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8/21/2006 - City Council - Regular - Minutes 1 1 tl' CITY OF SPRING PARK SPRING PARK,MINNESOTA • MINUTES COUNCIL MEETING AUGUST 21,2006 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 (arrived late), Engineer Ken Adolf, Engineer, Attorneys Nancy Beck and Tom Seifert, and 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—August 7, 2006 Motion by Widmer and seconded by Reinhardt to approve the Minutes of August 7, 2006. All votes were aye. Motion declared carried. • b) Special Council Meeting Minutes—August 15, 2006 Motion by Williamson and seconded by Reinhardt to approve the Special Council Minutes of August 15,2006.All votes were aye. Motion declared carried. PUBLIC FORUM Mayor Rockvam introduced the Council and Staff to the viewing public. 5. PETITIONS, REQUESTS &APPLICATIONS a) Mist Lofts Construction Update 1. Letter from Beth Pfeifer—boiler stacks Beth Pfeifer said she was at the meeting on behalf of the Mist and Heidi Kurtz and it was her intention to talk about the boiler stacks. She said a default notice went out June 2 1"and a formal response has gone out stating they are in agreement to remove the boiler stacks and replace them with fan units. She said they are looking for approval from the Council that this will take care of the default notice and finish construction. ` Hughes makes a motion and seconded by Reinhardt we accept the new fan units as a replacement. In discussion, Rockvam asked about the new height from the top of the fan unit. Pfeifer stated that the height, she believes, is 24 inches from the flat roof but there is a parapet so the only visible portion above the parapet comes out to roughly eight inches. She went on • to say if going from the flat roof up 24 inches and recognizing 16"of that is surrounded by Council Minutes—8/21/06 1 a parapet, there would be eight inches retraining, if standing next to it. This is different than the boiler stacks which now stand about nine feet above the parapet height so it is • being reduced significantly. Rockvam asked if these new vents would be below the parapet and Pfeifer stated no, actually they would be approximately eight inches above the parapet height. Rockvam asked if the parapet is the eyebrow or round part and Pfeifer stated this parapet is essentially a screen and currently exists on the building now. Rockvam asked Pfeifer if these fans would be going behind and she said yes but they'll go above it by eight inches. Reinhardt asked if the fans were in the same location as the boiler stacks are currently and Pfeifer stated yes. Hughes wondered about the color and Pfeifer stated it's one coat of grey finish. Pfeifer stated this will be barely visible as the eight inches height is if someone is standing next to it. Rockvam asked about the purpose of the vents and Pfeifer said it is to provide air intake for the boiler system for the building and they are essential to heating and cooling the building. She said the boiler stacks can be removed but they have to be replaced with something. Hughes asked for clarification on the color and Pfeifer said one coat of grey hammer finish. Rockvam asked if it was the same color as the other parts were painted and Pfeifer responded yes. Hughes said it is a fairly dark color grey. Reinhardt stated the boiler stacks definitely stick out but the other flues are fairly insignificant and she felt it would be okay to not paint those and leave them the way they are currently. Rockvam said he wanted to make some of them on the edge less intrusive and it's possible once the building is up and operating they won't be noticed but he said he would still like something done to the ones around the edge to tone them down somewhat. Rockvam said when the architects came in there was a concern about appurtenances on the rooftop and more specifically satellite dishes. Rockvam stated they were assured that nothing would be seen from ground level because everything would be set back far enough. Rockvam • said the Council remembers what was promised and then something different goes up and that's what he means. Williamson agreed and said the process has been gone over twice and there was specific concern about television antennae and rooftop equipment. He said it was written into the first development agreement and carried over into the second that these materials, although necessary, would be screened from view. Williamson said representatives of Cornerstone have heard these requests and had weighed in agreeably sometime back in 2004. Pfeifer agreed there was discussion about screening rooftop equipment from view. She thought there might be confusion on the extent of screening and what was screened. She added there are things that are integral to a building such as plumbing stacks and chimney vents and not considered to be antennae and satellite dishes. Location cannot always be dictated. Pfeifer stated that if compared to the Lakeview Lofts, the perimeters are not too different than what is seen on other similar buildings. She said they are in agreement that the boiler stacks were much more obvious however they don't agree that the perimeter vents, integral to the building,constitute the same thing. She said there is some concern about the ongoing maintenance that the paint would cause and they could, in the long run, look worse because they aren't intended to be painted. Rockvam asked why they aren't visible from the south building and Pfeifer said she couldn't visualize what Rockvam was referring to and it might be a difference in vantage point. The north building is definitely taller and the farther away from the building,the greater opportunity to see the roof. Williamson thought it would be easier to see the top of the shorter building than the top of the taller building. • Council Minutes—8/21/06 2 1 Williamson said some of the arguments and statements made in the past seem to slide by some of these issues and regarding both the Frostad and Cornerstone developments, what • was shown as far as architect renderings, none of which clearly showed a protrusion into the skyline. He said Frostad's development is different in design and those items blend in and aren't visible. Williamson said Colleen Cary had written after several previous disputes in early 2005 and they were led to believe that communications of this nature would be dealt with in a timely fashion. He wanted it noted for the record that these issues have arisen after the installations are complete and communication has neither been timely nor accurate. Williamson further stated he has not been particularly happy with the way Cornerstone has conducted themselves throughout this process and they seem to look for loopholes and hide things and wait until the last minute and then whine and cry about how expensive it is to go back and comply. Rockvam wondered in regard to what is presently before the Council do they want to tie them together or treat them separately. Hughes said he already made a motion. No further discussion. All those in favor aye,none opposed, motion carries. Rockvam asked about the painting of the flues. Reinhardt makes a motion and seconded by Widmer to allow Cornerstone to leave as is. In discussion, Reinhardt agrees with Cornerstone that chipped paint and a maintenance nightmare would be far worse than leaving the flues as is. Widmer stated they are noticeable now because of the boiler stacks. Hughes stated that in the future when a developer comes forth with colored renderings they will know enough to ask about boiler stacks and