Loading...
10/2/2006 - City Council - Regular - MinutesCITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES COUNCIL MEETING OCTOBER 2, 2006 7:30 P.M. — CITY HALL 1. CALL TO ORDER Mayor Rockvam called the meeting to order at 7:30 p.m. 2. ROLL CALL Hughes, Reinhardt, Williamson, Widmer and Rockvam were present. Staff present: Administrator Friesen, Utility Superintendent Goman, Deputy Clerk Corl. Others present: Attorney's Nancy Beck and Tom Seifert, Engineer Ken Adolf, Planning Commissioner Mason. 3. ADOPT AGENDA Motion by Williamson and seconded by Widmer to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES a) Council Meeting Minutes September 18, 2006 Motion by Hughes and seconded by Reinhardt to approve the minutes for September 18, 2006 on the Council table that replaced the minutes in the packets. 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) Construction Update Lakeview Lofts 1. Lakeview Lofts Landscaping 2. Lakeview Lofts Punch List Rockvam referred to the hay bales (# 16) and noted this item was transferred to J E Dunn because they are still using the area. Rockvam requested the bales changed before winter. Goman said they would be done with them before winter. Rockvam pointed out the orange sack is hanging down into the drain on West Arm Drive. Goman said he would check on this. Reinhardt suggested the cost of the irrigation meter should be taken out of the escrow fund. Goman said the City should receive payment for that Tuesday. He added that meter is used for the green space on Spring Street. Rockvam asked if the planters have been ordered yet. Goman said he did not know. Williamson pointed out they were supposed to be done about three weeks ago. Rockvam Council Meeting — 10/2/06 1 said he is concerned with the time spent by Goman to follow up on these items getting done. Goman pointed out Frostad said a lot of these items have been corrected. Hughes referred to the address numbers in a contrasting color (# 15) and said they have been painted on the front surface of the glass but not on the lettering. Reinhardt asked Seifert about the issue with Frostad in arbitration. Seifert said he is expecting the arbitrator to make a decision. Rockvam said if the planters have not been ordered the City should order them and take the cost out of the escrow account. Goman will check on this. b) Construction Update Mist Present: Brad Ridgeway, J E Dunn, Colleen Carey and Patty St, Pierre, Cornerstone Group. 1. Bid for Del Otero Parking Lot 2. Mist Punch List 3. Temporary Occupancy Certificates Ridgeway reported the south building is finished; several units in the north building are being finished and the commons area would be completed in a couple of weeks. He stated they are: working on the City punch list; had inspections by the fire, building and elevator inspectors and there are just a few items left to do. Ridgeway said the most important issue is to get occupancy for the upcoming units scheduled for closing. He added they would like a conditional Certificate of Occupancy (CO) for the south building commons and three units. Ridgeway noted the four items on fire inspectors list that remain to be completed. Rockvam noted the City punch list contains 60 some items and does not include street lighting and sidewalks. Goman said 12 of those items have been completed and some of the other items have to be inspected again. Rockvam asked the status of the overlay on Bayview Place and Goman said it has to be done. Rockvam said the best approach to the list would be if Goman, the developer, engineer and attorney get together and review the list because we want to see as many of these issues taken care of before occupancy. Goman said there is nothing from a utility standpoint that would hinder a CO. Rockvam said there is a range of issues that we should get resolved i.e. the curb and gutter behind 4032 Shoreline Drive (Storlie's building), the damage done on Sunset Drive during the staging area, etc. Carey noted they have units that are closing for occupying on 10/13 and they need a conditional CO that would allow this. She stated at some point they would clean up the punch list. Rockvam said this is the first time the Council has been made aware of the closing and the City would work with them as best as they could. He said it would be more efficient if they work with this on a staff level and then come to the Council. Carey said they want to make sure they are doing it right. Ridgeway said they do not have the Mist public improvement plans in their possession. Adolf referred to a preconstruction meeting held at City Hall when the project started. He recalled there were three separate sets of plans for the Mist development; one was for private improvements, there were separate plans for lift station 43, and a set of plans was for the Mist public improvements that included Del Otero, water main construction, etc. and those plans have been around since the project started. Goman said he has seen the plans in J E Dunn's construction trailer. Ridgeway said they were never forwarded to Council Meeting—10/2/06 2 Cornerstone. Carey