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HomeMy WebLinkAbout0604 RegularREGULAR COUNCIL MEETING MINUTES June 4,2001 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, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVAL OF AGENDA: BOYLES: Requested adding an Executive Session to discuss the status of pending litigation. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. APPROVAL OF REGULAR MEETING MINUTES OF MAY 21, 2001 MADER: Asked that on page 8 of the draft minutes a clarification be made to his initial comments to read "Discussed the use of the area of roadway in front of the EZ Stop .... "and that the motion reflect that the vacation of the City's interest excluded any utility rights in the area. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE MAY 21, 2001 MEETING MINUTES AS AMENDED. 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 Animal Warden's Monthly Report. (C) Consider Approval of a Fire Call Monthly Report. (D) Consider Approval of Resolution 01-65 That (1) Approves the Summary of Ordinance 01-04 of the Prior Lake City Code Section 1000 Known as "SUbdivision Regulations", and (2) Authorizes Publication of the Summary Ordinance in the Prior Lake American. BOYLES: Reviewed the Consent Agenda items. MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PRESENTATIONS: NONE. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes June 4, 2001 pUBLIC HEARINGS: Consider Approval of a Resolution Modifying Development District No. 1 and Establishing Tax Increment Financing District 1-3 (Lakefront Plaza). The Mayor declared the public headng open. RYE: Noted that the public headng notice did not specify a time certain, but rather indicated the headng would take place at the regular City Council meeting. Further reviewed the agenda item in connection with the staff report noting the steps taken to date, statutory requirements, and explained the impact of proposed legislation. The staff recommendation was to delay action at this time until staff could analyze the final impacts of any legislative action. MADER: Noted that the requested $950,000 in tax increment was significantly lower than the odginal proposal which was reached after considerable negotiation between the City and the Developer. Also noted that 20% of the tax increment, or the additional tax dollars as a result of the project being developed, would be retained by the City, ultimately recovering $606,000 to then be used for other infrastructure improvements. Asked about the term of the TIF distdct - 20 yrs. vs. 25 yrs. RYE: Advised that the maximum life of a TIF district in a redevelopment distdct is 25 years, but this agreement was structured based upon 20 yrs. The pedod could be extended at some point, but it would require an additional public headng. BOYLES: Cladfied that the public headng had been published in accordance with state statute and that the headng would take place at the regular City Council meeting. The notice had also been provided to the School Distdct and the County. Noted that any approval by the Council at this point is conceptual. pACE: Asked the Mayor to explain this Council's approach to projects of this nature involving tax increment financing. MADER: Advised that there is a significant amount of effort involved in developing a TIF plan. This Council has elected to have a preliminary presentation by the Developer, and to allow staff and the Developer to negotiate a concept acceptable to both parties. Once that preliminary effort was completed, it was brought to the Council for preliminary concept approval, which would give the staff and Developer an indication if the project was being approached in a direction that had support at the Council level, even though no commitments ware being made until such time as a development contract was considered by the Council. Noted that no persons were present to address the Council as part of this public headng. MOTION BY PETERSEN, SECOND BY ERICSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Edcson and Zieska, the motion carded. ERICSON: Asked if taking no action leaves the Council more options. RYE: Advised that until action is taken by the state legislature, there are certain funding issues that remain uncertain. Advised that on a project of this nature the developer bears the dsk in the event the project is delayed. MOTION BY PETERSEN, SECOND BY GUNDLACH TO TAKE NO FURTHER ACTION AT THIS TIME. 2 City Council Meeting Minutes June 4, 2001 VOTE: Ayes by Mader, Gundlach, Petersen, Edcson and Zieska, the motion carded. OLD BUSINESS Consider Approval of Two Resolutions (l) Accepting Bids and Awarding Contract for Street and Utility Construction for 2001 Improvement Project 0'1-11; and (2) Authorizing McCombs, Frank, Roos Associates Inc. to Provide Construction Surveying for Project 01.11. MCDERMOTT: Reviewed the agenda item in connection with the staff report, discussing the bids received, funding sources and the staff recommendations. Also noted that Memodal Trail