plumbing vents. Upon Roll call,all those in favor Hughes,Reinhardt and Widmer; Williamson and Rockvam voted nay. Motion carries. Reinhardt stated she had a question regarding construction with the Mist Lofts. She had • some conversation with a realtor and there was a comment made regarding the possibility of a pool and a backyard barbeque in order to generate sales. Reinhardt wondered what was going on with that. Pfeifer said realtors would like to see a pool added. Potential buyers have indicated they would be more interested in the property if there was a pool. Pfiefer stated although the city hasn't been approached yet by the developer,there has been some preliminary research done whether it would financially feasible. Rockvam wondered if it would be inside or outside and Pfiefer stated outside. Widmer asked if there has been any interest in the retail space and Pfiefer stated she isn't involved with the retail leasing but believes there is a lease being negotiated now for the retail space. Widmer stated she heard a Starbucks is coming and Pfiefer stated that isn't what she's heard. b) Lakeview Lofts 1. Lakeview Lofts landscaping plans -Norling estimate for planters -email concerning planters and responses DJ/Dan Petrik/Todd Frostad Rockvam wondered if anyone from the Lakeview Lofts was ever going to show up again. Friesen said Frostad called and said he wouldn't be able to make the meeting and,in discussing the large planters,because Hennepin County says no, they can't be in the right- of-way and the association says no, they can't be on the front of the building, he would like to see that issue dropped. Rockvam said that's a good point from their point of view, however, the resolution authorizing the variances and conditional uses on that building,the last item on that resolution was the creation of a residential entrance with plantings on both sides. Frostad agreed to it and whatever the homeowners' association thinks is irrelevant Council Minutes—8/21/06 3 at this stage. He said there was a deal and the developer's agreement is an attachment to that declaration so it goes along with it. It's not a matter of whether they want it or don't • want it. It's a matter of where it is. Rockvam said they met with Frostad in June and discussed a cluster of three planters where they wouldn't be intrusive to the traffic at the intersection and, if lining up with the transformer, it would be back at least that far, if not further. Rockvam stated this is one of several loose ends that need to be wrapped up and finished. Rockvam said this was an agreement and they need to live up to the agreement. Rockvam stated the City doesn't have the power now that the certificate of occupancy has been issued. Hughes remembers Frostad saying the association wanted Norling to take care of the two planters by the front door and now he's saying something different. Williamson asked if there had been any direct communication with the association or had it all be through Frostad. Friesen said it's all been through Frostad. Rockvam and Williamson wondered about this so-called association and if in fact they've ever met or it's a convenient excuse offered up. Williamson recalls meeting on site and Frostad was there. He said.Frostad was in full agreement and enthusiastic about what was being suggested. Williamson said these planters have to be off the Hennepin County right-of-way and they should be as close as is practical. Widmer thought they were going to be medium or small in size and Rockvam doesn't remember talking about the size. Williamson stated size was discussed in regards to not so large as to obstruct views of traffic. Rockvam said if a smaller cluster works better,that's fine too. Reinhardt wondered if Frostad also got a copy of Norling's estimate as it looks as though he wasn't copied on it. Friesen said she wasn't sure if Goman had forwarded a copy or not. Hughes stated the time frame for the weekly maintenance is almost gone at this point. Rockvam noted the proposal was dated June 19`h. Rockvam said he still thinks they should be installed and even though flowers won't be planted at this point, tree tops could be put in. He went on to say that whatever can be done to make that entrance look better should be a plus for selling those units so he is confused about why the resistance. Friesen thinks Frostad is waiting for a punch list from the City dealing with anything on the agreements that he hasn't completed yet. Frostad has the utility punch list but hasn't seen one from the agreements yet. She said these planters could be included as part of the punch list and it could be completed that way. Hughes thought there was a copy of a punch list prepared by the attorney. Beck stated that was part of the original punch list prepared last December before the certificate of occupancy. Beck said she hopes Frostad isn't claiming he knows nothing about this issue as there has been lots of discussion on it and it was on the original punch list he was given last fall before the issuance of the certificate of occupancy. Beck said Seifert has prepared several memos outlining the specific items on both the utility and agreements punch list not yet completed, including these landscape issues. She:said she doesn't know if they were forwarded to Frostad yet or not. Seifert thought it might be necessary to find out from Goman when this list of items got sent to Frostad. He knows it says June 19`h but wonders if that's when Frostad got it. Seifert thinks Frostad might not have seen this until last week. Rockvam asked Goman when Frostad got this list and Goman said last week due to a miscommunication on his part. Goman thought the City was going to purchase the planters and it would be taken out of the escrow so that's where the delay stems from. • Council Minutes—8/21/06 4 Rockvam wondered how much was escrowed on the landscaping for the corner or was it all lumped. Goman thought it was lumped. Williamson said the escrow is for the over-all performance on the developer's agreement, not specific to just landscaping. Williamson said the only specific landscaping escrow is with Hennepin County Rail Authority. Seifert says there are three escrow agreements, one with Hennepin County for$12,000 for landscaping on the Hennepin County property, second an escrow of just over$5,000 for landscaping,third, an escrow for the painting issue. There is, of course, the letter of credit that's riding and the security is that Frostad is expecting to receive the City's TIF note for a half a million dollars. Seifert thinks that's what he might be leading towards saying he's completed everything in the developer's agreement so he can get and sell the TIF note. Williamson said it's a Paygo and he only gets the amount of tax money the property has produced and wondered if there has been any. Seifert stated he didn't know if it's produced any taxes but thought it could be negotiable. Rockvam thought there might have been some from last year. Williamson thought maybe on the first payment this year but he doesn't think it's close to$500,000. Seifert said it's a$500,000 note but Williamson says it's.Paygo. Seifert said he believes the 2006 taxes would have been based on the value in January of 2005 so there wouldn't have been much but in 2007 there will be taxes. Seifert said he suspects it will be sold to some investor. Rockvam wants to know what to do to get this done. It's always being delayed. Rockvam wondered if there is any luck with Frostad on a staff level. Goman said he's gotten a response from Frostad who said he's