said they were led to believe they did not know what the plans were and noted this issue is between J E Dunn and Cornerstone and does not include the City. Carey said they are at the construction stage where occupancy takes place and they do not normally go to City Councils for a CO. Rockvam stated occupancy depends on the affect to occupants of what is not done on the building. Hughes said one issue is the addresses are not located on the building(s). Adolf stated the final plat has not come back to the City. Friesen said we are waiting to get it signed and are checking on what needs to be done and the City should be prepared to sign it. Rockvam asked if the attorney is reviewing it. Beck pointed out the Planner should review it. Goman said the punch list issue tonight is just on the utilities, water, sewer, street lighting and colors. St. Pierre pointed out there are three punch lists: fire, building and civil and the building and fire have to be complete for occupancy. She added they need PID numbers. Goman again stated there is nothing on the utility list that is an issue to hold up a conditional CO. Rockvam pointed out the overlay on Del Otero and the curb should be on the list for occupancy. St. Pierre said they do not need that done for the first closing on the 13th and the work will be done. Rockvam said there are certain items we want to see done. St. Pierre requested a list from staff of things to be done. Seifert said one issue to be resolved is the overlay on Del Otero to Bayview Place, curbing on Del Otero and fixing the staging damage on Sunset Drive. St. Pierre asked the cost of the overlay on Del Otero and to repair Sunset Drive. Ridgeway said those damages have not been identified yet. Adolf said a letter regarding this is going out tomorrow and a draft went out for review. Ridgeway asked if the road was going to be redone how could J E Dunn be responsible for damage. Rockvam said the damage occurred at the staging area. Ridgeway stated the county dug up the entire area in June and he disputed the damaged area. Williamson explained the City was not going to do that area until the projects came along and for continuity in the work the City chose to have it all done at once. He said damage was done and Hennepin County attested to this damage. St. Pierre requested the letter faxed to Cornerstone that was received from Hennepin County. Carey suggested they receive a conditional CO and they will get a list of what the issues are and get the details worked out. She stated there may be issues to discuss. Carey said there are six units closing in October. Hughes asked how many units are in the south building and was told 12. Carey said they want to close on 50% of that building; some closings are in the south building and some are in the north building. Williamson asked when they knew they were closing in October and if the time is so critical why were they not before the Council earlier. Ridgeway said they have never had to come to Councils for CO's. Carey said the building and fire inspectors have been the individuals that issue CO's, not city councils. Friesen pointed out the Council may be `gun shy' because of a previous development where issues are not getting resolved. The Council discussed at length what should be completed before occupancy and who approves what. Rockvam said the exterior of the building should be completed and the developer should work with Council Meeting—10/2/06 3 the City Attorney and Engineer on this. Ridgeway said they are going to meet with the fire inspector on the north building. Motion by Hughes and seconded by Williamson to table approval of certificates of occupancy until the next meeting October 16th. In discussion Beck recommended the developer work with staff and the Council rely on staff to make sure issues are done for the three closings on October 13th. Hughes said if they provide to the City in writing the closers have to move in on the day they close. Beck explained a buyer and seller have an agreement to close on a certain date and that is standard procedure. Rockvam stated things should be finished when people move in i.e. things like catch basins and manholes sticking up, etc. He agreed the punch list should be worked out with staff. St. Pierre verified the Council wants everything done on the exterior before anyone can move in. Carey stated this is completely different from any of their other projects in that the City Council approves the CO. She said she is totally stunned by this. Rockvam said he did not think it was unreasonable to ask that the streets, etc. be finished. Seifert explained there is no such thing as a conditional CO. St. Pierre asked who the Zoning Administrator is and was told it is Friesen. Carey said they will work with Friesen and felt the Council was being unnecessarily harsh with them. Rockvam stated the Council should have a closed meeting with the attorney on this before they make a decision. St. Pierre said the Council directed them to work with building inspectors, etc. and have given them direction to which they have to obtain approval (fire, building