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HomeMy WebLinkAbout0227 RegularSPECIAL COUNCIL MEETING MINUTES February 27, 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 Coordinator Kansier and Recording Secretary Meyer. APPROVAL OF AGENDA: BOYLES: Requested adding approval of Invoices to be Paid to the Consent Agenda since the Council would not be meeting again until March 19, 2001. MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, the motion carried. APPROVAL OF MINUTES: MADER: Advised that the minutes from the February 20, 2001 regular meeting have not been distributed at this time and will be considered at the March 19, 2001 regular meeting along with the minutes from tonight's meeting. CONSENT AGENDA: (A) Invoices to be Paid. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE CONSENT AGENDA. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: PRESENTATIONS: NONE. PUBLIC HEARINGS: NONE. NONE. OLD BUSINESS Consider Approval of a Resolution Approving a Conditional Use Permit for Excavation of Sand and Gravel for Ryan Contracting on Property Located at the Southeast Quarter Section of Section 22, Township 115, Range 22 Located at McKenna Road. MADER: Advised that this issue was discussed in length at the last regular meeting and noted that the action taken at the last meeting included a negative declaration for an Environmental Impact Statement. Further asked staff to review those conditions in the proposed resolution that have been modified since the last meeting. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes February 27, 2001 BOYLES: Discussed the three areas of change in the modified resolution noting each of the specific changes addressing in particular the issues of monitoring wells, the process in the event of a significant envirenmental contamination, and the recommendations by Liesch & Associates. RYE: Reported that the meetings regarding the issue of the number of monitoring wells was a misunderstanding between the DNR and Scott County as to the type of monitoring wells. Scott County was most concerned with the direction of greund water flow, where the DNR was interested in addressing water quality. Upon further discussion, the County did note that they felt the gravel pit operation would not significantly affect the ground water flow. The recommendation of staff remains installation of one monitoring well for water quality and that there was not a need for three additional wells to monitor ground water flow. ERICSON: Commented that the staff has appeared to cover all of the issues raised at the last meeting. MADER: Commented that while the City has an ordinance that permits gravel excavation, that it must be done by conditional use permit to pretect the public interest. Noted that a public water supply is located near the preposed site as are residential neighborhoods. In considering the conditions for approving the application, and due to the uniqueness of the site, there is an obligation to impose enough safeguards to preserve the public interest. Asked Mark OIson of Liesch & Associates if in his professional opinion an ElS was not required. MARK OLSON (Liesch & Associates): Confirmed that based upon the information in the Environmental Assessment Worksheet and the comments raised by concerned parties, he does not believe the impacts warrant an ElS. MADER: Asked Mr. Olson if he had had a chance to review the staff report and resolution. MARK OLSON: Advised that his professional recommendation is that the conditions imposed by the preposed resolution, including modifications that Liesch & Associates had recommended, adequately protect the environment and adjacent property owners from the proposed mining operation. MADER: Noted a letter from Liesch & Associates dated Feb. 27, 2001 and asked that it be entered into the official record. Asked if there is anything in the proposed resolution that seems arbitrary or unnecessary as far as pretecting the environment. OLSON: Advised that in his opinion the conditions are appropriate. Further noted that several of the conditions must be completed prior to the actual mining which will provide some baseline data that will be compared to data collected as the pit operates so there will be on-going monitoring. MADER: Further commented that there had been requests by both the applicant and the counsel for the Mdewakanton Sioux Community to address the Council on this topic. Noted that in his opinion there is no new information to be previded by the parties. Asked for Councilmember input. ERICSON: Agreed and noted that the positions of each of the parties had been discussed at length during the public hearing process. Also advised that the bylaws do not prohibit any Councilmembers from asking questions of either party. MADER: Further noted that the applicant has requested a 30-day extension before the Council acts on the issue. Believed that no new information would be provided with an extension and that there probably is not a point where there is absolute consensus between all the parties involved. Asked for Councilmember input. 