not going to purchase them,he's not going to maintain them and the association isn't going to maintain them. Hughes stated Frostad is completely turned around on this as there was an agreement back in June with him regarding the planters. Williamson agrees. If Frostad is unwilling to keep up his end of the on-site agreement, then maybe the concrete should be taken up and trees put in. Goman said that was the last correspondence he had and it was from last week. Rockvam said originally one of the concerns that the County had was the two spots that were open and they didn't want anything to impair the vision of the intersection and they wanted something low. Frostad has to be aware that we have a deal with him and it's tied into the developer's agreement. Rockvam feels since we didn't deal with the association Frostad needs to get this done. It might be that a 48 inch, 36 and 24 might be too big. It wasn't stated that they need to be the size of the ones on the island; what was agreed upon was a cluster like that. Williamson said the proposal was three planters each a different size. Hughes said maybe they need to be smaller. Goman said the proposal is based on proportion to the layout. Reinhardt wondered if staff has a different recommendation on how to proceed with Frostad to get this done. Seifert said he thinks the planters will have to be included on the punchlist. The other two issues are the globe trees as well as the question on the Hennepin County easement and the sod. Seifert said he has sent a memo to Marcia Wilda and hasn't heard back. Wilda said they do have$12,000 of Frostad's money and they don't have any written escrow agreement and Seifert asked her what she would think of the City holding the $:12,000 and she said no. Seifert then asked Wilda if the County had seen or approved the globe trees being planted at the back and she responded no. Seifert asked Wilda to encourage Frostad to spend the money on the globe trees as it might take years to come up with a plan for the trailhead. Wilda said no and she asked about the sod that has been installed on the Hennepin County easement at supposedly the City's insistence and the sod was not approved by the County. She wondered who would maintain the mowing as the • Council Minutes—8/21/06 5 County doesn't have crews that just come out to mow. Seifert told Wilda he would report to the Council and then asked Wilda if they intended to continue leasing the overflow • parking of Fletcher's next spring and she stated probably not. Seifert asked what would be done with that area and she responded she didn't know. Seifert believes working with Hennepin County Rail is going to be very delicate. Seifert believes until the trail with Three Rivers is more complete, Hennepin County isn't going to commit to too much. Rockvam said, as he understands it,Three Rivers will operate the trail and it's 16 feet wide and the rest of the property will be the rail authority. Seifert said that's what's unclear- who will maintain what. Reinhardt believes the trail width will be ten feet with some edging and it will be asphalt. She said Three Rivers will get an easement from the County to operate the trail and some sections will be wider as they will have trailhead elements and Three Rivers is planning on doing the maintenance. Hughes asked about an agreement with Frostad and who would maintain the parking area currently being used by the construction workers. Rockvam doesn't think there was an agreement. Seifert thought Frostad needed to get approval to what type of landscaping was done and it looked as though the sod was put in without getting the approval. Williamson is concerned about the fact that the County is holding$1.2,000 of Frostad's money and has no intention of doing anything with it for a long time. He thinks that when they finally do have a plan they'll take the$12,000 and defray part of their costs for their landscaping scheme. Williamson thinks the City won't have any control over that money. Rockvam said he thought there are enough people that know about the$12,000 and the promises that have been made. Reinhardt asked Seifert if he knows if the escrow agreement was extended and signed and Seifert said he wasn't sure. Williamson asked when the expiration date is on the existing agreement and Beck thought it was in September some time, probably around the 21 st. Williamson is concerned about the City's right to execute if this present agreement expires. Williamson said he has had experience from the cable commission and when there is failure to comply,the board,on advice from Council, can execute. Beck recommends the Council authorize the attorneys to send Frostad a letter saying it's his obligation under the developer's agreement to provide the planters and, if it's not done by a certain date,he's under default and the City will move forward using the escrowed funds. Rockvam agreed this should be done. 2. Lakeview Lofts punch lists -Development Agreement punch list -Utility punch list Beck said she sent it to city staff. She said it's completed and can be forwarded to Frostad. Goman said there are 25 items on the punch lists and it's all combined now. The Mist Lofts has asked for a preliminary punch list as well and that will be provided. Rockvam asked if it was Goman's responsibility to go around and make sure all of these are checked off and Goman responded yes. Rockvam said is takes a lot of time and it's going to be necessary to take a draw for staff time from the escrow account. Rockvam wants these projects wrapped up and finished and, if the City has to do it, then the escrow account should be drawn. • Council Minutes—8/21/06 6 Hughes brought up the issue of Goman's time. He suggested perhaps there could be such a thing that Goman not work on these projects until after 5 p.m. and then the overtime be • charged to the escrow account. He said it's an extreme but it could also be an incentive to get these projects completed. Beck said this has been mentioned in the past. She said extraordinary staff time can be charged to this account. It needs to be documented that work done for the developer caused overtime and that overtime can be charged back. Goman said it's not necessarily overtime issues because unless it's an emergency,things can be carried over to the next day. Rockvam stated maybe it's too late to do anything about it now but, in the future, because we're a small city, we might have to designate time management costs. Hughes talked about the Yanik.Companies that recently bought the Wells Fargo bank building in the city and their business is project management. Seifert said unless it's water or sewer related, in the future, any staff time devoted to development projects should be billed to the developer. Rockvam said a good example of this very thing is the proposed contract we have with the building inspector to take over zoning and ordinance compliance. He asked the status of the contract and.Friesen said a draft is available and it needs to be forwarded to the attorneys. Rockvam asked Goman if 30 days would be enough to complete the outstanding projects and Goman thought that would be adequate except some of it is blacktopping. Widmer said if the drop-dead date is September 21" and there is a Council meeting on the 18`h, action could be taken at that time. Williamson is concerned that this wouldn't be enough notice and thinks a week would be better. Rockvam's concern is that when the Council meets again on September 51h this same discussion will take place again. Rockvam asked about what other items are