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HomeMy WebLinkAbout110303 Regular16200 Eagle Greek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES November 3, 2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCF. Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska and LeMair, City Manager Boyles, City Attorney Schmitt, Public Works Director Osmundson, City Engineer McDermott, Public Works Coordinator McCormick, Planning Coordinator Kansier, Planner Cynthia Kirchoff, and Administrative Assistant Meyer. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. Boyles: Reviewed the procedure for the public forum. 'No persons were present to speak at the Public Forum. APPROVAL OF AGENDA: Hauflen: Requested adding as item 10G a discussion regarding the TH13 / 150th Street intersection with respect to high school traffic. Boyles: Requested removing Item 5E Bluff Heights Apartments. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE OCTOBER 20, 2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Blomberg, Zieska and LeMair, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (Bi Consider Approval of Resolution 03-180 Approving an Equipment Sharing Agreement between Scott County and Scott County Cities. (C) Consider Approval of a Temporary 3.2 Non-Intoxicating Liquor License for the Prior Lake Rotary Club. (D) Consider Approval of Resolution 03-181 Authorizing Payment of $200,000 to Keystone Communities. (E) Consider Approval of a Resolution Approving the Common Interest Community Number 1136 (Bluff Heights Apartments) ClC Plat. REMOVED (Fi Consider Approval of Resolution 03-182 Approving a Registered Land Survey for Lots 17, 20 and part of Lot 21, Inguadona Beach. (G) Consider Approval of Resolution 03-183 Waiving Platting Requirements for the Subdivision of Property Located in Section 1, Township 114, Range 22. www.cityofpriorlake.com Phone 952.447.4230 / Fax952.447.4245 City Council Meeting Minutes November 3, 2003 BOYLES: Reviewed the Consent Agenda items. MOTION BY BLOMBERG, SECOND BY LEMAIR, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PUBLIC HEARINGS: Public Hearing to Consider Approval of On. Sale Intoxicating and Sunday Liquor Licenses for Perron's Sul Lago, Ltd. Boyles: Introduced the item and explained the public headng process. Mayor Haugen declared the public hearing open. No persons were present to comment. Bill Perron (owner of Perron's Sul Lago): Discussed his commitment to and investment in the Burnsville community. Commented that he is excited to invest in Prior Lake. Introduced his son-in-law and chef Todd Perron. MOTION BY ZIESKA, SECOND BY LEMAIR, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. LeMair: Asked about the style of the restaurant and the type of food, and the timeline for opening the restaurant. Todd Perron: Advised that the atmosphere would be personal and serve classic Italian food. The opening is targeted for March. Zieska: Asked if it is possible to prorate the liquor license fee from the date of opening rather than the date of approval. Schmitt: Advised that the applicant needs to know as of today in order to determine if the project can move forward and the ordinance provides the proration upon approval. Blomber.q: Asked if there had been problems with any other suspension or revocation of liquor licenses. Todd Perron: None. MOTION BY ZIESKA, SECOND BY BLOMBERG, APPROVING AN ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR PERRON'S SUL LAGO, LTD. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Each of the Councilmembers noted their excitement for the project. PRESENTATIONS: P.L.A. Y. Presentation of Contribution for Ball Field Improvements. Boyles: Reviewed the agenda item in connection with the staff report. 2 City Council Meeting Minutes November 3, 2003 Mark Schroeder on behalf of PLAY presented a $34,000 check to the City. Schroeder: Thanked Parks Supervisor Al Friedges on his tremendous effort and the efforts and dedication of his staff. Also asked that PLAY, the School District and the City begin meeting to address a master plan and cooperative efforts with respect to play field usage in order to meet the needs of our growing community. Lastly commented on the number of tournaments PLAY is able to bring to Prior Lake by virtue of the continued quality of our play fields. Fried,qes: Thanked PLAY for their support and appreciation and discussed additional projects the City would like to cooperatively pursue. Three Rivers Park District Presentation on Master Planning for Spring Lake Regional Park. Osmundson: Introduced the item and Don DeVoe of Three Rivers Park District. Don DeVoe (Three Rivers Park District): Discussed the history and planning process for Spring Lake Regional Park and the realignment of CSAH 12. Advised that although the