the 14-foot pole aesthetically sends the right message and there would not be any banners in the residential area. Goman clarified flags and banner brackets would be located only on City owned 20 foot light poles. The measurements of the poles were briefly discussed. Lecker said a one foot candle is the average inside the parking areas and .3 foot candle tends to be dark. Rockvam pointed out the lights in the private parking area will serve for parking and residential area for the north building. Adolf noted the level of lighting on Spring Street was stated in a letter from Schoell & Madson on 10/13/05 and the average illumination on Spring Street was 2.4 candles. He added at that time the candle power on Shoreline Drive was 1.12 and 2.12 candles on Sunset Drive. Rockvam said it would be nice if we knew what lighting we have now so we know what does what. Lecker said he would be happy to measure the current candle power of the standing lights and report back to the Council. The Council confirmed the following: the wattage of the Mist Lofts would be the same as Spring Street; their interest is where a dark spot may occur; the 14 foot poles would be inside Del Otero and the 20 foot poles would be on Shoreline and • Sunset Drives. Lecker pointed out there would be tree lighting and lighting Council—3/6/05 4 around retail areas. Hughes asked the approximate elevation drop at Sunset to halfway in the project towards the east. Schoeneck said the drop is five or six feet and at Bayview Place the elevation drops another 15 feet. Weeks verified the lights would be double headed in the center. Hughes asked Goman if he was okay with the lighting plan. Goman said his concern is it is deviating from our standard and uniform height with other poles. It was noted this is dealing with only three poles on the south side of Del Otero. Rockvam said the Council is concerned with the height and the amount of light the fixtures put out. Lecker stated the lighting area is the same with 20 foot as the 14 foot poles and the areas where the 14 foot poles are not in an area where light is needed as much as the roadway area. Rockvam asked what alternative lighting is going to be used in the areas with the 14 foot poles. Lecker said there would be landscape lighting and accent lighting from the ground up to the trees. Rockvam asked the height of the decks on Shoreline Drive and the affect of the light in front of decks. He was told the existing lights are at the top of the third level. Lecker pointed out the light is cut off at the top of the lights and the perception is the light is brighter at the top. Hughes asked if shields are being placed on the lights with double heads. Lecker said if that was done they would be shielding the backlighting and that is usable light. Hughes asked the direction the lights are aimed and was told straight down. • The Council briefly discussed the lighting, the fixtures and light distribution. Lecker said type two light distribution is more elongated for street lighting and type three distribution is more circular in spreading the light. Reinhardt said she does not like to see lighting below a .3 foot candle and asked if anything in that area is below that candle power. Schoeneck pointed out those areas will have added lights from the retail spaces. Rockvam noted how crime goes down when a parking area is lit. He said he would like to know how much light is going to be there when they are trying to create an aesthetic affect. Reinhardt asked which light fixtures Cornerstone are going to pay for. It was noted there are two light poles in question. Reinhardt asked if the cost of the two lights could be paid for with the money they are saving with the 14 foot light poles. Kurtze said there wasn't necessarily a large saving with the 14 foot poles. Rockvam said the Council would like to fully understand the light distribution before they make a decision. Schoeneck noted Cornerstone would be inclined to make the area safer for their buyers. The Council will meet Lecker March 71h at 8:00 p.m. at the corner of Sunset Drive and Spring Street so Lecker can measure the candle power that is currently in that area. • d) Predevelopment Agreement, Providence on Lk Mtka(Beck Memo 3/3/06) Council—3/6/05 5 • Rockvam asked the status of the signing of the agreement by the developer. Beck said she spoke with a rep from K. Hovnanian regarding the changes on three pages. She was told they have an agreement with Mike Gorra, the current owner of the apartments, and want that agreement signed first and then they will sign the predevelopment agreement with the City. Beck requested a motion to approve the changes. Motion by Williamson seconded by Hughes to approve the changes in the Predevelopment