on the list that could be taken care of. Goman said roof gutters going the wrong way could be addressed and address number need to be • in a contrasting color. One of the manhole structures needs to be saw cut. Rockvam asked Goman if he deals directly with Frostad and Goman responded no, it's through Weiss. Goman said Spring Street is final coated except the transition to Sunset and the asphalt listed on the punch list is for repairs. Rockvam asked the attorneys if there's anything they can help Goman with on the punch lists and Beck responded that the utilities will have to be Goman's but they can help with writing the letter on the developer's agreement. Goman said most of the things still on the punch list are utility items. Goman said he'd try and get some dates from Weiss on when they can come in. Rockvam asked about the pile of concrete and wondered if it was a weight. Goman said it wasn't part of their project as it just appeared and Goman said it will fall back on the rail authority. Rockvam asked if someone just dumped it there. Goman said it wasn't part of excavation, it was something that appeared. c) Miscellaneous 6. ORDINANCES &RESOLUTIONS 7. REPORTS OF OFFICERS &COMMITTEES a) Mayor 1. Police Commission Reports&Minutes—8/15/06 Hughes asked about the door-to-door magazine sales. Williamson said door-to- door sales is an act of free speech but if the property owner asks the solicitor to leave, they must leave the property. .Hughes said maybe this could be a subject for • the next newsletter in regards to residents asking the solicitors their information Council Minutes—8/21/06 7 and then checking with the City. Reinhardt asked about the suggestion last year regarding adopting a similar ordinance to Minnetonka Beach to somewhat regulate door-to-door solicitors. Williamson said we do have an ordinance from a while back but the courts have nullified a lot of the language so it might need to be restructured. Rockvam asked if there were any complaints to the City and Friesen said no. 2. Administrative Committee Minutes—8/09/2006 Reinhardt asked about the last item on the minutes regarding work backlog and possible workshop days discussed. Rockvam said he suggested looking at the work backlog and wondered if something could be fashioned along the lines of the search for the new administrator where it was a one day workshop. Another approach could be to meet for a couple of hours on the middle Monday when there isn't a Council meeting and pick a topic and work on it. Rockvam thinks it's important to try and get caught up. Rockvam asked what's happening with the drainage ditch by.Fletcher's. Goman said an easement needs to be negotiated with the owner of Fletcher's. Goman said he'll be working on it in the next week or two and Beck stated she drafted an easement but felt it would be best if City staff approached them first. Rockvam said Marhoula was in last March and he wondered if there shouldn't be a memo to him telling him we're working on this and haven't forgotten about this. Goman said he spoke with Mahoula in the last couple of weeks and he knows we're working on it. Rockvam asked about the status with the budget. Friesen said she hopes to get that out this week rather than wait until the next packet as it isn't enough time. • b) Council—Hughes,Reinhardt,Williamson,Widmer Hughes had nothing to discuss. Reinhardt had a question about the Shoreline Place,Tonka Grille building and whether they are residing. Goman said yes, they're residing the entire building using a concrete type plank similar to the Lakeview Lofts. Williamson said the Planning Commission minutes weren't in the packet and he asked the administrator and she told him they hadn't been approved yet. Williamson said they've always gotten the unapproved edition of the minutes because if they wait until they're approved it could be five weeks or more. Williamson thinks several topics of interest were discussed at the last Planning Commission meeting,particularly the Yanik sign and the attendance report. Friesen said they will be included from this point forwarded. Williamson asked about the fire proof cabinets and wondered if there could be better placement from a structural standpoint and perhaps use the basement for archival files. Rockvam said it was first discussed to have a fireproof room but it turned into an entire rebuild of City Hall. Goman said we have about eight cabinets. Prior to this a proposal was submitted for consideration and it was tabled until budget discussions because of the cost. Williamson asked if there were other vendors and Goman thought only the one. Rockvam suggested$25,000 be allotted in the proposed budget for the cabinets and then, if reinforcement is needed for the cabinets, it will looked at then. Seifert said a computer file could be started for incoming documents. Council Minutes—8/21/06 8 Williamson said the same concern was raised about city utility billing and a back up copy was made to a disk and Deputy Clerk Corl was taking them home with her. • Goman said there is an external back up being utilized now. Reinhardt thought it would be a good idea to do a technology assessment and it could be added to the budget. Williamson asked about the fees for the utility maps and who actually owns the utility maps when the City is paying for updates. Goman said the City owns the maps. Williamson asked if the utility maps were on site in case something happened to the engineer and Goman said yes. Williamson asked about a follow up to the Channel Road rental property and wondered if the advertisements have come off the internet. Friesen said the monthly advertisement has come off but the actual rental has not. She said the neighbor is still contending the ad is on a site where someone would look at for a vacation property rental. Friesen said however the owner has the right to free speech and can advertise wherever she wants to advertise. The daily and weekly rentals have been removed from the website however. Rockvam said vacation home rentals are common now. Williamson said the concern is a bed and breakfast type of establishment in an R-1 district. Reinhardt suggested 7.c)2.,Parking Lot Plan for Mr. Storlie be moved to now on the agenda. Adolf said at the last Council meeting a survey was authorized of the Del Otero parking plan. This was done last week and parking stalls were superimposed upon the survey. Adolf said it shows two stalls between the power poles and there are five more 90 degree stalls at Del Otero. Rockvam asked about the size of the stalls and Adolf said nine feet wide by 19 feet deep, standard size. On the west end are three additional stalls somewhat forward. Rockvam said he wants to be clear that the stalls are less than what the City requires. Adolf said they believe the right-of-way has been consistently represented on previous documents. Rockvam asked the distance between stall number 10 and the fence. Adolf said about seven or eight feet. Seifert asked Storlie if it was a new fence. Goinan said it's still not wide enough for an additional stall in order to get out onto Del Otero. Hughes wondered about the final resolve regarding the curb. Hughes thought at the last meeting there was a clear understanding as to where the curb was going to be and it doesn't seem to be illustrated now. Adolf said it wasn't drawn in. Rockvam said on the city portion, along the front, there would be a curb so cars would have a place to stop. He said it was going to go south and then go west again where the front of Storlie's property is to the fence and then down the