realignment for CSAH 12 has changed from the 1981 plan, the recreational opportunities for the park have not change. In favor of the proposed CSAH 12 realignment as well as the picnicking opportunities it may create. Further discussed the plans for the park, noting that the water quality in Spring Lake and the slopes are not conducive to public swimming, or a boat launch. The plan does include a non-lake access play area with some type of water feature and picnic area, as well as concession and restroom facilities. A fishing pier and shoreland fishing is likely. Also discussed the plan to vacate part of CSAH 81 for the purpose of new trailway. The only vehicular use of the park would be from the north on CSAH 81. The center 27 acres of the park would be for RV camping and facilities. There would be limited access to Prior Lake from Northwood Road. At this point, the park plan is not funded in the Three Rivers Park District 5 year CIP, but considerable discussion has occurred with the City and County about the purchase of the extreme northwest portion for community ball fields. Blomber,q: Asked for clarification as to "water play" features. Also asked about parking for the picnic area. Vohs: Explained that the play areas would probably include things like wading pools and sprays, not giant slides. Further noted that the underpass will be for vehicles and pedestrians. Petersen: Asked about cabins. Vohs: Noted that the program is very popular and is likely to be highly sought. LeMair: Asked about a more definite timeline. Dou,q Bryant (Three Rivers Park District): Advised that most of the money for the Met Council parks program is provided through the State. The only way to move forward is to get grant money, and projects in Scott County have not been getting the funds necessary to address.the growing population. The County has been working to change the attitude of the legislature to change the allocation to Scott County areas. The only other funding mechanism is through the taxpayer by bonding. Further commented that in the past, the realignment of CSAH 12 has been the hang up. Now it looks as though that project is moving forward. Also commented that the addition of community play fields would not adversely impact the planned development of the park, but would rather supplement the other develop of the park. The primary purpose for regional parks is active recreation. Haugen: Asked if there will be additional opportunities for public input, and if the annexation area is included in the projections and planning. 3 City Council Meeting Minutes November 3, 2003 Bryant: Noted the several opportunities for public input prior to November 20th. Petersen: Asked the rationale for the name Three Rivers Bryant: The name identifies the watershed and implies a natural resource organization. Bo¥1es: Noted that the Spring Lake Regional Park has now been fully annexed into the City of Prior Lake. Offered his help in any way to move the project forward. Haugen: Commented that the acquisition of land within Spring Lake Park addresses the future needs of PLAY and our community. In addition, with the m. oney spent to acquire the land, those dollars come back into the Scott County area. So, it's double the benefit for one cost. Report on Activities of Scott County Association for Leadership and Efficiency (S.C.A.L.E.) Bo¥1es: Reviewed the efforts of the group to date in order to provide more cost-effective and streamlined services, noting the newest areas of cooperation including equipment sharing, cooperative purchasing those items not provided for under the state contract, cooperative training, and a possible joint police/fire training facility. Also noted that the word has spread throughout the organizations by including Public Works Directors, Police Chiefs and Fire Chiefs to solicit their input. Hau.qen: Added that the SMSC and Townships have also been invited to share in activities of the SCALE group. Proclamation for Youth Appreciation Week for the 2nd Week in November, Mayor Haugen read a proclamation declaring the 2n~ week in November as Youth Appreciation Week in Prior Lake. OLD BUSINESS Consider Approval of a Resolution Approving the Recommended Traffic Safety Improvements Along Wilds Parkway. McCormick: Reviewed the agenda item in connection with the staff report. LeMair: Asked if along the driving range there is room to cut in parking spaces, rather than parking along one side of the road across the street. Osmundson: Advised that thero hadn't been any analysis completed, but that there would likely be some significant costs. Zieska: Asked if the 11.5 foot lanes is an MSA standard, and if the current problem with crossing the center line is because the centerline is at 16.5 feet on center. McCormick: Confirmed. Blomber.q: Believed there is conflicting information on the minimum design standard. Asked if the Wilds Golf Club has adequate parking for their business practice. 