would remain a one-way street. ZIESKA; Asked if the timing for the project was such that the coming school year would not be impacted. GUNDLACH: Asked if the bid included acquisition and installation of the "vortechnics" storm water structure. MCDERMOTt': Confirmed that the specifications require that the main street in front of the school be completed first. Advised that the bid did include the structure and that an easement was acquired and the structure was included at the last minute in the specifications. MADER: Asked if the addition of the vortechnics structure satisfactorily addressed the surface water concerns of the DNR and Watershed District. MCDERMOTT: Advised that the Watershed Distdct was the only entity concemed with the surface water. The structure will take care of a portion of their concems. Staff is still working with the Watershed Distdct to address issues associated with the storage capacity they ara requiring us to add to the system. MADER.' Cladfied that the Watershed has given permission to proceed with the project even though there are on-going issues. Also noted several typographical amendments to the resolutions. MCDERMOTT: Confirmed. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE AMENDED RESOLUTION 01-66 ACCEPTING BIDS AND AWARDING CONTRACT FOR STREET AND UTILITY CONSTRUCTION FOR 2001 IMPROVEMENT PROJECT 01-11 IN THE AMOUNT OF $1,644,448.55. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carded. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE AMENDED RESOLUTION 01-67 AUTHORIZING MOCOMBS, FRANK, ROOS ASSOCIATES, INC. TO PROVIDE CONSTRUCTION SURVEYING FOR PROJECT 01-11 IN AN AMOUNT NOT TO EXCEED $34,500. VOTE: Ayes by Mader, Gundlach, Petersen, Edcson and Zieska, the motion carded. Consider Approval of a Resolution Accepting the Bids and Awarding the Contract for Construction for the Pumphouse for Well No. 6 (City Project 02.00). OSMUNDSON.' Discussed the bidding process in connection with the staff report and the staff recommendation. 3 City Council Meeting Minutes June 4, 2001 MADER: Asked if the bid included landscaping. OSMUNDSON: Advised staff is doing the finish work for the landscaping so there will be some costs for placement of trees. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-68 ACCEPTING BIDS AND AWARDING THE CONTRACT FOR CONSTRUCTION OF THE PUMPHOUSE FOR WELL NO. 6 (City Project 02-00) TO MUNICIPAL BUILDERS, INC. OF ANDOVER IN THE AMOUNT OF $365,500.00. VOTE: Ayes by Mader, Gundlach, Petersen, Edcson and Zieska, the motion carded. Consider Approval of a Resolution Accepting the Bids and Awarding the Contract for Construction of Trails and Basketball Courts Pursuant to the 2001 Improvement Project 01.11. FRIEDGES: Reviewed the projects and bids received in connection with the staff report and the staff recommendation. ERICSON: Commented that the Council had reviewed the bidding procedures rather extensively in the past and therefore had fewer questions at this point in the process. MADER: Asked about the City's experience with Valley Paving. FRIEDGES: Advised that Valley Paving has completed a number of trails within the City and the service provided was acceptable. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-69 AWARDING CONTRACT FOR CONSTRUCTION OF TRAILS AND BASKETBALL COURTS PURSUANT TO THE 2001 IMPROVEMENT PROJECT 01-11 TO VALLEY PAVING IN THE AMOUNT OF $69,602.50. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carded. Consider Approval of a Resolution Accepting Bids and Awarding Contract for the Purchase and Installation of Playground Equipment at Four Parks Pursuant to the 2001 Improvement Project 01-11. FRIEDGES: Reviewed the agenda item in connection with the staff report, noting that the warranty on the play equipment for Thomas Ryan Memorial Park would not start until May 2002 when the park opened. GUNDLACH: Asked staff's opinion on why more bids were not received. FRIEDGES: Advised that one bidder called to apologize and say they didn't have time to bid the project, another reason could be the time of year. MADER: Also noted that two additional bids were received, one which was withdrawn before the bid opening, and the second was disqualified as it was not a sealed bid. ZIESKA.' Commended staff on handling a difficult bidding process. 