fence line and wrap around the fire hydrant. Rockvam said the attorney here last time representing Storlie agreed with the plan. Storlie said he would like to keep as much parking space available as possible and the access. His concern is how tight the curb gets wrapped around the fire hydrant so there is access. Storlie wondered if it could be started closer to the far eastern most pole. Adolf said it could but it won't produce another stall. Storlie said he's just interested in better access. Goman said there's a power pole and Excel can move it but there's two different banks of power and if it's moved, it might make it worse. Rockvam asked about wrapping the hydrant with curb. Goman said typically they want seven feet but based on the parking restraints they're going to • try and drop it to three or four feet. They're going to put bollards in between the Council Minutes—8/21/06 9 hydrant and the curb for protection and to protect the street light. Storlie asked if there would be a bollard on the east side and Goman said yes. • Williamson asked Adolf to slowly trace where the regular curb is contemplated to go. Hughes asked about the double line on the western side of number eight. Adolf said it would eventually be removed. Goman said it won't be a valley curb. Rockvam asked if the curb going into Lakeview Lofts is a surmountable curb and Goman said yes. Storlie asked if he left the curb off of the fence side is there a way to get three stalls in there and Adolf said he didn't think so. Adolf said it is controlled by the location of the power pole and they're all nine foot wide stalls. Trying to maneuver around the hydrant would be difficult. Storlie said if Cornerstone fills up the retail space on the first floor,they don't have parking for employees. Reinhardt said she would hope the amount of parking for employees would be addressed by ordinance. Rockvam said he thinks that's why the City wants to know who is going to be leasing that space because of parking concerns. Williamson said that's why it's important to get it right now. Seifert asked how far it is from the east to the west part of Storlie's property. Adolf said about 27 feet and the retaining wall is on Cornerstone property. Seifert asked why the fence can't go on top of the retaining wall. Rockvam said that's between Storlie and Cornerstone. Hughes thinks the issue is at some point if Storlie sells the property and what is the legal amount of parking spaces. Rockvam wondered about the curb and drainage. Williamson wondered about the issue about who pays for paving. Rockvam asked about the possibility of any landscaping and try to break up the area between the curb at the front of the car and the sidewalk. Storlie said there might be sidewalk that has to go in somewhere. • Rockvam said they'd like to see something green. Storlie wondered what was going to be done to stall number one. Rockvam thought it dropped off. Adolf said the east power pole is right in the middle of it. Storlie said he could put in some shrubs but didn't want to put a sprinkler system in. Rockvam thinks the new retaining wall looks really nice but it would be improved by some shrubs or something to break it up. Rockvam wondered if they could get an answer as to the time element in order to get the asphalt going. Goman said JE Dunn's subcontractor has to pave in the areas of stalls five, six and seven. They would pave the entire portion at the same time as the final lip on Del Otero sometime around the middle of September. Williamson wondered if a letter of understanding would be needed for the future. Rockvam asked the attorneys if they could address something like that.Friesen said there needs to be something in the letter about snow plowing responsibilities as well. Williamson thinks these things need to be spelled out in a line item type of document. c) Engineer—Schoell&Madson . Sunset Drive Project Update - Preconstruction meeting report Adolf said the meeting was last Thursday. Hughes had a question on item number 10. He wondered if the road was going to be closed to all traffic. Williamson wanted to strongly object. He said he's seen so many road construction projects • where they close one side only. Williamson said he can't believe that small of an Council Minutes—8/21/06 10 area would constitute an entire shut down for what he has heard could be two to three weeks. • Williamson makes a motion and seconded by Hughes that it be a half street closure versus a complete road closure during construction. In discussion, Goman said it would have to go back to Hennepin County. Williamson said that's fine, he still wanted to make the motion. Rockvam wondered how it would affect the contract and Goman said it will extend the contract period. Adolf said that's the reason for closing the road and it was suggested by Hennepin County Public Works. Adolf said it could be two to three weeks. Hughes said from a police and emergency situation this is a bad idea. Williamson asked about the cutoff driveway behind Frostad's and wondered if it could be reopened. Goman said with 20,000 vehicles a day coming out of Buttenhof's property it isn't going to happen. He said it's more effective and the project can get done sooner if the road is closed entirely. Williamson said it's unacceptable that they want to shut down the entire road. He believes it should be half and half. Reinhardt wondered how the project was bid; if it was bid with road closures and Adolf said yes, it was. He said it's in the plans. Williamson asked about the detour plans and Goman said County Road 15 to County Road 19. Adolf said some projects on wider roads allow for half and half road closures but in this case each half is not wide enough for two lanes of traffic. He said the biggest issue is getting the concrete median and there isn't enough space between the curb on the west side of the median. Williamson asked about flagman working. Rockvam said the way the project was bid changes everything. Hughes thinks the center median going in might force closure for a day but two to three weeks seems to be out of line. Adolf • said that might be a possibility. They need to have more meetings anyway to coordinate this so he wondered what would be acceptable. Adolf said it's the curbing that takes the time and the center median. Adolf said we're running out of time because they're trying to work out some cost sharing with other agencies. Hughes said the motion on the table is about being opposed to having the road closed. He said he could accept a total road closure for maybe a day in order to get the median in. Widmer said she could accept it for longer than that and she lives on that side. Williamson thought a total road closure is avoidable. Rollcall Hughes yes,Reinhardt no,Widmer no,Williamson yes,Rockvam yes. Motion carried. - HCRRA Property, S&M letter and concept plan Adolf said they were hoping representatives of Three Rivers and Rail Authority would come to the pre-construction meeting and they didn't. Adolf said they've been generally unresponsive and haven't given a direction. Adolf said to be determined are the pedestrian access ramps and the driveway for access to the west side of Sunset. Adolf put together a concept plan and presented to HCRRA and Three Rivers in order to get their take on it. Williamson asked how it affects the actual design and construction. Williamson wants to know point-by-point why it makes a difference. Adolf said there is a trail crossing and they'll need to have ramps so those locations need to be established and it is included in the current