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HomeMy WebLinkAboutAgenda & Minutes Downtown Redevelopment Work Session - 5:30 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. (Mark Schroeder - P.L.A. Y. ProposaD REGULAR COUNCIL MEETING AGENDA 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m. 2 APPROVAL OF AGENDA: 3 CONSIDER APPROVAL OF MARCH 19,2001 MEETING MINUTES: 4 CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as pari of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category. A) Consider Approval of Invoices to Be Paid. B) Consider Approval of Recycling Grant Agreement with Scott County for 2001 Spring Clean-Up Day (April 28, 2001) C) Consider Approval of Final 2001 City Manager Performance Objectives. 5 ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS: A) Mediacom Status Report on Launch of Digital Services and Customer Service (Bill Jensen) B) Scott County Update (Barb Marschall and Dave Unmacht) 7 PUBLIC HEARINGS: NONE. 8 OLD BUSINESS: A) Consider Approval of an Ordinance Approving a Zone Change to the R-2 District on the Property Located in Section 28, Township 115 North, Range 22 West (Case File 01-001). 9 NEW BUSINESS: A) Consider Approval of a Resolution Appointing the Firm of Abdo, Eick and Meyers to Perform the City's Financial Audits for Fiscal Years 2001 and 2002. B) Consider Approval of a Resolution Authorizing the Purchase of Two Vehicles under the State of Minnesota Purchasing Program. C) Consider Approval of a Resolution Approving in Concept Financial Assistance to Fund an Assisted Living Project for Senior Citizens Proposed for the Park Nicollet Property and known as Crystal Care. D) Consider Approval of a Resolution Approving a Purchase Agreement with the Department of Housing and Urban Development to acquire a property at 16812 Creekside Circle, and a Purchase Agreement for the Sale of the Same Property to R & K Sales, Inc. E) Consider Approval of Economic Development Authority Bylaws. F) Consider Approval of a Resolution establishing a Per Diem for Planning Commission and Economic Development Authority Commissioners. 04020 I .... .....-.-.............,........ . ......~.... 'T~.""-'.' ... . G) Consider Approval of a Resolution in Support of Legislation to Restrict the Sale of Phosphorus Lawn Fertilizer. 10 OTHER BUSINESS/COUNCILMEMBER REPORTS: A) Executive Session to Discuss Pending Litigation. 11 ADJOURNMENT 040201 - -----.-..... --.--. -11.... .. ..'_.._..m_..~..__.____.._.._____......_ . .. REGULAR COUNCIL MEETING MINUTES March 19, 2001 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Petersen, Gundlach, Ericson and Zieska, City Manager Boyles, City Attorney Pace, Planning Director Rye, Public Works Director Osmundson, Planning Director Rye, City Engineer McDermott, Planning Coordinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVAL OF AGENDA: ERICSON: Asked that Item 9C (Consider Approval of a Resolution Authorizing Preparation of Plans and Specifications for Playground Equipment as identified in the 2001 Capital Improvement Program) and 9D (Consider Approval of a Resolution Relating to Picnic Shelter Construction in 2001 and Changi' . . 5 CIP) be the first AL OF MINUTES: eeting Minutes of February 20, 2001 MADER: sked to add an item under Other Business to discuss the City Manager's 2001 objectiv BOYLES Shorew MADER: , ntence be amended to read "Staff noted that the amount included $100,000 for road maintenance, as well as landscaping and was increased from the original :1g.<:eed !/peR proposed amount to ...... ". Also noted a typographical error on page 13. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE THE FEBRUARY 20, 2001 MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, and Zieska, the motion carried. Ericson abstained. Special Meeting Minutes of February 27, 2001 MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE FEBRUARY 27, 2001 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~~-'-'-"'--'--"~-~--_.'-'----"---'--~"""""1r-----r-------.-.----. IIi City Council Meeting Minutes DRAFT March 19, 2001 (D) Consider Approval of Animal Warden Monthly Report. (E) Consider Approval of Preliminary 2000 Fourth Quarter Budget Report. (F) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Church of St. Michael April Fest. (G) Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute an Agreement between the City of Prior Lake and Council 14, Local 3884, American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO. MADER: Removed Item 4E (Consider Approval of Preliminary 2000 Fourth Quarter Budget Report). BOYLES: Reviewed the remaining Consent Agenda Items. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE REMAINING CONSENT AGENDA. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ITEMS MOVED FROM THE CONSENT AGENDA: 4t Quartr Budget Report ill;!!! MADER: [tfigh budgets IlVithin Librariesllmbut th it',;: costs. . '0 no excellen onf budgete an Believed hat e surplus was a good In reduce t levy were appropriate. all of the ation and additional which is ervatively ast year. made to MOTIO BY ERICSON TO APPROVE THE PRELIM ARY 4TH QUART VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. PRESENTATIONS: Swearing In Ceremony for Police Officers. O'ROURKE: Briefly provided a background of each of the new officers and introduced Leah Patterson and Katherine Quinn for swearing in. Mayor MADER led the swearing in ceremony as both Leah Patterson and Katherine Quinn took the oath of office. PUBLIC HEARINGS: NONE. 2 I.. City Council Meeting Minutes DRAFT March 19, 2001 OLD BUSINESS Neighborhood Informational Meeting for 2001 Public Improvement Project and Consider Approval of a Resolution Ordering the Improvements. BOYLES: Reviewed the history of the item to date in connection with the staff report. McDERMOTT: Reviewed the five areas of most concern to the neighborhood including method of assessment, sidewalks, tree replacement, alley and Memorial Trail, and discussed the rationale for the staff recommendation. ERICSON: Asked about the location of the sidewalks, and discussed the need for a sidewalk through the park. McDERMOTT: Discussed the proposed location of the sidewalks and advised that no sidewalks are proposed for northerly St. Paul Avenue due to the driveway grades. Advised that the sidewalk through the park . . . ERICSO snow-sh could a change N: Also advised that between Memorial Trail north to County Road 44 could b nd may be relocated. ners for n the City ssary to ZIESKA: the City r service, GUNDLA : Asked if it was possible to hold the special assessment hearing prior to the constru inning of BOYLES: Advised that the special assessment hearing could be conducted prior to construction, but advised that the Council's previous conclusion was to conduct the hearing at or about the time the project is concluded. Discussed the issues with completing the streets during the summer and the notification process. MADER: Noted that one of the reasons for holding the special assessment hearing further into the project is that the numbers are better. Asked if there was an informational meeting scheduled. TESCHNER: Commented that there are three reasons for conducting the assessment hearing as late as possible. First, we can get a better handle on the costs. Secondly, it gives the property owners a chance to see something for their money, and third, there are less interest costs than if the project is assessed right away. McDERMOTT: Advised that an Informational Hearing is scheduled with staff and the neighborhood next week. MADER: Clarified that the action tonight was to order the project which authorizes the preparation of plans and specifications, and that the Council would see the item again to approve the specifications and eventually the award of bid. 3 -------------------------'--.,'----.------'lr-------T"""-----------------------------------, - r n City Council Meeting Minutes DRAFT March 19,2001 MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-26 ORDERING THE 2001 PUBLIC IMPROVEMENT PROJECT. ERICSON: Discussed the method of assessment and the City's effort to equitably and reasonably assess the properties. Believes the Council has considered alternative ideas. Noted that in this particular area, the residents are paying considerably less than similar project would in other parts of the City. Supported the motion. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Receiving Feasibility Report for the Ring Road, Ordering Plans and Specifications and Authorizing Appraisals of Benefited Properties. OSMUNDSON: Discussed the item in connection with the staff report. BOYLES: owners constru Toronto ERICSO property s of the MADER: for the with the rm plans cuss ions OSMUNDSON: Clarified that once the appraisals are received, the City will know more about the total cost for the project. Further advised that if it is determined that assessments are necessary, staff would come back to the Council to amend the feasibility report and set a date out further for the public hearing. MADER: Discussed the road construction through the Park Nicollet project in connection with the Crystal Care project and the development of the ring road. Suggested that it would be beneficial if the construction on the Park Nicollet project could happen at the same time. MOTION BY ERICSON, SECOND BY ZIESKA, APPROVING RESOLUTION 01-27 RECEIVING FEASIBILITY REPORT, ORDERING PLANS AND SPECIFICATION AND AUTHORIZING APPRAISALS OF BENEFITED PROPERTIES. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 4 . ., City Council Meeting Minutes DRAFT March 19, 2001 NEW BUSINESS: Consider Approval of a Resolution Authorizing Preparation of Plans and Specifications for Playground Equipment as Identified in the 2001 Capital Improvement Program. [Moved from Item 9C on the agenda.] FRIEDGES: Reviewed the item in connection with the staff report. Discussed the process for specifying and bidding the playground equipment. Suggested using a similar process to last time. BOYLES: Asked for clarification that the action requested is to authorize preparation of plans and specifications, then come back to the Council to approve the plans and specifications. FRIEDGES: Confirmed. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 01-28 AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR PLAYGROUND EQUIP : Asked staff to consider the issues raised by a particular vendor the last time e City bid equipment regarding paint and using galvanized poles versus aluminum. w e several endors to n asking d not feel obligate intend to sacrifice quality or meeting the needs of the parks. The City ultimately seeks the lowest responsible bidder. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Relating to Picnic Shelter Construction in 2001 and Changing the Location of Picnic Shelter Construction from that Proposed in the 2001-2005 Capita/Improvement Program. [Moved from Item 90 on the agenda] FRIEDGES: Reviewed the agenda item in connection with the staff report. noting that there will still be six shelters constructed, but that staff would just be rearranging the construction order. MADER: Asked the approximate cost per shelter. FRIEDGES: $12,000-$13,000 per shelter. 5 City Council Meeting Minutes DRAFT March 19, 2001 MADER: Asked if Lakefront Park draws so many people, how we can justify removing the shelter from Lakefront Park. FRIEDGES: Discussed the shelter structures at Lakefront including the pavilion with its porch, the upper lot shelter, one shelter is still recommended for construction, and a gazebo is proposed in 2003 CIP. BOYLES: Asked if there was any sort of roof or awning planned for the arbor to provide some shade. FRIEDGES: Advised that the issue could be looked into, but nothing is planned. ERICSON: Noted that the band shelter is also slated for completion this year. OSMUNDSON: Noted the staff is currently working on the CIP for 2002-2006 and items can be added or changed at that point as well. Consid Compfi Towns CONSTRUCTION MENT PROGRAM. es Mader Gundlach Petersen, Ericson a d Zieska, the motion carried. TING TO PICNIC CAPITAL MOTIO PICNIC SHEL T IMPRO VOTE: ke 2020 and 24, KANSIE Discussed the Com rehensive Plan Amendment re uest in connection with the ff report, discussi , pplicant's ability to farming the property, the tax advantages of the Ag Preserve program, the City's ability to provide services to the site, and protection from eminent domain. MADER: Reminded the Council that tonight's action is not a public hearing, noting that the pUblic hearing process was conducted at the Planning Commission level. Commented that both the Planning Commission and Councilmembers have been under considerable pressure by the public due to significant misinformation that has been circulated, and discussed some of the inaccurate statements circulated. Commented that staff has done an excellent job putting the facts back into perspective so the Council's decision can be based upon the specific criteria. Discussed the resolutions proposed by staff and the options before the Council. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-30 DENYING THE PROPOSED AMENDMENT TO THE 2020 COMPREHENSIVE LAND USE PLAN LAND USE MAP FOR THE PROPERTY LOCATED IN SECTIONS 23 AND 24, TOWNSHIP 115, RANGE 22. GUNDLACH: Commented on his personal meeting with Mike and Becky Vierling and the snowballing effect with misinformation that was initiated by the applicant's own counsel. Based upon the facts in this issue and the criteria for making the decision, determined that he would support a motion to deny the request. 6 City Council Meeting Minutes DRAFT March 19, 2001 PETERSEN: Discussed how there was relatively no tax impact for the property by the Ag Preserve program and could not support granting the request to amend the Comprehensive Plan. ERICSON: Commented that he has been on both sides of the issue, and believes that the $468 does not show appreciable benefit to even consider a Comprehensive Plan amendment. Further noted that the City does not have any plans for the property and that its development is in the hands of the owner. ZIESKA: Believes that much of this issue has been about emotion, but that when considering the facts does not believe there is justification for amending the Comprehensive Plan. Discussed another instance in which the Comprehensive Plan was changed for property on the northeast corner of County Road 18 and County Road 42, where the land was changed from residential to commercial- office park. The land is directly across the street from the Vierling property and changing the designation to commercial has not affected how those property owners enjoy or use their property. The only .. KANSIE Reviewed the criteria by which the City considers Comprehensive Plan A includin he goals and objectives listed in the Comprehensive Plan, the purpose of th designa n, and the development location criteria f. the pro osed desi nation. MADER: with the criteria the City's expecta e request was gra m in two years. D that one of the c or sewer availabl rty. [Staff confirm ell below capacity elude the Vierling made by the applicant's attorney that the City intended to develop the site for public buildings. [Staff confirmed that there were no plans in place for City development of the property]. Asked the City Attorney if there is anything in the application or the supporting documentation that would indicate that the City Council would be acting inappropriately. PACE: Advised that based upon the comments from the Council members and the staff report, and assuming that the views of the staff report are consistent with the view of the Council, the designation in the Comprehensive Plan appears to be appropriate. MADER: Asked if the Comprehensive Plan already in place reflects the previous desires of the property owner. Also asked for clarification that the responsibility for verifying a change in the Comprehensive Plan rests with the applicant. KANSIER: Advised that in 1993, the Vierling applied to remove this site from the Ag Preserve program and when the Comprehensive Plan was updated in 1995, the future designation was based upon the fact that the owners did intend to remove it. PACE: Advised that the issue of responsibility for demonstrating a change to the Comprehensive Plan is a legal standard borne by the applicant. 