Planning and Parks Committee

City of Wildwood Council Planning/Parks Committee “Planning Tomorrow Today” Minutes from the March 19, 2019 Meeting The Council Planning/Parks Committee meeting was called to order by Chair McCutchen, at 6:31 p.m., on March 19, 2019, at Wildwood City Hall, 16860 Main Street, Wildwood, Missouri. I. Welcome and Roll Call: The roll call was taken, with the following results: PRESENT – (5) ABSENT – (3) Council Member McGowen Council Member Taylor Council Member Bartoni Council Member Jordan Council Member Shea Council Member Stine Council Member Stephens Chair McCutchen Other City Officials present: Tim Woerther, Council Member – Ward 7 John Gragnani, Council Member – Ward 1 Joe Vujnich, Director of Planning and Parks Kathy Arnett, Assistant Director of Planning and Parks Gary Crews, Superintendent of Parks and Recreation II. Approval of Minutes from the Meeting of February 26, 2019: A motion was made by Council Member Stephens, seconded by Council Member Shea, to approve the minutes of the February 26, 2019, meeting. A voice vote was taken to approve the motion, with unanimous, affirmative result. The motion was declared approved by Chair McCutchen. III. Public Comment (opportunity for the public to speak to any Action Item on Tonight’s Agenda). Jeff Bader: expressed concern with Caulks Creek and the erosion issues that are becoming worrisome to residents of the Wildwood Meadows Estates Subdivision; noted frustration is developing with the repair of these erosion issues since several entities have recently completed projects in the area that appear to have worsened the problem (MSD and Ameren Missouri); he was hoping, with the soon to come bridge replacement over Caulks Creek on Strecker Road, that the City, MSD, and Ameren Missouri, might Council P/P Committee Minutes March 19, 2019 Page 1 be able to combine resources to protect the Wildwood Meadows Estates Subdivision from further loss of common ground that is coming very close to homes. Nancy Fischer: wanted to thank City officials for attempting to solve the issues relating to the fish farm on Wild Horse Creek Road; she wanted clarification on the modifications made to the existing sound ordinance and wanted to make it clear the neighbors surrounding the Lisk property are not responsible for having the modifications put in place; she informed the Committee it is still vague on how the fish pens, docks, and motors for the aeration, were installed in the first place without permission from the City. Michael Lisk: projected a power point for reference as he presented his comments; he noted he was still very unclear how an ordinance modification was completed that appears to specifically address his property; he expressed his opinion the City does not have the right to limit his lawful right to complete modifications to his property; he noted for the Committee that many professionals are in conflict with the City Attorney’s opinion on the whole issue; he noted his belief that his rights are being obstructed and he is getting frustrated; he informed the Committee that he believed several Council Members have been involved in shameful conduct concerning decisions and comments that have been made; he presented the history of complaints made by his neighbors and pointed out that Wildwood Code Enforcement Officers determined he was not in violation; he reminded the Committee that two (2) sound studies have been conducted on his property, both of which determined no violations; he wanted to know why these studies were never submitted to voting officials; (At this point Mr. Lisk was asked to wrap up his comments, but he refused) he noted the latest sound expert being hired by the City is nothing more than a professional witness and he believes this will be a waste of money; he stated his opinion the Committee has all the information they need to make an honest decision; he feels the City is hiding evidence for some reason; and he stressed the City Attorney is wrong with all the information/advice he is offering the City and he wants his land use rights restored immediately. IV. Action Items a. Planning Matters – Two (2) Items for Considerations 1. Work Plan for Review of Previous Changes to the Zoning Ordinance and Noise Code for Constant Emitters of Noise (Wards – All) Director of Planning and Parks Vujnich reviewed the Zoning Ordinance and Noise Code for Constant Emitters of Noise for the Committee and then provided an overview on how/why the recent modifications were made. He followed the review with an explanation as to why the Committee has been asked to evaluate the modifications once again for possible improvement. Director of Planning and Parks Vujnich reminded the Committee this issue was discussed at great length and detail at its February 2019 meeting and it was decided that some sort of work plan needed to be developed by the City that would identify possible solutions that are Council P/P Committee Minutes March 19, 2019 Page 2 available and then explore each of them for effectiveness and associated costs. He advised the Department developed a list of key components for consideration that might assist with the suggested work plan: 1. Engage an expert to provide advice and direction in this regard. The Department of Planning had previously contacted Dr. Tom Thunder, from Wisconsin, who has the expertise to assess this situation from all perspectives. Dr. Thunder’s background is as follows: Dr. Tom Thunder, AuD, FAAA, INCE, is both an audiologist and a noise control engineer. He is principal of Acoustic Associates, Ltd. and has over 30 years of experience. He specializes in hearing and acoustics and has consulted on a variety of issues including hearing problems, audibility of warning devices, occupational noise, hearing conservation, environmental noise, acoustical privacy, building mechanical noise, ventilation noise, room acoustics, etc. 2. Invite Dr. Thunder to visit the location and assess the possible solutions or approaches that might be appropriate in this regard. Consideration needs to be given to retrofits of the current equipment with sound abatement improvements, along with berms, landscaping, fencing, and/or both. 3. Evaluate the options with the property owners, and City officials, to determine what is practical, affordable, and effective. 