set of plans that were bid. Rockvam asked if the trail goes across the sidewalk and Adolf said it has to cross the sidewalk. Adolf said it's like a handicapped,the curb drops down. Williamson said how about if the entire thing is surmountable curbing Council Minutes—8/21/06 ll and then it wouldn't matter where it crossed, it would already be there. Rockvam said you can't back up a sidewalk without a curb and Adolf said he didn't think the County would approve that. Hughes said the objective was to get the shortest distance across the road. Rockvam said the City has done everything they could possible do and still doesn't get any cooperation from the Three Rivers and the Rail Authority. His suggestion is to put in the regular curb and sidewalks on both sides and, if they decide at a future date where they want them to be,there will be an agreement with them to replace the entire section,rather than piecemeal. Reinhardt said they're just not ready. Rockvam said that's exactly right but the City is and we should move ahead. Reinhardt said the driveway would be an issue now because of the construction workers. Goman said there is an access now that would have to be reestablished. Seifert wondered if Hennepin County Public Works approved the plan and Adolf said yes. Williamson said he thought the police and emergency response wanted to be able to use the trail and he thinks this should be set aside for a while until a more clear plan for usage is presented. Friesen said the planner has been asked to work on a concept drawing for the trailhead and from the diagram they should be able to take into consideration the plan and the City should go forward with the trailhead concept because the Rail Authority isn't. Williamson is concerned that this construction is expected to commence in five or six weeks. Friesen thinks it should be done now and then presented to the Rail Authority as that portion already being completed. Williamson wondered what would happen if it didn't go along with their plan and then they started tearing up what was done. Rockvam thought they should be told that if they don't know what they're going to do,this is what the City is going to do and they'll be responsible for restoration if any of it has to come out. Reinhardt wondered if the driveway apron is located where the current access is now or is it going to be in a complete different location. Adolf said the entire area is almost being used as access. Everyone is used to just driving in. Adolf said it's north of the easement area. Rockvam said the trail may meander so wherever the entrance is put,it might be wrong. Seifert wondered if there's going to be a crosswalk and Adolf said yes but it's the County's jurisdiction. Adolf asked if the concept works for the City so he could present it to Three Rivers Park and the Rail Authority. Rockvam said the only thing we don't know is where the ingress and egress entrances are going to be. Hughes said his concern is the driveway access needs to be restored so it makes sense to put the curb and sidewalk in and let the rail authority worry about it when the time comes. Hughes makes a motion and seconded by Reinhardt to accept the plan deleting the future trail pedestrian trail access curb cuts. All votes were aye. Motion declared carried. Friesen said in regard to the future trail there might be residents of the condos that want to cross to get to the post office or boatyard and the crossing should be identified. - Stormwater basin agreement Adolf said it requires a Minnehaha Watershed permit. He said the last meeting outlined a catch basin and a storm sewer. All things have been worked out except for the storm water maintenance agreement. Adolf said the agreement that was • copied is a sample agreement with Shorewood and it was forwarded for review and Council Minutes—8/21/06 12 consideration. Rockvam wondered if it specifies when the silt gets so high it has to be cleaned out and Adolf said yes,the capacity has been outlined. Adolf said the • intent of the maintenance agreement would be specific to this basin. Hughes asked about page two, item number 4 and what it meant. Beck said it applied to future permits. Rockvam asked if we have to specifically vote on a document and Adolf said his suggestion is the city attorney work out the language with the Watershed District and the Council authorizes the administrator to sign. Hughes and Williamson thought this needs a special meeting. Rockvam said we're looking to get the agreement drafted for Northern Avenue but the other ones need to be addressed too. Friesen said there is a moratorium meeting next week but Rockvam wants to keep the moratorium separate. Williamson asked if they could meet in front of the moratorium meeting next week in order to read it, adopt it and move on. Widmer said if anyone has a question they should contact Friesen ahead of time instead of coming in Tuesday night with changes. 2. Parking Lot Plan (Storlie) Previously discussed. d) Utility Superintendent 1. Bayview Place—blacktop &curb and gutter Goman said there was an add alternate. He wants clarification if the Council wants to proceed with it. Hardrives will be providing the milling of Bayview Place but will not be doing the blacktopping. It wasn't clarified at the contract meeting. Williamson said staff recommended it be deleted.Goman said yes,delete it with the contract with Hardrives. Goman said they're not scheduled to do anything right now. Hughes wondered about a time frame. Goman said they'd like to do it this year to coordinate with the Sunset Drive project. Hughes wondered about the cost • savings and Goman said about$3,000. Mason wondered if there couldn't be a trade made instead of the painting of the stacks. Rockvam wondered if we should do it now or wait on it. Williamson prefered to wait because there's too much going on already. Reinhardt asked if there's a good place to put the money where it can be accessed. Goman said it can be pulled from the reserves. Williamson thought it would be smart to wait and then perhaps the homeowners association might want to contribute to the project seeing they will be using it to access their new homes. Reinhardt asked what Goman's recommendation was and Goman recommends it be done now. Goman said the crown of the road will be shifted to the centerline. Williamson makes a motion and seconded by Hughes that the Council reject doing anything additional in connection with the road project. Hughes yes,Reinhardt no,widmer no,Williamson yes,Rockvam no. Motion failed. Reinhardt asked what it would look like if it's not done. Goman said it will look out of proportion what is currently down. There will be a new section of concrete when it's done rather than it fading. Hughes said his rationale is spending money and he would rather spend money putting in the electrical. Rockvam said he'd like to make a proposal that we're looking at$44,000 and he thinks we should put the underground structures in. Rockvam believed it's close to • ten years ago we got$675-676,000 off the TIF district and to the best of his Council Minutes—8/21/06 13 knowledge the money has never been spent. He believed that money has been in the bank drawing interest all this time and his suggestion is that some of that money • be drawn and spent on the street lighting. Rockvam said he's not suggesting spending the principal but perhaps taking$20,000 of the interest and put the lights in so we're done with it. Regarding the Bayview place, he could go either way. He liked the idea of finishing it off and getting done with all