7 .................---~._--_...._----_....~.._---_.....fi..._._..-T._.---.--.-........-....-. r Ii City Council Meeting Minutes DRAFT March 19, 2001 MADER: Did not believe that any of the information presented by the applicant's attorney provided any plausible justification for the Comprehensive Plan amendment under the criteria. Supported the motion to deny the application. GUNDLACH: Agreed with the conclusion from the staff report and read verbatim (page 7, second bullet) regarding the purpose of the Comprehensive Plan. Further commented that the Comprehensive Plan use was appropriate. MADER: Asked staff to clarify if the information submitted by the applicant's attorney regarding the MUSA. KANSIER: Explained the undesignated or floating MUSA concept which includes this property in the primary allocation area and there is approval from the Met Council to provide utilities. MADER: Asked if there was any other land in Prior Lake enrolled in the Ag Preserve program. KANSIE riefly reviewed the project in connection with the staff report. ractical in KANSIE the fore VOTE: Consid South. MADER: ked if all the details of the Ian meet the Cit 's ordinances. KANSIER: Advised that the preliminary plat does meet all the City's zoning and subdivision ordinances, or will with minor modifications. MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-31 APPROVING THE PRELIMINARY PLAT TO BE KNOWN AS THE WILDS SOUTH. ERICSON: Commented that he liked the size of the lots and this type of development, and would like to see more of this type of development. ZIESKA: Asked about how difficult snowplowing will be with the center islands in the cul-de-sacs. OSMUNDSON: Advised that it isn't an ideal situation, but that staff was comfortable with the proposal. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 8 City Council Meeting Minutes DRAFT March 19, 2001 Consider Approval of an Interim Ordinance Imposing a Moratorium on Excavation and Mining Operations in Order to Allow the City to Study the Treatment of Such Uses in the Context of Zoning. MADER: Explained the purpose of the agenda item and the need for further study on this item. Also noted that this item would not affect the conditional use permit granted to Ryan Contracting. PACE: Commented that the ordinance had been reviewed with the City Manager and Planning and Public Works Departments, and clarified that the moratorium could affect the conditional use permit of Ryan Contracting at its renewal. BOYLES: Reviewed the proposed ordinance and discussed the proposed study itself and the staff's recommendation for approval. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE ORDINANCE 01-02 IMPOSING A MORA T VOTE: MADER: the obje everaI of iscussed PETERSEN, SECOND BY GUNDLACH TO APPROVE THE Legislative Support for Prohibiting the Use of Phosphorus Fertilizer BOYLES: Noted that the resolution proposed by the City of Shorewood is intended to garner support for legislation banning the use of phosphorus lawn fertilizers, and because the Council had previously supported such action by adopting its own ordinance regulating phosphorus fertilizer, he felt it was appropriate to bring this item to the Council. ERICSON: Commented that he would prefer to see the entire bill and its statewide impacts before issuing support. There was consensus among the Council that a closer review of the bill is necessary. Signs Ordinance Enforcement GUNDLACH: Discussed the continued problem with temporary signs and suggested that staff further follow-up with additional enforcement measures, particularly with developers. 9 .-.----.-----..---.-.....r-.- I III City Council Meeting Minutes DRAFT March 19,2001 MOTION BY GUNDLACH, SECOND BY ERICSON TO DIRECT STAFF TO ADDRESS FURTHER EFFORTS TO ENFORCE THE SIGN ORDINANCE. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ERICSON: Asked the staff to keep an eye out for the census information. GUNDLACH: Asked about the status of the library/resource center. BOYLES: Advised that a report is forthcoming and needs to be further reviewed by staff at this point. MADER: Discussed the Met Council's initiative to score communities based upon their affordable housing efforts, and the use of those scores to determine eligibility for funding. Asked staff to follow- up with Councilmembers to what extent the Council wants to appear at an upcoming hearing. Further advised that he had received several comments on the quality and level of service provided by our snowplo . . . . . Franklin Trail are that thanked the City for cleaning up the T J Towing site. sked about the status of the EDA bylaws. fOllOW-Up 10