Agreement as outlined in the memo from Head, Seifert & Vander Weide (Beck) dated 3/3/06. All votes were aye. Motion declared carried. Hughes asked if the City would have to obtain a different check and was told no. e) Drainage Complaint, 3926 Del Otero Rockvam said he physically looked at the drain coming out of 3918 Del Otero. He said they have set their discharge pipe out of the side of their townhouse and put a hose on it to run out on Del Otero. He pointed out they could put an elbow on the pipe coming out of the basement or get a longer piece of hose. He added it sounds like it is an ongoing problem all year and they may have a spring underneath with a low spot in that area that is not going to go away. • Goman said the problem could be 90% eliminated by putting an extension on the pipe. Hughes recommended sending the property owner a registered letter. He asked if we had an ordinance regarding this and was told we do. Reinhart asked the enforcement mechanism. Goman said we could start with a letter. Rockvam said to send it registered and copy the neighbor at 3926 Del Otero and if that does not solve the problem a citation can be issued. Maloney asked if the grading and the spring have been looked at. Goman said the grading has not changed since the home was built. Maloney pointed out a buried drain tile might easily solve the problem. f) Miscellaneous—None 6. ORDINANCES & RESOLUTIONS -None 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor Rockvam noted Wells Fargo is closing their Spring Park branch April 151h. In another matter he noted the lights on Spring Street on the west side of the north south portion shine to the south and not where the cars are parking. Goman said he would communicate this to Weis Builders. Rockvam said if the predevelopment agreement is not signed by the public hearing on Wednesday night maybe we should not hold the public hearing. He • said it should have been done by now. He also spoke with the owner and he Council—3/6/05 6 • thought the deal would commence. Rockvam pointed out the City is still spending money with our planner, attorney, and engineer for the development. Williamson noted the amount on the claims for such services and said it seems reasonable to expect documents will be signed and the check can be deposited and we have the escrow money. He suggested, if the escrow is not in place, the public hearing be continued and asked for the attorney's opinion. Beck said she has conveyed this to K. Hovnanian and if the agreement is not signed the public hearing may be continued or the request denied. She added she is trying to finesse this with the developer because the Council has to act within the extended 60 day rule. Rockvam asked the status of that date. Beck said it is built into the proposed schedule and the public hearing could be continued until the April Planning Commission meeting. Williamson pointed out we have to be firm and up front with the developer and it is important to establish that we have expectations, standards and time limits. Hughes verified the requests the Planning Commission is reviewing are the preliminary plat and the site plan for the project. Rockvam pointed out if the hearing is continued another month, it lessens our time to review the reports. Beck said she would follow up on this tomorrow. Williamson recommended leaving the public hearing as scheduled. Reinhart agreed and said the Planning Commission could hold over their recommendation if the agreement is not signed. • Williamson announced a staff person from the LMCC would be present to tape the Planning Commission meeting and it will be aired on Channel 12. Reinhart asked if the Planning Commissioners were asked if they wanted their meeting taped and was told no. She said they should be asked how they feel about any future taping of their meetings. Rockvam said we should get as much information to the public as possible and this is one more way. b) Council—Hughes,Reinhardt, Williamson, Widmer Hughes said he met with Keith Johnson with Mtka sound regarding upgrading our sound system. He said a resident also mentioned he had ideas for upgrading the sound system. Hughes said process is going forward. Williamson said the owner of the Park Hill/Island apartments send a memo 2/25/06 informing residents of his buildings that all plans for reconstruction were off and no plans were in the foreseeable future. Williamson said it should be re- communicate to residents to keep them informed that circumstances have changed. Rockvam agreed and stated this shows how complicated these circumstances can be and the residents become a pawn and this is unfortunate. Williamson expressed his concern with a conflict of interest with City staff representing applicants