of the stuff.Williamson said he remembers when these developments first came and it was going to be a big benefit to Spring Park. It was going to boost the tax base and bring all sorts of helpfulness to the community and subsequently we've accelerated the trend of spending because of these developments and it's turning into a subsidy of the resources of the citizens of this town because of these developments. He said we're pouring money into them and we're not gaining a whole lot. Goman said to Williamson for clarification, Bayview Place needed to be replaced regardless. Williamson said three decorative lights there wouldn't have been considered if it hadn't been for the development going on. Goman said he just wants clarification that Bayview was a road that needed to be replaced whether this development took place or not. Rockvam said regarding the lights, we now have sidewalks where we never had sidewalks before and lighting is important now. Times are changing, people are changing and this town will probably change in the next ten years. Sunset Drive has been in need of improvement for the last 25 years and unless there is a desire to continue to have huge holes that collect water that never runs off and creates hazards for drivers,then we don't spend the money to improve but he said the TIF district money didn't cost the taxpayers of Spring Park and it was more or less a gift and some of the money should be spent. Hughes wondered why Bayview and • the lighting can't be paid for out of that fund then. Williamson said there are increasing needs for this community, specifically along Sunset Drive where the road needs to be widened in certain spots and where pedestrians walk but he believes there has been a focus on the grand developments and other areas have been ignored. Goman said he's aware of the other areas that need attention, for instance West Arm Central and the retaining wall on Mapleton but there are other areas that need immediate attention. Reinhardt didn't know that this was going to be a request for money and she feels it's difficult to make a decision when there wasn't the original memo included in the packet for review. Rockvam said in the past whenever there's been a street improvement the City would pay for part of it and the homeowner would be assessed for part of it. It was done on Lafayette Lane. Hughes said a couple of meetings ago there was a thought about picking a number, he'll use $5,000. The City would pay and then anything over that would be a special assessment. Goman said just the curb and gutter is roughly about$3,500. It will have to be the City's expense because of trading with the County. They don't do concrete,just asphalt. Widmer makes a motion and seconded by Reinhardt to go ahead with the blacktopping,curb and gutter at Bayview Place. In discussion, Hughes said his concern is that he would like to do the project but he's concerned with the dollars because his priority is for the wiring for the lighting. Hughes would like to see both done but he's concerned about where the money is coming from. Widmer • asked how soon Goman needs an answer. Goman said the mill and overlay won't Council Minutes—8/21/06 14 take place until after Labor Day. Hughes said as part of the motion it needs to be determined where the money is coming from. Reinhardt said the TIF District has • $459,000 and the Public Improvement fund has $741,000. She said on a broader scale this elevates the importance of the CIP and making wise and educated choices on where to spend the City's money. Williamson said he's concerned about spending money too freely and quickly and wondering how we'll get the money back. He still believes one way or the other it comes out of the public's pocket. Rockvam said it has to come out of the reserve fund. There is no money in the budget to cover this. Williamson believes it should come out of the Public Improvement fund as that would make the most sense. The motion is amended and seconded by Reinhardt that the funds should come from the Public Improvement reserves funds. Hughes yes,Reinhardt yes,Widmer yes, Williamson no,Rockvam yes. 2. Street Lighting—Sunset Drive along HCRRA property Reinhardt asked Goman to refresh the Council as to what's included,the conduit, the lighting. Goman said it includes the plastic electrical conduit underground,the wiring,the concrete bases,the labor but not the fixtures for about$22,000 for all the underground. He said there was a meeting with Three Rivers,they stated no, they didn't feel a need for lighting as the trails are closed at night. Reinhardt said Three Rivers acknowledged that public safety at a street entrance was something that wouldn't be denied by them. Rockvam said he believes Three Rivers needs to acknowledge the fact that this will be a heavily used part of the trail and they need to consider funding part of it and this trail is going to be used even after dark. Goman said he believes the biggest problem is that Three Rivers is just not ready yet and more likely in a couple of years. • Hughes asked about the bases, whether they were universal or so specific that only the one light could be placed upon them. Goman replied that the bases are designed for the current street lighting going in but he could ask if a different style pole could be accommodated. He said one of the moratorium topics will be street lighting and design. Goman said as long as the City stays with the 20 foot pole there are adapter plates that could be made up. Goman is looking for direction. $44,000 to$45,000 would include the three poles. It completes to Northern Avenue. Hughes asked where the money would come from and Goman said it would have to come from one of the two reserve funds as there isn't enough money in the street repair budget. Hughes makes a motion and seconded by Reinhardt to approve the pre-wiring for the three lights to be paid for out of Public Improvement reserve funds. Rockvam said in regards to the improvement of Sunset Drive, the City was going to go back to Cornerstone because originally the developer's obligation ended at the development but the staging area has had a tremendous amount of traffic and has had a definite affect on the road and he thought Cornerstone was going to be approached about sharing some of the improvement costs. Williamson said Jim Grube's assessment was there certainly was an obligation due to the obvious wear and tear and they should participate. Rockvam asked if we are too late to request this and he also asked about Del Otero and if trucks damaged the road. Goman said • it was reviewed last fall and during the winter and after the spring thaw it wasn't as Council Minutes—8/21/06 15 bad as it was during the winter so yes, there was a considerable amount of truck traffic. Rockvatn said that's his point. He asked if there's any way we can go back • and say we've had some problems with these roads and we are looking for some compensation from them or are we past that point. Adolf said at the meeting with Jim Grube from the County he commented JE Dunn had actually damaged the road at Sunset Drive and Adolf told him at that time it would be helpful if he could write a letter to them to that affect. Adolf asked if the City had received that letter and Goman said we had not. Goman said he's supposedly writing one letter regarding the road damage and one letter for the treating of the road surfaces that gets defined. Williamson said it would be nice if he could provide the documentation wherein the City could go to Cornerstone about the damage. A percentage of liability