4. Implement the options that have been agreed to by parties to address the sound issue. In addition, Director of Planning and Parks Vujnich advised the Department is also recommending the City Attorney once again review the Zoning Ordinance and Noise Code for Constant Emitters of Noise as it currently exists. Discussions among Committee Members included the following: the fact there is actually no sound violation in this situation; the fact there has been no effort to close the fish farm operation; the opinion, the existing “solution” developed in this matter has not solved any problems at all; the fact that no one on either side of this situation is happy at all; the fact there has not been any summons issued relative to this situation; the opinion this situation needs to be reviewed by “a new set of eyes” for a possible solution; the question whether Dr. Thunder has provided an estimate for his services; the opinion Dr. Thunder might have a new perspective of this situation; the opinion the final recommendations of a solution must be accepted by everyone involved; the opinion the ordinance, as it currently exists, was not inspired by the neighbors making the complaints, but instead was the creation of the City Attorney; the opinion the current ordinance has done nothing to address the sound issues in question; the belief/opinion that, should Dr. Thunder be retained for services, he needs to be made available for a question/answer period in front of the Committee; the question of whether the City did its due diligence with the original inquiry regarding the complaints about the Lisk Fish Farm; the belief the code that was in place at the time the fish farm was originally installed did not provide adequate/and only limited guidance; the question of whether the neighbors complaining did anything on their part to address the sound issue/problem; and the question of whether additional sound studies will be needed, or will Dr. Thunder work off the information provided in the two previous sound studies. Council P/P Committee Minutes March 19, 2019 Page 3 Council Member Woerther commented to the Committee that this situation is going to require an out of the box type solution; that there have been berms proven to reduce airport noise by 50%; his concern with the ordinance as it currently exists; and that the two (2) sound studies that have been conducted should be made available to the Committee for review. A motion was made by Council Member Shea, seconded by Council Member Bartoni, to accept the recommendation of the Department to seek a solution to the noise issue existing with the Lisk Fish Farm. The recommendation is: to engage in discussions with Dr. Thunder in determining his interest and, if so, the costs and timeline for a site visit and other considerations. Along with this action, the Department would also recommend the regulations that are in place at this time be reviewed, while also verifying comments made regarding the equipment issues at the operation, as well as the frequency component of the sound generated by it. The key point is the engagement of a consultant that has the expertise that appears to have been needed to lead to a solution or solutions. A voice vote was taken to approve the motion with unanimous, affirmative result. The motion was declared approved by Chair McCutchen. b. Concerns regarding Caulks Creek Erosion Issues (Wards - Two, Three, Four, Five, Seven and Eight). Director of Planning and Parks Vujnich provided a comprehensive overview of current concerns regarding erosion issues involving Caulks Creek. He noted the recent developments were brought to the attention of the City by Council Member Shea and former Council Member Baugus. The Committee was advised the stability of Caulks Creek is once again being challenged with some residents expressing serious, and legitimate, concern. Director of Planning and Parks Vujnich informed the Committee the Department is providing six (6) options for consideration relative to the Caulks Creek issue with hopes that one (1) or more of them would be undertaken: 1. Seek input from a consultant or consultants with background and expertise upon the current condition of Caulks Creek, particularly in its lower reaches, where recent issues have been identified, i.e. Ameren Missouri, Metropolitan St. Louis Sewer District (MSD), and erosion activity, and obtain a report on next steps to address the matters. 2. Contact the Metropolitan St. Louis Sewer District (MSD) to request a site visit and inspection of the area near the Wildwood Meadows Estates Subdivision and a determination of next steps. 3. Monitor current erosion area at this residential subdivision to determine its current rate of change and circumstances leading to further bank loss. Plot against storm and weather information. 4. Plant water-favoring deep root trees, where erosion is most recent and prevalent, to stabilize the banks. 