and the City at the same time and receiving compensation from both. He requested Beck draft a policy on the matter. Hughes stated if staff is comfortable keeping the applicant on the payroll, approvals would have to go to a third engineering firm for an independent review and K. Hovnanian would have Council—3/6/05 7 to pay the charges. Rockvam asked what to do about the planner and Hughes said the same would apply. Weeks pointed out in this case it just involves Schoell and Madson. Williamson said using the same engineer creates the potential of a conflict of interest. Adolf stated he understands the concern. He said before he got involved with K. Hovnanian he spoke with the Administrator and the Mayor and asked if this was going to be an issue. He reviewed Schoell & Madson's involvement and said it is a relatively narrow scope and the engineering work consists of utilities and working with Goman on issues; another area is drainage and that requires MCWD permits and the project is reviewed in detail by the MCWD. Other work done is landscape architecture and wetlands and the wetlands are also reviewed by the MCWD. Adolf pointed out the majority of the work has received overview by another party. Williamson pointed out the predevelopment agreement calls for approval by the City engineer and that is like "playing referee and playing on the team". He said he spoke with other cities and they would never allow this situation. Rockvam said this is the first time this has come before the Council. To understand what Williamson is saying he asked if at this particular point into the project, is Schoell & Madson supposed to sever their relationship with K. Hovnanian and they cannot do work on behalf of the developer. Maloney said it should not be a problem to go to a third party. Rockvam pointed out if we go to a third party it • puts a burden on the developer and in the meantime should Schoell and Madson notify the developer they are severing the relationship. Reinhardt said the Council should wait for Beck's review and in the meantime express our concerns with K. Hovnanian. Rockvam verified the City attorney and planner is not doing any work on behalf of the developer. Adolf said he would make arrangements with staff and the developer. Williamson asked the status of the Planning Commission opening. Weeks said the candidates would be at the next Council meeting to be interviewed. Rockvam said we should allow two hours for six candidates. Reinhardt stated that process should be taken out of the regular meeting. Rockvam asked if applications are still being accepted and Weeks said they were. It was recommended to keep the interviews to five to ten minutes. Mason suggested questions given to applicants in advance. Motion by Williamson and seconded by Hughes to start the Council meeting at 7:00 p.m. on March 20`h. In discussion Reinhardt was in favor of meeting early but not call it part of the regular Council meeting. There were three aye votes and one no vote (Reinhardt). Motion declared • carried. Council—3/6/05 8 • c) Engineer 1. Schoell & Madson Re: Pay Request#6 Lift station#6—2/24/06 2. Lift Station#6 Costs Summary Adolf said the request was for $118,276.57. He said approximately $25,000 is being retained until completion. Rockvam asked how much is left for landscaping and was told about $15,000. Adolf added the amount left does not yet include changes. He clarified the bid versus the engineering and miscellaneous costs. Rockvam asked the status of the disputed changes. Adolf said he met with their attorney and the soil boring company to discuss the soil conditions and he is waiting for a response from the contractor. Rockvam verified the total change orders are estimated to be about $200,000. Rockvam asked the next step if the Council does not approve the findings. Adolf said arbitration would be the next step. In another matter Rockvam said he would like Council to consider a brick veneer on the lift station. d) Utility Superintendent Goman asked if a motion was in order to proceed forward to change the exterior of Lift Station #6. Williamson said maybe other ideas from residents, etc. should be sought and landscaping will ultimately change the appearance. Goman said he still has the original design that went thru the bid process. • He reported he has started the process for installing the soft start um motor p g pump starters in the lift station and hopefully that corrects 90% of the issues with the start up. Goman further reported the weight restrictions are going into effect on March 81h until the middle of May with the exception for the smaller garbage hauling trucks and recycling trucks that are exempt. e) Administrator 1. Channels 8 & 20 Schedules -Noted 2. Building