4 City Council Meeting Minutes November 3, 2003 McCormick: Did not have information on the parking requirements for the Golf Club. Hau,qen: Asked about the speed on the roadway. Zieska: Also asked the Police Chief to comment on the number of local residents that were stopped versus pass through residents. Maria Cote: Advised that information on speed was collected on three different occasions. Commented that there did seem to be a larger number of cars traveling the roadway mostly likely due to the construction on CSAH 83. Also noted that speeds on the roadway were regularly higher than they should be. Hau,qen: Clarified that speeding in the south bound direction in 2001, 2002 and 2003 increased from 20% to 30% to 60%. Maria Cote: Confirmed. Chief O'Rourke: Added that monitoring of the roadway indicates that most offenders are either residents of the area, or persons attending the golf club. Did believe that this year was somewhat of an anomaly due to the limited access and construction in the area. Commented that 35 miles per hour on a 30 mile per hour did not seem to be a practical enforcement. Zieska: Asked how installation of a stop sign along a roadway might affect speed. O'Rourke: Explained that as a rule stop signs control right-of-way, not speed. Hau,qen: Asked about the speed "chokers" concept, and speed bumps. Osmundson: Advised that SRF was not asked to address this issue, but went on to describe how narrowing the road tends to slow traffic down. It also appears to improve pedestrian safety. Further analysis would be necessary by a firm such as SRF to determine if application of "chokers" is necessary in this area. Further commented that speed bumps are used on a limited basis in Minnesota. They are difficult in terms of snowplowing and can lead to other challenges. Hau.qen: Believed this process has led us to believe that speed is a significant issue in the area and something needs to be done. The second issue is the parking, including elimination of parking along the whole parkway which seems punitive to the residents in the area. Supported the plan as proposed as a first attempt to address these issues. Blomber,q: Supported the pedestrian crossing as proposed both by signage and striping. Did not believe a stop sign is warranted. Agreed that the parking lane is necessary for residents on those short cul-de-sacs. Disagreed with allowing parking adjacent to the golf course. If a higher speed requires a wider lane, then the speed numbers in our report equate to a need for a wider lane. The business has appropriate parking within their parking lot. Zieska: Asked if Fish Point Road is designed at a different standard. Osmundson: Advised that Fish Point Road is wider at the park area and is a State Aid roadway. Zieska: Believed the road design ~t 11 foot driving lanes meets the safety needs of the area. The 11 foot lanes are a design standard for up to 10,000 cars. The traffic volumes are well within this standard. Supported the recommendation of staff. Also believed this year's numbers are an anomaly due to construction. City Council Meeting Minutes November 3, 2003 LeMair: Believed that something needs to be done, and that parking along the golf course needs to be moved. Supported the comments by Councilmember Blomberg. Would like to see No Parking along either side and believed that the issue will need to be revisited as truer numbers are acquired. There was some disruption from the audience. Hau.qen: Asked that the disruption cease and requested that the audience members allow the Council the opportunity to professionally finish their discussion without interruption or semantics. Zieska: Reviewed the process necessary for input from the residents on issues. Complimented Bryan Fleming on initiating this process in the proper manner. Blomber.q: Believed that volumes in the area will continue to change. Also noted that no striping can take place until this spring. Suggested tabling this item until spring in order to get more information so a clearer picture can be developed. LeMair: Commented that it seems that implementing some of the measures proposed may address the issues of the neighborhood. Did not see a problem with delaying until spring. Zieska: Believed the recommendation of the consultant should be implemented in the spring and that the Council should revisiting the topic in June or July when the golf season is in full swing. Asked residents to keep the staff and Council abreast of how the improvements have panned out. Petersen: Supported the resolution as proposed. Hau,qen: Agreed and suggested an amendment be added to re-visit the topic in June or July. Osmundson: Clarified that the parking lane would allow parking on the golf course side. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-184 APPROVING THE RECOMMENDED TRAFFFIC SAFETY IMPROVEMENTS ALONG WILDS PARKWAY. Hau.qen: Suggested adding language to re-visit the issue at a date certain. Zieska: Believed enough Councilmembers are on the record. VOTE: Ayes by Haugen, Petersen, and Zieska; Nay by Blomberg and LeMair, the motion carded. The Council took a bdef recess. Consider Approval of a Zoning Ordinance Amendment Concerning Outdoor Storage in the 1.1 Use District (Case File #03-107). Kirchoff: Reviewed the agenda item in connection with the staff report. Blomberq: Asked for staff to clarify its recommendation and the time it would take. Kirchoff: The staff outlined three options: (1) maintain the existing ordinance requiring a 6 foot opaque fence; (2) change the ordinance to permit only the required screening and/or landscaping by conditional use permit; or (3) offer an optional conditional use permit process where the applicant can abide by the 6 foot ordinance requirement or apply for a conditional 6 City Council Meeting Minutes November 3, 2003 use permit. The intent is that the conditional use process would provide an applicant more flexibility although the process could take 45-60 days. MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING ORDINANCE 03-15 AMENDING CITY CODE CONCERNING OUTDOOR STORAGE IN THE I-1 USE DISTRICT (Case File #03-107). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Zoning Ordinance Amendment Concerning Minimum Lot Width for Riparian Lots on General Development Lakes (Case File #03.112). Kirchoff: Reviewed the agenda item in connection with the staff report. LeMair: Asked for clarification as to whether the applicant's rationale for claiming a lesser front width is because the lot size is large. Kirchoff: Confirmed that that is the staff understanding. Zieska: Asked if a lot can be split into riparian and non-riparian lots. Kansier: Explained that a lot is required to have dedicated access on a public street. Access across a private property is not considered direct access. Hau.qen: Asked the rationale for the 90 foot width and clarified the history with combining and splitting the property in the past. Kansier: Explained that the 90 fqot lot width seems to be a product of the 86 foot lot width required for non-riparian lots. Riparian lots are deemed to require more lot width because of environmentally sensitive nature. 86 feet was typically what was required for an average sized home and double garage. Zieska: Believed that changing the 90 foot lot width opens a whole can of worms regarding issues on the lake. Did not believe a change is necessary for the public good as a whole. LeMair: Agreed with Councilmember Zieska. Haugen: Agreed. MOTION BY ZIESKA, SECOND BY LEMAIR, TO DENYING AN AMENDMENT TO THE CITY CODE CONCERNING MINIMUM LOT WIDTH FOR RIPARIAN LOTS ON GENERAL DEVELOPMENT LAKES (Case File #03-112). VOTE: Ayes by Haugen, BIomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Joint Resolution for Orderly Annexation Between the City of Prior Lake and Spring Lake Township Pursuant to Minnesota Statutes 414.0325 (Busacker). Kansier: Reviewed the agenda item in connection with the staff report. 7 City Council Meeting Minutes November 3, 2003 Zieska: Asked the tax implications associated with the Orderly Annexation Agreement. Concerned with the precedent set in connection with the 2X provision of the Orderly Annexation Agreement. Kansier: Explained that since the project is being accelerated, the full City taxes would be due and payable beginning January 1, 2005 which is standard. Scott McMahon (Tradition Development): Believed the applicant paid the 2X fee to the Township at the time of application this past April. Advised that deferring the action would not cause any hardship on the part of the applicant. Petersen: Not clear that this particular piece would be included under the OAA. Zieska: Due to the confusion, believed a clarification is necessary. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO DEFER ACTION FOR ORDERLY ANNEXATION BETWEEN THE CITY OF PRIOR LAKE AND SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.0325 (Busacker) FOR TWO WEEKS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Rezoning Property from the C-2 and R-1 Districts to the R-4 District, Approval of a Resolution Approving a Preliminary PUD Plan, and Approval of a Resolution Approving a Preliminary Plat to be known as Wensmann's Fourth Addition. Kansier: Reviewed the agenda item in connection with the staff report. LeMair: Asked the staff concern with construction of the northerly read. Asked the maximum number of units allowed. Kansier: Staff was primarily concerned with