5. Set aside funding in the 2020 Capital Improvements Program for future steps to manage stormwater issues in Wildwood. Council P/P Committee Minutes March 19, 2019 Page 4 6. Work with federal, State and county agencies to develop a comprehensive plan for management in this watershed, which would need to address funding mechanisms for the future. Discussion among Committee Members included the following: the question of whether the Metropolitan St. Louis Sewer District (MSD) or Ameren Missouri would actually accept responsibility for the current issues regarding Caulks Creek; the concern that some of the recent issues in Caulks Creek were possibly caused by the Metropolitan Sewer St. Louis District (MSD); the opinion that work performed by Ameren Missouri also contributed to the current issues with Caulks Creek; the fact that Council Member Shea has been attempting to address this problem since mid-year of 2018; the fact the current issue in Caulks Creek is not only behind the Wildwood Meadows Estates Subdivision, but the entire length of the creek; the removal of trees by Ameren Missouri was discussed at length; and the opinion we need to submit all flash points regarding Caulks Creek to the Metropolitan St. louis Sewer District (MSD) as soon as possible in order to get in line on repair and monetary requests. A motion was made by Council Member Shea, seconded by Council Member Bartoni, authorizing the Department to proceed with its recommendation to address the most recent issue relating to Caulks Creek and to investigate the long term health and management of this water shed. A voice vote was taken to approve this motion with unanimous, affirmative result. The motion was declared approved by Chair McCutchen. b. Parks Matters – Seven (7) Items for Consideration 1. Wildwood Greenway Corridor – Phase VI (Ward – One) Director of Planning and Parks Vujnich provided an overview of the Phase VI trail project and explained the delays with construction since 2012. He noted a variety of reasons why other priorities kept delaying the entire Phase VI Project, the most recent being the development of Wildwood Community Park. Director of Planning and Parks Vujnich advised the construction of the Phase VI trail system has been authorized by the City Council several times, and now, the Phase VI project is the priority. He noted the Department is now requesting the re-approval of the engineering drawings for Phase VI of the Wildwood Greenway Corridor. A motion was made by Council Member McGowen, seconded by Council Member Shea, to re-approve the engineering drawings for Phase VI of the Wildwood Greenway and forward to City Council for its review. A voice vote was taken to approve the motion with unanimous, affirmative result. The motion was declared approved by Chair McCutchen. Council P/P Committee Minutes March 19, 2019 Page 5 2. Accounting of City Donated Funds to the Pond Athletic Association (PAA) (Ward – All) Assistant Director of Planning and Parks, Kathy Arnett, provided an overview of the donation and support provided by the City each year to the Pond Athletic Association (PAA). She noted this donation/support follows certain directives from the City’s Parks and Recreation Action Plan 2007 which encourages partnerships with unique providers of programs and facilities the City itself does not offer (The Action Plan 2007 was reviewed in 2018 and there were recommended changes, however the changes were minor and did not modify the intent of the original recommendations). Assistant Director of Planning and Parks Arnett advised the City has set aside ten thousand dollars ($10,000.00) once again for 2019 to support ongoing programming for Wildwood youths at the Pond Athletic Association (PAA) facility. She explained without this funding, many Wildwood residents would see higher costs to enroll their children in the leagues and tournaments offered by the Pond Athletic Association (PAA). She informed the Committee as part of this funding, and in being good stewards of its finances, the City has requested accounting reports and other information be provided from the Pond Athletic Association (PAA) of how the allocated funding was directed and used in the previous year. In 2018 the funding overwhelmingly supported Wildwood Residents and Pond Athletic Association (PAA) informed the City the 2019 funding would be applied in very similar fashion. A motion was made by Council Member Shea, seconded by Council Member McGowen, to support/authorize the funding of ten thousand dollars ($10,000.00) to the Pond Athletic Association (PAA) in 2019. A voice vote was taken to approve this motion with unanimous, affirmative result. The motion was declared approved by Chair McCutchen. 3. Draft Request for Proposals (RFP) for Town Center Public Space Area (Ward – Eight) Director of Planning and Parks Vujnich provided an overview/explanation of a draft Request for Proposals for the six (6) acre parcel of ground that was acquired by the City in 2018, immediately west of Wildwood City Hall. He advised that comments and suggestions are being sought from the Committee to be be included in the draft Request for Proposals (RFP) which will be submitted to City Council for its consideration. Director of Planning and Parks Vujnich advised the Request for Proposals (RFP) will have three (3) Major Tasks as a foundation: 1. A thorough assessment of the environmental characteristics associated with the site. 2. Public engagement meetings/process to obtain opinions, ideas, and input from residents of this community on what they would like to be included on this property. 