2 City Council Meeting Minutes February 27, 2001 (~UNDLACH: Agreed that there has already been significant information provided and there would be no benefit from an extension. MOTION BY GUNDLACH, SECOND BY ERICSON TO ACT ON THE ISSUE AT THIS TIME WITHOUT ANY EXTENSION AS REQUESTED BY THE APPLICANT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-19 APPROVING A CONDITIONAL USE PERMIT FOR EXCAVATION OF SAND AND GRAVEL FOR RYAN CONTRACTING ON PROPERTY LOCATED AT THE SOUTHEAST QUARTER SECTION OF SECTION 22, TOWNSHIP 115, RANGE 22 LOCATED AT MCKENNA ROAD. GUNDLACH: Asked about the enforcement mechanisms for the conditions. BOYLES: Noted that page 7 of the approving resolution conditional use permit may be revoked at any time if conditions. provides review at one year, but that the there is non-compliance with any of the PACE: Referred to page 4 of the approving resolution at C(10) that discussed that if there is any difficulty with non-compliance, the costs are recoverable. The particular condition would be set forth in the development agreement as well. ZIESKA: Discussed that the $500,000 Letter of Credit is higher than 125%. Asked that the Letter of Credit be specifically 125% or $420,500. Thero was consensus among the Councilmembers that the adjustment should be made. ERICSON: Believes that staff has gone to great lengths and noted his appreciation of staff even though he believes that the use of the property does not support the enjoyment of neighboring properties, or what should be developed within the City. Stated he would not support the motion. MOTION BY ZIESKA, SECOND BY PETERSEN TO AMEND THE RESOLUTION AT ITEMS 4(C)10 AND 4(C)11 TO REQUIRING A LETTER OF CREDIT IN THE AMOUNT OF $420,500 RATHER THAN $500,000. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. GUNDLACH: Noted that his concerns revolved around the noise and environmental impacts and that although he still has reservations, he will support the motion because staff has proposed conditions that appear to address his concerns. MADER: Noted that he would support the motion because the City has an ordinance allowing gravel excavation as a permitted use even though he personally agrees with Councilmember Ericson that he would rather not have a gravel pit within the City. Believes the conditions set forth in the approving resolution imposed the necessary safeguards. PACE: Advised that the conditions imposed in the permit relate to information in the record and are intended to mitigate those impacts or concerns. Conditions were not created here just for the sake of creating conditions. MADER: Believes that is accurate. 3 City Council Meeting Minutes February 27, 2001 VOTE: Ayes by Mader, Gundlach, Petersen and Zieska, Nay by Ericson, the motion carried. NEW BUSINESS: Consider Approval of a Resolution Modifying the City's Municipal State Aid Street System. OSMUNDSON: Reviewed tl'ie agenda item in connection with the staff report discussing the additions and deletions to the City's municipal state aid street system and the effects on funding. MADER: Asked if there is a limit in terms of the miles of streets the City can have in the system, and if that's the reason for changing or deleting segments. OSMUNDSON: Advised that the number of miles in the system is 20% of the total miles of streets within the City. ZIESKA: Asked for confirmation that including the streets in the system does not necessarily mean the project will be completed, but that if it is completed, it has qualified for potential funding. OSMUNDSON: Confirmed and noted that it is important to include many streets in the system that may be way out in the future as far as completion because funding needs are based upon those streets being built up to today's standards and if we show more need there is the potential for receiving more funding. GUNDLACH: Asked why the rest of the ring read wasn't included. OSMUNDSON: Advised that it is already included in the system. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION MODIFYING THE CITY'S MUNICIPAL STATE AID STREET SYSTEM. VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, the motion carried. 01-20 Consider Approval of an Ordinance Approving a Zone Change to the R-2 District and Removing the Shoreland District Designation on the Property Located in Section 28, Township 115 North, Range 22 West. KANSIER: Reviewed the agenda item in connection with the staff report, noting the proposed request before the Council. Reviewed the recommendation of the Planning Commission and discussed the criteria for amendments to the official zoning map and for rezoning from R-1 to R-2. MADER: Believes there are some outstanding issues with the rezoning and that more work needs to be accomplished with staff. Believes that the developer is acceptable to deferring the matter at this time. BOYLES: Confirmed and noted that the Council did have the opportunity to act on the separate Shoreland District issue while deferring the rezoning issue by acting on the second ordinance in the staff report. KAN$1ER: Discussed the property in connection with the limits of the shoreland district. Further discussed the drainage on the property and the recommendation of staff. 