Report—February Reinhardt asked who the new tenant is in the Tonka Ventures building. Hughes referred to the permit for the entrance door at the car wash and does not understand why the bait shop did not a need permit. Rockvam asked if the car wash is making provisions for outdoor storage. Weeks said we have received a parking plan. Rockvam said there is concern for screening provisions for an accumulation of cars, etc. Reinhardt said the ordinance should speak to something. Rockvam said the City has a policy that any remodeling permit would require a landscaping plan. Mason said the new owner indicated some landscaping was damaged by the contractor with his trucks that were working on the lift station. Maloney noted there is a large • Council—3/6/05 9 • semi trailer type storage unit stored on the side of the building and it does not look temporary. Williamson said he cannot have that on the property. 3. Sign Report—February -Noted 4. End of January 06 Financial Reports (Cash & Investment Summary, Fund Balances YTD, Expenditure YTD) Rockvam said he has been asking for a column that shows an average interest for Wells Fargo and Prime Security and our investments. Weeks said this would be done. 5. Water Fund Revenue & Rates Follow Up Weeks said a meeting is scheduled for this with the accountant on March 14th at 11:30 to 1:00 at City Hall with lunch. Motion by Reinhardt and seconded by Williamson to approve the meeting with the accountant on March 14, 2006 from 11:30 to 1:00 at City Hall. All votes were aye. Motion declared carried. 6. Moratorium Workshop 3/27/06 7:00 p.m. 2 Hr. Limit Weeks said this is a reminder and a letter was sent to the Council. 7. Miscellaneous -None 8. CLAIMS FOR PAYMENT The Council discussed the high amounts and this list of claims covers one and a half • months. Hughes asked for a clarification of the salt/sand for the City of Orono and Concept Landscaping. Goman said it is purchased from the City of Orono and used by Concept Landscaping for City streets. Motion by Reinhardt and seconded by Hughes to approve the claims for payment including the supplement for March 6, 2006. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS —None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) AMM Re: Constitutional Dedication of Motor Vehicle Sales Tax—2/10/06 Williamson reviewed the letter regarding the dedication of the existing motor vehicle sales tax fund and recommended the Council pass the suggested resolution supporting their proposal. Motion by Rockvam and seconded to approve the suggested resolution supporting the constitutional amendment for motor vehicle sales tax dedication to transportation. All votes were aye. Motion declared carried. b) Met Council Re: Projected Affordable Housing Share—2/17/06 • Council—3/6/05 10 • Rockvam asked if this is a recommendation. Weeks said they are forecasting for all the cities and our City's forecasted amount of affordable housing for 2011 to 2020 is an addition of 31 units. He referred the Council to the Met Council's website that explains how this system is developed. c) Three Rivers Park District Re: Regional Trail Master Plan—2/21/06 Williamson noted the word "trailheads"was referred to in the memo. Weeks said the final vote would be on 4/6/06. d) Notice of Public Meeting March 8, 2006 (Mailed 3/1/06) Rockvam noted this was the same night as the public hearing held by the Planning Commission. Weeks said Brimeyer can come in Monday March 131h some time before noon. Motion by Hughes and seconded by Williamson to approve a Council meeting on March 3, 2006, at 9:30 a.m. with Jim Brimeyer, from the Brimeyer Group, regarding the candidates for the Administrator position. All votes were aye. Motion declared carried. e) LMCD Re: 2006 Milfoil Demo Project—2/27/06 f) Head, Seifert & Vander Weide Re: Lakeview Lofts Status Report—3/3/06 g) Head, Seifert& Vander Weide Re: Mist Lofts Status Report—3/3/06 h) Head, Seifert& Vander Weide Re: Providence on Lk. Mtka. —3/3/06 i) MCWD Water Quality Report Cards—3/2/06 j) AMM News—2/28/06 • k) Letter to Henn. Co. Sheriff Re: Painting Water Patrol Bldg. — 3/3/06 1) LMCD Re: 2004 Lk Mtka Boating Survey Reports m)Olkon& Olkon Re: Merla Neuman, 4405 Lafayette, Dock Issue—3/2/06 Reinhardt asked Beck if she had any comments on this. Beck said she has not responded to it yet. n) Head, Seifert& Vander Weide Re: All Stars Liquor License Compliance—3/2/06 o) Fire & Rescue Calls February 2006 p) City of Crystal Re: Meeting of Older Suburbs—3/1/06 11. MISCELLANEOUS -None 12. ADJOURNMENT Motion by Reinhardt and seconded by Williamson to adjourn the meeting at 10:04 p.m. All votes were aye. Motion dec red carried. W IAM D. EKS SHARON CORL ADMINISTRATOR/CLERK/TREASURER DEPUTY CLERK • Council—3/6/05 11