3. All gathered information would be interpreted for the purposes of developing a preliminary design for the property. Council P/P Committee Minutes March 19, 2019 Page 6 Discussions among Committee Members included the following: the project needs to be presented to the public with an explanation and definition of a Village Green; the opinion there is a problem with the title on the draft Request for Proposals; the opinion there has been no formal designation that the six (6) acre tract of land west of City Hall will be developed as a Village Green; the opinion parking areas need to be included in this Request for Proposal draft; the opinion the Public Information Process should be directed towards the original Village Green Concept; the opinion the original Village Green Concept would contribute towards more of an economic component or development goal; events on this tract of land will draw people to the Wildwood Town Center Area; and the question of why more of the City’s large events are not being planned at Community Park. Director of Planning and Parks Vujnich advised the Department would make adjustments/changes to the draft Request for Proposals and bring the document back at the April meeting. 4. Kayak Day on the Meramec River (Wards – All) Director of Planning and Parks Vujnich explained an inquiry/request was submitted to the Chair of the Committee in January concerning a Kayak Day (a float) on the Meramec River. He noted the suggestion was an excellent one that could prove very popular, providing an exceptional experience for many Wildwood residents. However, Director of Planning and Parks Vujnich pointed out organizing such an event for 2019 would prove very difficult financially and from a staffing perspective. He noted the event could be a definite consideration for 2020 programing when it could be included in the budget and possibly replace an existing event. A motion was made by Council Member Shea, seconded by Council Member Bartoni, to discuss a Meramec River Float Event when budget preparation begins for 2020. A voice vote was taken to approve the motion with unanimous, affirmative result. The motion was declared approved by Chair McCutchen. 5. Ward Five Neighborhood Park Bid Schedule (Ward – Five) Assistant Director of Planning and Parks Arnett provided an update on the status of the proposed Ward Five Park. She noted the Invitation for Bids was published on March 18, 2019, with opening scheduled for Tuesday, April 2, 2019. Assistant Director of Arnett advised the Committee, in an effort to get the park project underway as early as possible, the April Committee meeting could be moved to an earlier date or, a special Planning and Parks Committee meeting could be scheduled to discuss the bid results and recommend pursuance of a contract. Council P/P Committee Minutes March 19, 2019 Page 7 A motion was made by Council Member Bartoni, seconded by Council Member McGowen, to schedule a Special Planning and Parks Committee Meeting before the regularly scheduled Committee Meeting on April 16, 2019. A voice vote was taken to approve the motion with unanimous, affirmative result. Assistant Director of Planning and Parks Arnett advised the Committee she would notify them of a date convenient to all. 6. Update Report on Facility Reservations, Event Registrations, and Ongoing and Long-Term Maintenance Costs for Parks and Trail Facilities (Ward – All) The Committee was advised to review the attached memorandum and contact Assistant Director of Planning and Parks Arnett with questions. 7. Update on Parks and Recreation Action Plan (Ward – All) The Committee was ask to review the attached memorandum and contact Superintendent of Parks and Recreation Crews with questions. c.) Executive Session Matters – One (1) Item for Consideration Executive Session Pursuant to RSMO 610.021 (2) Lease, Purchase, or Sale of Real Estate A motion was made by Council Member Bartoni, seconded by Council Member McGowen, to move into Executive Session Pursuant to RSMO 610.021 (2) Lease, Purchase, or Sale of Real Estate. A roll call vote was taken to approve the motion, with the following results: Ayes: Council Members McGowen, Bartoni, Shea, Stephens, and Chair McCutchen. Nayes: None Absent: Council Members Taylor, Jordan, and Stine. The motion was declared approved by Chair McCutchen. Time: 8:31 p.m. A motion was made by Council Member Bartoni, seconded by Council Member McGowen, to extend the meeting past 8:30 p.m. A voice vote was taken to approve the motion with unanimous, affirmative result. The motion was declared approved by Chair McCutchen. A motion was made by Council Member Bartoni, seconded by Council Member Shea, to adjourn Executive Session Pursuant to RSMO 610.021 (2) Lease, Purchase, or Sale of Real Estate. A roll call vote was taken to approve the motion, with the following results: Council P/P Committee Minutes March 19, 2019 Page 8 Ayes: Council Members McGowen, Bartoni, Shea, Stephens, and Chair McCutchen. Nayes: None Absent: Council Members Taylor, Jordan, and Stine. The motion was declared approved by Chair McCutchen. Time 8:37 p.m. V. Not Ready for Action – Planning and Parks Matters – Ten (10) Items Nothing ready for discussion VI. Other Matters Council Member Shea questioned whether a resident had contacted the Department regarding its interest in the development of sand volleyball courts and that she would like the matter added to a future agenda. Staff noted they had not been contacted, but would add the discussion item to a future agenda. Other matters of discussion were postponed to the April meeting. VII. Closing Remarks and Adjournment. Director of Planning and Parks Vujnich and Chair McCutchen summarized the evening’s meeting and a motion was made by Council Member Shea, seconded by Council Member Stephens, to adjourn. A voice vote was taken to approve the motion, with unanimous, affirmative result, and it was declared approved by Chair McCutchen at 8:38 p.m. Council P/P Committee Minutes March 19, 2019 Page 9