4 City Council Meeting Minutes February 27, 2001 ERICSON: Asked for clarification if the lots within the Shoreland District were required to be greater in size than those not in the Shoreland District. KANSIER: Confirmed and explained that lot area for R-1 within the Shoreland District is 20,000 square feet and outside the Shoreland District the requirement is 12,000 square feet. GUNDLACH: Asked how that affected the density for R-2. KANSlER: Advised that the property could still be zoned R-2 to allow clustering development, but the density is based upon the 20,000 square foot lot area. There is then a tiering process that the DNR allows in order to push back the development further from the Shoreland District. Density is based on the minimum lot area. In this case it would be less than 3 units per acre. ERICSON: Commented that his understanding was that the reason it should be removed from the Shoreland District was because drainage was away from Mystic Lake. Now it appears that there are additional issues with lot size. Believed that the reason the property was within the Shoreland District is primarily the proximity to Mystic Lake. GUNDLACH: Asked how the Wilds PUD which is in a Shoreland District was able to have lots smaller than 20,000 square feet. KANSlER: Advised that a PUD does not negate the requirements of a Shoreland District, but didn't not know the details of the Wilds PUD development. RYE: Advised that there is the factor of overall density, which is established by the 20,000 square foot lot size. The Wilds PUD was probably approved under the 20,000 square foot minimum, but much of the area is also golf course which would affect the overall density. ERICSON: Concerned about density of the project, particularly 50 foot lots in an R-1. However, noted that smaller lots are preferable to higher density. The current townhome projects within the City, while very well done with respect to quality, are really getting overcrowded within the spaces provided. Would like to see not having maximum density for all projects and that this Council take a look at reducing overall density. Would support removing the property from the Shoreland District strictly on the drainage issue, but advised he had concerns about the overall project. GUNDLACH: Would support removing the property from the Shoreland District given the drainage. Also concerned about building single-family homes on lots that are 50-60 foot wide. Suggested other alternatives to rezoning the property R-2 in order to manage density, including use of a PUD. MADER; Suggested that the Council focus on the issue of the Shoreland District and allow staff to further work with the developer on the rezoning issue. Supported removing the property from the Shoreland District. MOTION BY MADER, SECOND BY PETERSEN TO APPROVE ORDINANCE 01-01 REMOVING THE PROPERTY FROM THE SHORELAND DISTRICT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY GUNDLACH, SECOND BY PETERSEN TO DEFER ACTION ON THE APPLICATION TO REZONE. City Council Meeting Minutes February 27, 2001 There was some discussion as to whether a specific date of deferral was necessary. STEVE AUCH (Centex Homes): Asked for the earliest date possible for consideration of the rezoning application. MADER: Advised that there is no March 5, 2001 regular meeting, so the earliest possible date would be March 19, 2001 which is a rather extensive agenda. Suggested the first meeting in April, noting it would give staff some time to further fine-tune the application given the differing opinions on how the property should be developed. Commented that there is nothing precluding the developer, staff and council holding a work session in the meantime to provide additional direction. AUCH: Advised that he would certainly like to work with staff towards an amenable solution before that time. Councilmembers (~UNDLACH and PETERSEN accepted the friendly amendment to the motion to include a date certain of April 2, 2001. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council took a brief recess. Consider Approval of a Resolution Approving the Purchase of Equipment through State Cooperative Purchasing for (1) One new 16-foot Rotary Lawn Mower; and (2) a Replacement Skid Steer Loader. FRIEDGES: Discussed the purchase of the 16-foot rotary mower in connection with the staff report. ERICSON: Commented on how well done the analysis was regarding this purchase, and that the process is getting better and more in line with what the Council wanted to see. Supported the staff recommendation. ZIESKA: Asked what the cost was to carry the additional stock for the Jacobsen. FRIEDGES: Didn't have the exact figure, but added that there would be additional costs for carrying two types of stock. ERICSON: Asked if we'd have to acquire additional stock for the purchase of the Toro. FRIEDGES: Advised that the mower would just be incorporated in the stock on hand. MADER: Asked that the resolution include specific language as to the rationale for the higher bid. MOTION BY MADER, SECOND BY ERICSON TO APPROVE RESOLUTION 01-21 APPROVING THE PURCHASE OF EQUIPMENT THROUGH STATE COOPERATIVE PURCHASING FOR ONE 16-FOOT ROTARY LAWN MOWER AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 6 City Council Meeting Minutes February 27, 2001 FRIEDGES: Discussed the rationale for the purchase of the 773T Bobcat in connection with the staff report. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-22 APPROVING THE PURCHASE OF THE 773T BOBCAT THROUGH THE STATE OF MINNESOTA PURCHASING CONTRACT IN AN AMOUNT NOT TO EXCEED $18,439.41. PETERSEN: Commented that it was nice to see staff recommending the Iow bid. MADER: Commented that the Council always would rather take advantage of the Iow bid but it is also important for the staff to let us know when the lowest bid equipment will not meet the City's needs and why. GUNDLACH: Asked where the Bobcat fit into the Equipment Replacement Fund. OSMUNDSON: The current Bobcat was scheduled for replacement this year. The new equipment would not be scheduled for 10 years. There are three Bobcats in the fleet. FRIEDGES: Also noted that just because the equipment reaches it's targeted replacement date, doesn't mean that an extensive analysis and options for the equipment aren't still considered. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution (1) Amending the 2001-2002 Capital Improvement Program Relating to Knob Hill Park Basketball Court and Fish Point Park Trail; and (2) Authorizing the Preparation of Plans and Specifications for Trails and a Basketball Court as Identified in the 2001 Capital Improvement Program. FRIEDGES: Reviewed the recommendation and rationale of staff for requesting that Knob Hill Park and Fish Point Park projects be accelerated in connection with the staff report. ERICSON: Clarified that the acceleration of the projects is to get the construction done all at once without going back in and having the park under construction year after year. FRIEDGES: Confirmed. GUNDLACH: Asked if it was possible to use developer contractors, similar to the case for the Deerfield trail, in order to get a better cost. FRIEDGES: Advised that staff is considering that option for certain segments of the trail. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVING RESOLUTION 01-23 (1) AMENDING THE 2001-2002 CAPITAL IMPROVEMENT PROGRAM RELATING TO KNOB HILL PARK BASKETBALL COURT AND FISH POINT PARK TRAIL; AND (2) AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR TRAILS AND A BASKETBALL COURT AS IDENTIFIED IN THE 2001 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 7 City Council Meeting Minutes February 27, 2001 Consider Approval of a Resolution Approving in Concept the Use of Tax Increment Financing to Fund a Senior Housing Project as Part of the Downtown Redevelopment Effort. MADER: Reviewed the proposed project and the past times that the Council has worked on this project. Noted that the project appears to address some of the concerns and objectives of this council. Discussed the need by the developer for tax increment financing on a pay-as-you-go basis. The action before the Council tonight is to approve the concept for the use of tax increment so that the developer can proceed with his work. PACE: Believes that approval of the resolution is a statement of intent of the Council's willingness to act in good faith. ERICSON: Believes the Council is well informed of this project through its conversations with the City Manager and various work sessions. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-24 APPROVING IN CONCEPT THE USE OF TAX INCREMENT FINANCING TO FUND A SENIOR HOUSING PROJECT AS PART OF THE DOWNTOWN REDEVELOPMENT EFFORT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Settlement Agreement and Authorize Execution of Same in the Matter of Julie Hagen vs. City of Prior Lake. BOYLES: Reviewed the terms of the settlement of the case in connection with the staff report. MADER: Noted that this type of suit, going through the Court process, has the potential to triple in cost. Believes the City did not have any responsibility and the issue has become whether this the best action the Council can take to mitigate damages even though frivolous suits always cost money. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE SETTLEMENT AGREEMENT AND AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE SAME IN THE MATTER OF JULIE HAGEN VS. CITY OF PRIOR LAKE. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Comments on Proposed Scott County Comprehensive Land Use and Transportation Plan. BOYLES: Reviewed the action requested in connection with the staff report. MADER: Asked if there are any items that staff would have concern with as far as Council direction. RYE: Believes the response is consistent with the Council's positions on extending infrastructure into the Township given the past expansive and unregulated development throughout the County, couching our comments in terms of the Urban Expansion Area. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE COMMENTS ON PROPOSED SCOTT COUNTY COMPREHENSIVE LAND USE AND TRANSPORTATION PLAN. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 8 City Council Meeting Minutes February 27, 2001 OTHER BUSINESS / COUNCILMEMBER REPORTS: ERICSON: Advised that a Letter to the Editor last week responding to an article called "Building from a Different Point of View" was not submitted by him, but by another James Ericson. Asked the newspaper to identify the author in such circumstances to avoid future confusion. motion to Frank B~jCi~ made and seconded. The meeting adjou~ Manager Kelry Meyer, Re~'ding Secretary 9