4 City Council Meeting Minutes June 4, 2001 ERICSON: Agreed with Councilmember Zieska and asked if the additional $25,120 will be fully utilized to install the curb and gutter. FRIEDGES: Confirmed. ERICSON: Commented that even though the bidding process has been revised in an attempt to gain lower, more competitive bids, we are in effect still spending the same amount. MADER: Clarified that, in general, inflation has to be considered and if the City is able to purchase today the same quality and equipment that it cost the City in the past, there is some sign of benefit. Secondly, there are not firm numbers in terms of those additional items. What staff is confirming is that the $25,000 is sufficient to cover everything. GUNDLACH: Commented that the revised procedure seems to have accomplished what the Council had in mind, and further commended staff. MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-70 AWARDING CONTRACT FOR PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT FOUR PARKS PURSUANT TO THE 2001 IMPROVEMENT PROJECT 01-11 TO MINNESOTA/WISCONSIN PLAYGROUND EQUIPMENT IN THE AMOUNT OF $94,884.00 VOTE: Ayes by Mader, Gundlach, Petersen, Edcson and Zieska, the motion carded. NEW BUSINESS: Consider Approval of an Ordinance Approving a Zone Change from "A" Agricultural to "R4" High Density Residential for the Shepard of the Lake Lutheran Church for Property Located in Section 22, Township 115, Range 22 (Case File 01-014) KANSIER: Reviewed the agenda item in connection with the staff report, bdefly discussing the project and the action requested of the Council at this time. MADER: Asked for clarification as to what sewer and water service can be extended. KANSlI~R: Explained that water service can either be extended from the intersection of Carriage Hills Parkway and CSAH 21, or it could come from Pike Lake Trail, or it could come from the west at County Road 83. Sewer, however, stops at McKenna. So, the issue is the water service extension, which will be determined by the schedule of the County Road 42 project. MADER: Noted that this action is a zoning change which requires a 415t~ vote. MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE ORDINANCE 01-O5 APPROVING A ZONE CHANGE FROM "A" AGRICULTURAL TO "R4" HIGH DENSITY RESIDENTIAL FOR THE SHEPHARD OF THE LAKE LUTHERAN CHURCH FOR PROPERTY LOCATED IN SECTION 22, TOWNSHIP 115, RANGE 22 (Case File 01-014). VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 5 City Council Meeting Minutes June 4, 2001 Consider Approval of a resolution Approving Preliminary Plat to be Known as Park Nicollet Addition and a Resolution Approving the Senior Housing Overlay District for a Sixty. Unit Assisted Care Living Facility. KANSIER: Reviewed the agenda item in connection with the staff report, the care facility project, and the request before the Council. ERICSON: Asked for clarification regarding the park land dedication. KANSIER: Advised that the odginal contract with Park Nicollet stated that we would collect the dedication requirement in effect at the time of platting. The fee to be charged is the new dedication requirement. GUNDLACH: Discussed placement of signs for future businesses, and noted some concerns about how big and what type of a sign would be allowed in the right-of-way, as well as what would best suit the area. MADER: Advised that the resolution does not require that the issue be solved at this point, only that it be addressed with City staff prior to final plat. KANSIER: Confirmed. ERICSON: Asked why the sign needed to be moved at all. KANSIER: Explained that the original agreement with Park Nicollet identified the sign on the other side of the street, and there is also the issue of access to another lot. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-71 APPROVING PRELIMINARY PLAT TO BE KNOWN AS PARK NICOLLET ADDITION. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carded. BOYLES: Suggested specifying in the resolution that one of the modifications included as an incentive is to allow the 3 foot to 5 foot overhang. This will eliminate any question in the future. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE AMENDED RESOLUTION 01-72 AND A RESOLUTION APPROVING THE SENIOR HOUSING OVERLAY DISTRICT FOR A SIXTY- UNIT ASSISTED CARE LIVING FACILITY. MADER: Noted that representatives for the Crystal Care project where present to answer questions. VOTE: Ayes by Mader, Gundlach, Petersen, Edcson and Zieska, the motion carded. The Council took a brief recess. Consider Approval of an Ordinance Amending the Prior Lake Zoning Ordinance to Allow Accessory Structures on Island Lots. HORSMAN: Discussed the proposed amendment in connection with the staff report. 6 City Council Meeting Minutes June 4, 2001 ERICSON: Asked if the proposed accessory structure would be allowed if this area wasn't an island or was somehow connected to the mainland. HORSMAN: Believed that hypothetically, if this was not an island lot, the proposed accessory building would be in compliance at 576 sq. ft. GUNDLACH: Commented that prior to this year, a garage was not permitted across the street from a home. HORSMAN: Confirmed that detached accessory structures are now permitted on lots that are separated by a private road or driveway provided that the lots are combined. MADER: Asked staff to confirm that originally the ordinance did not provide for accessory structures at all without a principal structure. Then with a principal structure detached garages were not permitted in the front yard on riparian lots. The ordinance was then amended to permit detached garages in the front yard under certain conditions. HORSMAN: Clarified that that amendment was specific to riparian lots because their