could be determined and the funds could be withdrawn from the escrow. Rockvam said it wasn't only Cornerstone it was Lakeview Lofts development as well. Seifert wondered why the rail authority isn't seeking damage for the staging area and Rockvam said it will be restored. The concern is the damage done on both of the streets. Beck said the developer agreement states there will be repair to any public property including bituminous streets. She said there's no time deadline. Rockvam said then we should pursue that. Goman said he met with Ridgeway of JE Dunn and they did walk the site. Adolf said the background is last fall a letter was written regarding the damage to the road and the City was requesting they do the repair work and they claimed they didn't damage it. Seifert asked why this can't be done later and Goman said there won't be the restoration work of the sidewalk and the pavers. Williamson asked why it can't go off the edges and Goman said it's based on the foundation. He said • the conduit runs at the back edge of the sidewalk and it's two to three feet deep. Roll call,Hughes,Reinhardt,Widmer and Rockvam are yes and Williamson is no. Motion Carried. Reinhardt wanted to add the caveat that when there are items on the agenda without supporting documents a brief memo be included describing the action or what is being requested. 3 Planter Bed at Sunset& Shoreline Goman said approximately $800 was approved for Norling to repair the bed and so far they've spent around$350. Norling is wondering if they should hold off for the remainder of the year of they should add more plantings and it was agreed that it wasn't necessary at this time to add anything else. Goman went on to say at the Council's desk was a printout with Lift Station#6 information regarding landscaping. He said back in June there was an on-site meeting to review the landscaping changes to the lift station site. Goman received a partial proposal from Norling. He quoted about$13,600. It is a modular block retaining wall and a cedar fence. Rockvam wondered where the retaining wall was going to go. Goman said to the east of the lift station between the blacktop and the sidewalk and there would be low growing shrubs. The cedar fence would go between the south side of the building and the sidewalk. The County will not allow a six foot high screen based upon visibility issues. Goman said he's not looking for any action tonight. Rockvam asked about standing on the street, looking at the building,there is grass on the right and asphalt on the other side. He wondered why there can't be grass on both sides. Goman said there can be. Rockvam recommended we lay this over • and Reinhardt agreed stating it was incomplete. Council Minutes—8/21/06 16 e) Administrator • 1. Project List Friesen said the list has been started and it's in the packet for review. She will add the tennis courts and it will be updated on an ongoing basis. 2. Fund Balances YTD Friesen said it was for their review. 3. Cash and Investment Summary 4. Upcoming Meetings -Moratorium with Planning Commission, 8-29-06, 7:00 pm Friesen said they'll be meeting 15 minutes earlier to review the Watershed permit. - V Council Meeting in September is changed to 9-5-06 Friesen stated this is due to Labor Day. -Audit, September 11, 11:30 pm Friesen stated the audit with Gary Groen and Mark is scheduled for 11:30 am, not pm. Reinhardt asked if this was just a review of the 2006 audit and Friesen said to review the audit and have a preliminary discussion about the water fund and type of income and expenses. Reinhardt asked when we needed to certify and Friesen said by the 151h. Friesen said her plan is to get a budget towards the end of the week and it will be the main discussion item at the first meeting in September, the 5`h. Rockvam asked if the figures are in and Friesen said it won't take long to put it together. Rockvam said the LGA funds are very political and he's noticed different newscasts have been mentioning it. Friesen said hopefully what's plugged in is what we get and it won't change. Rockvam said one year they plugged in substantially less than what they were going to get and fortunately what was said • we'd receive we did. Reinhardt asked if the first meeting in September will be the discussion on the budget for next year and Friesen said yes. Friesen said we have to submit to the County by September 15`h a preliminary budget. The County then bases the Truth in Taxation Notices from that. She said you can set it as high as you want. Williamson said not the preliminary budget, it's the proposed levy. Reinhardt feels it's a pretty big deal and she is concerned that they'll only have one meeting to look at it. Rockvam said as long as we make it as high as we can, that's important. Reinhardt said she doesn't like to do it that way. Rockvam said you can't go low. He said if you ever want to save the citizens of Minnesota some money, that system should be done away with. He said it serves no purpose but creating jobs. Williamson said it's pretty dysfunctional. Reinhardt said she read in one of the local papers where Mound's process has been started already. Friesen stated Mound was asking for a percentage increase, 5%, 10%, whatever. She said the Council could recommend tonight something like that, a percentage increase. Williamson said he'd like to see it be under double digits but, if that's impossible, if it's higher there would be a memorandum listing priority items to be cut. Rockvam said in the past they've just looked at it, submitted the figures and in workshops pulled the figures down. - Set Date for Truth in Taxation Hearing (Dec.4 Initial Hearing, Dec. 11 Continuation) Friesen said the date needs to be set and Williamson said he thought they already did that. • Council Minutes—8/21/06 17 Williamson makes a motion and seconded by Widmer that those dates be adopted. All votes were aye. Motion declared carried. • 5. Miscellaneous Williamson wonders if there needed to be a date the night after the primary election to certify the election results. He said it's always been in the past. Rockvam questioned why we'd need to do it for the primary and Friesen said it's not necessary to canvas the primary as there aren't any City offices being voted upon. 8. CLAIMS FOR PAYMENT Hughes makes a motion and seconded by Reinhardt that the bills be paid. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS a) Auto Starts Hughes said the recommendation is to go with the four items. It's the police's recommendation and he asked if Pederson has commented on those and Friesen stated no,the memo just came this afternoon. She said the other item is that the police want consistency and Minnetonka Beach said they were going to consider their use of autostarts but it was postponed. Hughes makes a motion and seconded by Reinhardt to table to the next regular meeting. Rockvam votes no. Motion carried. b)Lift Station#6—Bolander payment Williamson wondered if that was already listed in the claims for payment and Friesen said it was down there because she wasn't sure if it was going to be done at • the meeting. It's been done. Rockvam asked if there was going to be an agreement drafted. 10. NEW BUSINESS &COMMUNICATIONS a) 2007 Preliminary Budget—Friesen had not completed and no handouts provided at this time. 11. MISCELLANEOUS 12. ADJOURNMENT Motion by Williamson and seconded by Widmer to adjourn the meeting at 11:10 p.m. All votes were aye. Motion declared carried. Wendy Lewin Office Assistant Sarah Friesen Administrator/Clerk/Treasurer is Council Minutes—8/21/06 18