and elevator inspectors). She continued something is wrong that now they cannot get a CO because the Council will not approve it. St. Pierre said never in any conversation did the Council say they had to get the Zoning Administrator's approval and many emails have been sent back and forth. She stated a delay in this is going to cost them thousands of dollars and the problem tonight is someone is saying, `sorry no CO'. Williamson pointed out Carey had sent a letter promising to keep us informed and she has not done this. Seifert said he has not received any emails St. Pierre is talking about. Friesen stated she has been discussing this with Lyle Oman, the Building Official, but this has been a gray area. She said she knew the Council would need details but she did not have an exact closing date. Hughes asked when the first time anyone heard of the closing date of October 13th. Ridgeway said he sent an email to Oman last week that they need CO's Hughes asked when the City was officially notified. Carey said they have never given that information to city councils, only to building officials. Reinhardt noted that Heidi Kurtze, with Cornerstone, was clear during a City tour of the site that some units were closing in October. Rockvam said he looks at unfinished exterior items as unsafe issues and he wants these things completed. Carey stated they would correct those issues. Beck stated she supports Rockvam's idea to discuss this for ten minutes in a closed meeting with the attorneys to discuss legal issues. Council Meeting—10/2/06 4 Motion by Reinhardt and seconded by Widmer to adjourn at this time (8:30 p.m.) to a closed meeting with the attorneys due to the threat of litigation from Cornerstone Group based on discussion during the meeting. All votes were aye. Motion declared carried. The Council resumed their regular meeting at 9:00 p.m. Hughes withdrew his previous motion still on the table and Williamson agreed. Motion by Hughes and seconded by Williamson to authorize the issuance of certificates of occupancy for three (3) condominium units in the Mist Lofts south building that are scheduled to close on October 13, 2006 and the issuance of a conditional certificate of occupancy for the common area of the Mist Lofts south building subject to the following conditions: 1. Completion of all life safety requirements for the three units and the common area; completion to be verified by final inspection and written approval of the same by the City Fire Inspector (Dean Mau); and 2. Completion of all building code requirements for the three units and the common area; completion to be verified by final inspection and written approval of the same by the City Building Inspector (Lyle Oman); and 3. Completion of final paving of Del Otero Avenue through Sunset Drive (including striping); and 4. Completion of final curb on Del Otero Avenue; and 5. Agreement between the developer and the City regarding determination of the developer's share of the costs for paving of the parking area located off of Del Otero Avenue behind Ted Storlie's property; and completion of paving and striping of that parking area (weather permitting); and 6. Agreement between the developer and the City regarding payment by the developer for the repair and repaving of Sunset Drive for both (a) that portion of Sunset Drive along the border of the developer's property and (b) that portion of Sunset Drive along the border of the Hennepin County Regional Railroad property damaged by use of the property as a construction staging area; and 7. The developer will work with the City staff, engineer and attorneys to prepare a plan for the completion of all remaining punch list items, including, but not limited to, completion of project landscaping, which plan will be presented to the Council by the developer at the October 16, 2006 Council meeting. Motion passed by unanimous vote. In discussion Hughes verified the final coat would go on Del Otero. Rockvam verified the asphalt would go behind Storlie's property. Ridgeway said they do not contractually have to do anything behind Storlie's property because they are public improvements. St. Pierre asked if they had to pay for it to get their CO. Seifert said no, they have to get it done. Rockvam said they have to agree to participate with part of it, the City part of it and Storlie part of it. Carey asked who they talk to about the cost of their portion. Goman said Storlie has agreed to pay for a portion but will have to agree to a new proposal. Council Meeting—10/2/06 5 Reinhardt said we should not hold up the CO's for three units for these questions. Goman pointed out the paving has to be done in the next two weeks because of the end of the construction season. Cornerstone said they would agree to pay one third of the cost. Williamson verified they are approving three CO's with the issues outline by Seifert and they would have a 30 day punch list for the next regular Council meeting. Hughes pointed out there would be occupancy in the north building that was not included in this discussion. Ridgeway will review the punch list by the next