the timing so that services will be available. Approximately 500 units would be allowed under the ordinance. LeMair: Commented that there seem to be a number of outstanding issues. Kansier: Staff is comfortable that it can work with the contractor to resolve the remaining issues. LeMair: Asked the proposed alternatives to vinyl siding. Kelly Murray (Wensmann Homes): Commented that we would like to see the ordinance consider Hardy Board as a Class I alternative. The product is nearly maintenance free and is a durable cement product that looks like wood. Petersen: Asked where the C-2 zoning designation was located. Kansier: Explained that when the Comprehensive Plan amendment was done, the zoning boundaries were not shifted completely. It is about a half an acre that needs to be redesignated. Blomber,q: Asked about sidewalks and trails to the park area. Kansier: Explained there is a trail from Cougar Path north to the park. 8 City Council Meeting Minutes November 3, 2005 Osmundson: Noted that there is also a trail along Cougar Path. It seems like there should be a sidewalk from Wilds Parkway to Cougar Path. Blomberg: Agreed that reviewing the Class I materials is appropriate. Also asked why 22 foot setback is considered. Kansier: Allowing 22 feet on a private street is appropriate because the street is traveled less. 22 feet is also enough space to stack 2 parked cars. Hau,qen: Asked how many single family homes could be accommodated on this site. Kansier: Approximately 36. Kelly Murray: The cost of land significantly drives the feasibility of a project. Zieska: Commented that large single family homes are not likely to front on CSAH 83 or CSAH 42. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 03-16 REZONING PROPERTY FROM C-2 AND R-1 DISTRICTS TO THE R-4 DISTRICT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION 03-185 APPROVING PRELIMINARY PUD PLAN FOR WENSMANN'S FOURTH ADDITION WITH THE AMENDMENT TO INCLUDE A SIDEWALK FROM WILDS PARKWAY TO COUGAR PATH. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03-186 APPROVING PRELIMINARY PLAT KNOWN AS WENNSMANN'S FOURTH ADDITION WITH THE AMENDMENT TO INCLUDE A SIDEWALK FROM WILDS PARKWAY TO COUGAR PATH, AND THAT THE PARK LAND REFERENCE THE REVISED PLAN DATED NOVEMBER 3, 2003. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Updating the Winter Maintenance Policy. Osmundson: Reviewed the agenda item in connection with the staff report. Zieska: Asked how the Parks Advisory Committee felt. Blomber.q: Noted that the PAC discussed the issue last March and agreed that a priority needed to be set because it isn't possible to plow all trails. Asked if the Memorial Park pleasure rink is used by the elementary school. If so, suggested some re-consideration be given. Osmundson: Advised that staff would follow up with the elementary school accordingly. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE UPDATE OF THE WINTER MAINTENANCE POLICY. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. 9 City Council Meeting Minutes November 3, 2003 Consider Approval of a Resolution Awarding Contract for the Well Head Protection Plan. McCormick: Reviewed the agenda item in connection with the staff report. BlomberR: Commented that this mandate actually serves a purpose. Zieska: Asked why Barr Engineering was selected even though they are not the lowest bid. McCormick: Commented that Barr Engineering was most impressive because of their extensive knowledge of the Scott County area and the Savage Fen. Osmundson: Also noted that this is a professional services contract and therefore we are not required to go with the lowest bid. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-188 AWARDING CONTRACT FOR THE WELL HEAD PROTECTION PLAN. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Report Regarding Revisions to the 2020 Vision and Strategic Plan. Boyles: Reviewed the agenda item in connection with the staff report. No formal action was required. Discussion Regarding the TH13 / 150th Street Intersection with Respect to High School Traffic. Haugen: Commented that the TH13 / 150th Street intersection now provides approximately six traffic lanes to cross if you want to go east across TH13 to the High School. Believes there is a significant traffic issue. There is a cooperative effort among the school district, and the Savage and Prior Lake Police departments to address the issue. All parties realize that the existing improvements are temporary. OTHER BUSINESS Boyles: Reminded Councilmembers that a Special Meeting will be held on Wednesday, November 5th at 5pm to canvas election results. With no other comments from Councilmembers, a motion to adjourn was made an~/seconded. The meeting adjourned at 11:15pm~ i~ ~ e'fJ't~[~ . Frank Boyles r l~'~ily I~e~er/ecording Secretary 10