circumstances were unique. Further advised that the original ordinance permitted detached garages for grades that went up from the road, but not down from the road. The amendment then included all front yards on riparian lots to have a detached garage. MADER: Asked if the detached structure specified that the building be used for storage of automobiles. HORSMAN: Confirmed that the structure needed to be used as a garage. MADER: Noted that some of the lots on the island are not riparian lots and so the comparison to the standards for those lots don't equate. ERICSON: Understood that if the lots separated by a pdvate road were combined, then the lots in effect became one riparian lot. Believed that island lots should be treated in the same manner as on the mainland. Wants the same standards to apply. PETERSEN: Also did not support the amendment as proposed and believed that the storage was needed so that island property owners didn't have to haul equipment back and forth all the time. ZIESKA: Asked if principal structures were year-round or limited to cabins. HORSMAN: Advised that homes were limited to seasonal cabins. RYE: Advised that sewer and water service are not provided to Twin Island as on Martinson Island. ZlESKA: Noted that Twin Island is a very unique piece of property with just seasonal cabins and no vehicles. Garage structures similar to those on the mainland should not be necessary as they are only needed for minimal storage. It is important to preserve the environment of the island. The ordinance amendment as proposed appears to adequately address those needs. GUNDLACH: Agreed with the comments made by Councilmember Zieska, and the recommendation by the Planning Commission. City Council Meeting Minutes June 4, 2001 MADER: Advised that an ordinance amendment required a 4/5th vote and commented that failure to pass the ordinance amendment would result in maintaining the current standard which does not allow any accessory structures. Further commented that since there is no vehicular traffic on the island, a 240 sq. ft. structure appears sufficient, and to drive the ordinance based upon a project already started, does not seem appropriate. Supported the Planning Commission recommendation. MOTION BY MADER, SECOND BY GUNDLACH TO APPROVE ORDINANCE 01-XX TO ALLOW ACCESSORY STRUCTURES ON ISLAND LOTS NO LARGER THAN 240 SQUARE FEET. ERICSON: Noted that denial of the amendment does not necessarily mean there is disagreement on whether accessory structures should be allowed, but rather that the issue appears to be the size of any accessory structures. VOTE: Ayes by Mader, Gundlach and Zieska, Nayes by Petersen and Edcson, the motion fails. Consider Approval of a Letter Containing Comments Regarding the Scott County Highway Department 2002-2006 Capital Improvement Program. OSMUNDSON: Briefly reviewed the Scoff County Highway Department 2002-2006 CIP and the comments of staff and Council in connection with the staff report. MADER: Asked if the upgrade of County Road 82 between CSAH 21 and County Road 83 means adding lanes or just upgrading the quality of the road. OSMUNDSON: Advised that the staff would recommend considering both, but the final design is for the County to determine. . GUNDLACH: Asked about the intent of the County regarding County Road 82, and whether there was any chance that the roadway will be turned back. Concerned that the road is being ignored. OSMUNDSON: Advised that the staff provided comments on the County's transportation plan, even though the plan did not show any upgrade even though the future traffic projections indicate otherwise. There has been no indication that the road will be turned back to the City. ZIESKA: Guessed that the traffic counts on 82 are similar to the traffic counts on 21 prior to the upgrade of that road. MOTION BY MADER, SECOND BY ERICSON TO APPROVE THE LETTER CONTAINING COMMENTS REGARDING THE SCOTT COUNTY HIGHWAY DEPARTMENT 2002-2006 CAPITAL IMPROVEMENT PROGRAM. VOTE: Ayes by Mader, Gundlach, Petersen, Edcson and Zieska, the motion carded. OTHER BUSINESS I COUNClLMEMBER REPORTS: ERICSON: Commented that the presentation area in Memorial Park appears to need some attention, even though the Memodal Day ceremony was very nice. BOYLES: Advised that Councilmember Edcson's concerns had been forwarded to Parks Supervisor Al Friedges, and that there would be additional follow up in the Weekly Update. 8 City Council Meeting Minutes June 4, 2001 BOYLE$: Advised that the City was hosting a Grand Opening ceremony for Lakefront Park on Wednesday, July 11~, 6pm to 9pm, and invited the public to attend. Execut/ve Session to Discuss Pending Litigation The Council adjourned to Executive Session to discuss the status of pending litigation item. Upon retuming from Executive Session, the Mayor advised that direction had been given and no formal action was required. A motion to adjourn was made and seconded. The meeting adjourned at 10~n//~ Frank Boyles, City Manager Kelly MelTer, Re~/ding Secretary 9