meeting. All votes were aye. Motion declared carried. c) Minor Subdivision — 2463 & 2471 Black Lake Road — Sue Baker Rockvam asked the procedure for this. Friesen said it is sent to the City Planner. Rockvam said the City Attorney should be included in the procedure. Friesen said the planner has the authority to do that. She pointed out the resolution pertaining to this. Baker was present. She pointed out she is adjusting the lot line between the two properties to make 2471 more conforming. Williamson asked which property Baker owns and was told she owns both of them and 2471 is not occupied. Williamson verified Baker is contemplating demolishing the structure on 2471 with the intention not to retain any part of the structure. He pointed the change in the property line is creating a sizable non conformance with the structures currently on the property. He added he would be in favor of granting this with the condition Baker present plans. Rockvam verified the plan is to build a new structure on the south lot that would not need any variances. Seifert asked if there was a survey and was told there was. He advised Baker to make sure the survey is correct. Rockvam told Baker she should be aware of the fact that the Council is not going to approve any variances. Reinhart pointed out the property owner has a right to apply for a variance. Seifert wanted Baker to understand she is creating a hardship and that is not reason for a variance. Williamson asked how soon Baker is going to demolish the structure. Baker said as soon as she receives approval for her request and the next step. Rockvam pointed out Williamsons concern is the creation of a non conforming existing structure. He asked how to rescind the action if the Council approved it. He added we are in agreement with the subdivision and asked if the subdivision should be approved with the new development. Reinhardt asked if it was possible to add a condition that this must take place by a certain date. Rockvam asked what happens if an approval was given tonight and the work does not get done. Williamson asked if there is a provision to rescind this. Seifert stated if the Council approves it, it then goes to Hennepin County and they make the changes to the titles. Williamson said we could approve with a contingency. Seifert referred to Brixius' recommendation allowing the lot line adjustment subject to requirements or conditions. Rockvam said a concept of the entire development would make this easier to approve. He informed Baker she needed a majority of the vote. Beck stated the last issue on Black Lake Road the Council gave a vote of confidence to the property owner. Williamson said he is willing to approve this if it would not take affect until a future date when the application for the permit is made. Council Meeting—10/2/06 6 Motion by Williamson to approve the application for Sandra Sue Baker regarding the subdivision for 2463 and 2471 Black Lake Road effective October 161n. Hughes disagreed and said he would approve this application pending approval of an acceptable floor plan. Motion by Williamson and seconded by Hughes to approve the minor subdivision. Friesen said there are conditions in the resolution. Rockvam stated there is a problem if this is rescinded and we should have legal wording. Williamson pointed out the resolution does not approve building plans. He withdrew his motion and made the following motion. Motion by Williamson and seconded by Hughes to approve Resolution 06-29, approving modified lot line of parcel "A" and "B" of Skarp & Lindquist's Rose Hill addition, 2463 and 2471 Black Lake Road. All votes were aye. Motion declared carried. 6. ORDINANCES & RESOLUTIONS —None 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Police Commission Meeting & Reports — September 26, 2006 Williamson pointed out if someone calls 911 on a cell phone, the calls goes to the State Patrol. Rockvam said an invitation to the Appreciation Dinner was overlooked for Tom Scanlon and he recommended we send him a gift certificate for dinner. Motion by Rockvam and seconded by Hughes to send a gift certificate to Tom Scanlon for two for dinner. All votes were aye. Motion declared carried. Rockvam asked the status of the City Hall driveway. Goman said it probably would be done next spring because of the ending of the construction season. In another matter Rockvam asked the status of the landscaping requested of the Spur Station when they changed over to BP. Friesen said the person that it was requested of did not own the property and it was the property owner that should do it. Rockvam said staff should have followed up on this to see that landscaping was done or at least contact them to see what is going on. In still another matter Rockvam said we never had a meeting regarding the escrow accounts and staff over time spent on the developments. Beck explained unless actual overtime is spent on a project it is not legal to charge the project for regular time spent on the project. Williamson asked Goman if he has worked overtime in the last three months and was told yes. He asked if the developments caused him to stay later for projects. Goman said he starts one hour earlier per week for construction meetings. Beck said this is being reviewed and would be charged back to the Mist. She added we cannot bill them for an overtime element. Goman said items arose that did not warrant a reason to stay Council Meeting — 10/2/06 7 and work overtime but to work on it another day. The Council briefly discussed Goman's overtime and what the time was spent on. Rockvam noted the lawn work is contracted because Goman does not have time to do it. Goman said put aside the developments we still need a part time person. He said he is not just solely devoted to the project because he may be on the site. Williamson pointed out Goman contracted someone to do the water meter reading because of the developments. Seifert said we should consider having a city construction manager/consultant (liaison) for the next project and that could be charged back to the projects. Goman agreed that sounds good but it would not solve the City's overall involvement. Rockvam said ever since these projects started the staff cannot get their work done and thought it was reasonable to bill some hours back to the projects or just bite the bullet and pay it even though that would be hard to accept. Hughes suggested asking Yanik to prepare a presentation to the City regarding services he could provide regarding a construction project liaison to relieve staff. Beck said if Goman had to work overtime because of the project you could still charge the projects for this time. Goman estimated he has worked 50 — 100 hours overtime toward the projects. b) Council — Hughes, Reinhardt, Williamson, Widmer Reinhardt reported HCRRA has sent a letter to property owners adjacent to the rail corridor notifying them that they are marking their right of way boundaries. She also reported the trail design documents are going before the Three Rivers Park District board for approval. c) Engineer 1. Sunset Drive Improvement Project Goman reported completion of storm sewer installations, curb and gutter, and the majority of the sidewalk. He said the intention is to mill the roadway this week, blacktopping next week, and finish with stripping and signage. d) Utility Superintendent 1. Wilkes Park re: retaining walls Rockvam said this could be put in the budget for next season. Goman said we have to remove the complete retaining wall and we cannot do any repair because the majority of the wall is so bad. Hughes suggested using composite timbers. Goman said he is getting a proposal from E F Anderson but they said the composite timbers would be more expensive than keystone block. Widmer suggested obtaining another estimate from a totally different contractor. Williamson said the budget is $28,000 and we have spent $22,500 and this proposition would be over the budgeted amount. He pointed out the Planning Commission is also the Park Board and they should be given the opportunity to review this. He said he physically reviewed the park and noted there are other items in need of repair. Williamson said the problems go beyond retaining walls and the Park Board should review the park and make suggestions. He said he is concerned with Berkley Risk and pointed out we had to get rid of equipment that is not up to standards. Williamson said he would like to know if Berkley Council Meeting—10/2/06 8 wall may not be acceptable and we have spent $15,000. Rockvam said $15,000 is cheap if there is an injury and we are sued. Williamson said Rockvam raised a legitimate point and if there is a hazard we should deal with it. Goman stated a rep from E F Anderson said keystone block is acceptable if it is out of the fall zone and a composite material is $22 per 8 foot section. Rockvam said if we budget this for next year and do it in the spring and then the Park Commission should review what should be done. Hughes said we should review the active play area and look at replacing what the kids actually play on. He stated there are two issues, the retaining wall and the picnic tables, and rotting posts. Williamson again stated we are not the Park Board and this ought to go on their agenda. Rockvam expressed his disappointment with the Commissioners that did not respond for the appreciation dinner. Goman pointed out the Planning Commission makes improvements and this is a maintenance item. He said the plan is not expanding or changing the wall. Williamson reiterated the Park Board should have input. Goman again stated this is a maintenance item, not an amenity and asked if he has to go to them for this. Reinhardt said the issue is now more than that. Williamson said this should have been presented to us long ago and not as a `slam dunk' item. He asked why the Council did not get this way right away. Goman said the need is still there and he just had a chance to take a serious look at the condition of the park. He pointed out he needs part time help beyond the developments. Rockvam asked the Council what they want to do about this. Williamson said to send it to the Planning Commission to review the park. Hughes said to obtain another bid. Goman said he is not going to do anything until the Planning Commission reviews it. Hughes said he agrees with Goman that this is about the retaining wall and this is a maintenance item but the condition of the play structures should go to the Planning Commission. He added Goman should get an estimate with other materials also. Goman said he could have the rep from E F Anderson review the play structures and bring a recommendation to the Planning Commission. Rockvam verified the Council would like to get another bid on the retaining wall and have the park equipment reviewed. Williamson said he wanted this presented to the Planning Commission because they should be informed. Widmer verified maintenance does not go thru the Planning Commission but the equipment does. Reinhardt stated she liked the format used for this request. e) Administrator 1. Channels 8 & 20 Schedules - Noted 2. Building & Sign Report Rockvam asked what `pending and on hold' meant for the building permit on Black Lake Road. He said he would like to see the lagoon cleaned out. Friesen said she sent a letter to the contractor and the MCWD. 3. Fund Balances YTD Water rates expenditures and revenues were noted to be on the minus side. 4. Cash & Investment Summary - Noted 5. November Calendar - Noted 6. Reschedule Council Meeting to November 91h (after election to canvas the vote) Council Meeting—10/2/06 9 Motion by Reinhardt and seconded by Widmer to change the Council meeting from November 6 to November 9 to canvass the votes. All votes were aye. Motion declared carried. 7. Upcoming Meetings i. Land Use Planning Workshop, Mound, Oct. 14, 8:30 — 12:00 (6 participants) i.i. Moratorium Workshop Friesen said the moratorium workshop will be October 30th. Rockvam recommended November 27th for the moratorium meeting in November. 8. Miscellaneous - None 8. CLAIMS FOR PAYMENT Motion by Reinhardt and seconded by Widmer to approve the claims for payment for October 2, 2006. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS a) HCRRA Permit — Sunset Drive Basin Rockvam asked if the permit has been issued for the drain and was told we have not heard back. 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: a) Banyon Accounting and Payroll Programs — cost proposal Motion by Reinhardt and seconded by Hughes to proceed with Banyon Data Systems training program `in house' for fund accounting and payroll. Hughes said the City could use him as a consultant for a server for the office. The cost of one was briefly discussed. Reinhardt asked what annual support was. Friesen said it was a help desk and provided updates in the program. The Council briefly discussed the pros and cons of annual support. Friesen will check why the same amount of time is spent on payroll as fund accounting. Hughes thought there was a disproportion of time. Rockvam said to get a price on a server. All votes were aye. Motion declared carried. b) Crow River Bank — main bank depository request Williamson asked if there was a reason to make any change. Friesen said Crow River Bank is a locally owned bank. Rockvam said to ask them why we should go with them and what can they do for us. c) Legal Services Proposal — Gregory Keller d) Head, Seifert & Vander Weide — Status Report Lakeview Lofts e) Head, Seifert & Vander Weide — Status Report Mist Lofts f) Head, Seifert & Vander Weide — Status Report Island Harbor 1. Clearwater Development Group — memo to Al Brixius, NAC 2. Clearwater Development Group — services, resumes, experience Council Meeting—10/2/06 10 Williamson noted the escrow balance is on the Lakeview Lofts report but not on the Mist Lofts report. Beck said the Mist Lofts has a different arrangement and they are sent a bill monthly. Rockvam said Mike Gorra, owner of Park Hill/Park Island Apartments, signed an agreement with Clearwater Development Group. He said we have to address who is going to pay for time spent on this with our attorney, etc. He added they should start with a clean slate. Beck said Brixius (NAC) indicated the changes are substantial enough and we need to see that there is a termination with K Hovnanian. She added Gorra has to amend his application and the first one expired October I". It was noted the escrow has to be returned only after we have received all of the bills. Williamson said the key point is Clearwater is working with the planner and asked who is paying for it. Beck said those bills are being held and Clearwater has been informed of what they have to pay. Hughes stated we have to make sure we do not get into trouble talking to Clearwater when all ties have not been cut with K Hovnanian. Beck said she sent a letter to K Hovnanian asking for written confirmation they are out of the picture. 11. MISCELLANEOUS a) Closed Session — Performance Evaluation — Sharon Corl Motion by Reinhardt and seconded by Widmer to go into a closed session at 10:53 p.m. All votes were aye. Motion declared carried. 12. ADJOURNMENT The regular Council meeting was adjourned at 11:40 p.m. SHARON CORL DEPUTY CLERK I ARAH FRIESEN ADMINISTRATOR/CLERK/TREASURER Council Meeting—10/2/06 11