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HomeMy WebLinkAbout04 16 12 City Council Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES April 16 , 201 2 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, He d- berg, Keeney and Soukup , City Manager Boyles, City Attor ney Pace , City Engineer/Inspecti ons Director Poppler, Public Works/Natural Resources Director Gehler, Community and Economic Development Dire c- tor Rogness , Planner Matzke, Community Development Specialist McCabe, Fire Chief Hartman, Assistant City Manager Kansier, Assistant City Manager M eyer , and Administrative Assistant Green. 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 and each presenter will hav e no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pr i- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or a re the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY KEENEY, S ECO ND BY SOUKUP TO APPROVE THE AGEND A AS PRESENTED . VOTE: Ayes by Myser, Erickson , Hedberg, Keeney and Soukup . The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HEDBERG, S ECOND BY SOUKUP TO APPROVE THE MINUTES OF THE APRIL 2 , 2012 , MEETING AS PR E SENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Claims Listing B. Consider Approval of Treasurers Report C. C onsider Approval of Building Permit Summary Report D. Consider Approval of Animal Control Services Report E. Consider Approval of Fire Department Report F. Consider Approval of Police Department Report G. Consider Approval of Resolution 12 - 054 Authoriz ing the Mayor and City Manager to Execute the Amended Joint Powers Agreement for Prosecution Services Through the Scott Joint Prosecution A s- sociation H. Consider Approval of an Amendment to the Economic Development Advisory Committee (EDAC) B y- laws Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www .cityofpriorlake.com I. Con sider Approval of Resolution 12 - 055 Accepting Donations and Grants to the City During the 1st Quarter of 2012 J. Consider Approval of Resolution 12 - 056 Approving a Cooperative Agreement with Scott County for the Arcadia and County Road 21 Improvement Proj ect (City Project #11 - 001) Councilmember Keeney requested that item 5 I, Consider Approval of Resolution 12 - 055 Accepting D o- nations and Grants to the City During the 1st Quarter of 2012 , be removed from the Consent Agenda for comment. Councilmember Eric kson requested that item 5J, Consider Approval of Resolution 12 - 056 Approving a Cooperative Agreement with Scott County for the Arcadia and County Road 21 Improvement Project (City Project #11 - 001) , be removed from the Consent Agenda for discussion. MOTIO N B Y SOUKUP, S ECOND BY HEDBERG T O APPROVE THE CONSENT AGENDA AS MOD I- FIED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Keeney : Thanked the entities and persons who made donations and grants to the City during the firs t quarter and requested that they be recited. Myser : Read the donations on the report. Erickson : Stated his understanding that the CR 21 / Arcadia construction site was found to have contam i- nated soils. Queried how it will be handled by the County. Poppler : Affirmed the soils were found with petroleum contaminants t hat will be disposed of in a hazar d- ous waste site in Rosemount. Stated the County will partner with the City on some of the extra costs ass o- cia t ed with it. This is an unforeseen event a nd the full magnitude is not known, so the costs will be handled sep a rately from the other project costs. Erickson: Thanked the C ounty for its help. MOTION BY KEENEY, SECOND BY ERICKSON TO APPROVE RESOLUTION 12 - 055 ACCEPTING D O- NATIONS AND GRANTS T O THE C ITY DURING THE 1ST Q UARTER OF 2012 AND RESOLUTION 12 - 056 APPROVING A COOPERAT IVE AGREEMENT WITH S COTT COUNTY FOR THE ARCADIA AND COUNTY ROAD 21 IMPRO VEMENT PROJECT (CITY PROJECT #11 - 001). VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The mo tion carried. PRESENTATION Step Up – Leave No Veteran Behind: VFW Ladies Auxiliary Proclamation City Manager Boyles introduced VFW Ladies Auxiliary representative Liz Speiker and VFW Ladies Auxi l- iary President Karen Lundquist . Speiker spoke of the plan s for the National President of VFW Ladies Auxiliary to visit Prior Lake on April 22 to meet with the local chapter and promote the “Step Up – Leave No Veteran Behind” platform. Mayor Myser read the proclamation and presented it to them. Discussion of Co ncept Plan for a Medium Density Housing Development in Deerfield Industrial Park Community and Economic Development Director Rogness explained that a concept plan can be pr e- sen t ed prior to an official application and any comments by the Council are only ad visory and not binding in any way. Display ed and described the property. Stated it is zoned industrial. Described zoning of su r- rounding properties. Concept plan proposes c hanging zoning to residential. Stated that staff spoke with Mary Bujold, Maxfie ld R esearch, w hose comments are included with the agenda report. Noted that 30 acres of Deerfield is ready for commercial development. 2 04 16 2012 City Council Minutes Developer Mike Podawiltz conducted a PowerPoint presentation displaying a development of potential rental townhomes and proposing that zoning be changed to urban medium density. Discussed costs and financing and proposed that a completion date could be December 2013 . S tated there is not much land in the City gu ided toward multi - family, work force housing and there is a need for it. Distributed Minnesota Housing Partnership information . Rogness commented that the proposed housing development project would be easy to get into, but b e- lieves it is important to consider the broader questions of land use. Noted that Compr ehensive Plan amendments and rezoning would open the door for residential development at that density. The amen d- ment would not necessarily tie a particular piece of the land to this project, but would make work force, rental housing av ailable for all medi um density residential deve l opment. Comments: Hedberg: Expressed concerns about rezoning land that has been designated for commercial and industr i- al development to residential. Stated there is a limited supply of business / industrial park land in the C ity and the City is actively working to improve conditions that would attract businesses . Recognized that commercial / industrial development has been modest and stated his belief that is due to limited land avai l- ability and lack of transportation corrido rs. Believes the improvements to CR 21 may have a positive i m- pact. Commented that develop ment of land that has been fallow for five years w ould be good for the City in the short term. Stated he w ants to examine the implications of having subsidized work force housing in Prior Lake . Soukup: Expressed concerns about the amount of medium density housing already in the area stating that many of t he sites are vacant. Commented that this proposal is for property on CR 21 and she would want to learn if the site will become more attractive for business / industrial now that the roadway has been opened up to Hwy 169. Stated it would be nice to have development, but is concerned about whether this is the right use for the property. Erickson : Shared concerns th at there is limited business / i ndustrial land that is ready for development. Noted that the EDA is active ly trying to bring more businesses in to the City . Concurred that CR 21 may now be helpful in attracting more businesses. Believes the City needs to market the Deerfield Park to busines s- es . Keeney : C ommented that Deerfield is not purely industrial, but rather light industrial or C - 2 and C - 3. Asked what the demand is on the business side for C - 2 and C - 3. Rogness : Concurred there is a division of u ses in Deerfield. Believes the Maxfield study statistics i n- clude s light industrial acreage when they refer to industrial uses. Keeney : Asked how much would remain of the industrial portion if this proposed area were used . Rogness : Replied it would remov e about half of the undeveloped industrial property. Keeney : C larified the area s of industrial land remain ing in all of Prior Lake. Commented this is the most pad - ready site and he prefers not to use industrially guided sites for this. Expressed concer n about res i- dential access on Adelman if there were mixed commercial , residential and pedestrian traf fic. Asked how close the nearest park access would be for residential use . Does not believe residential is the best use of th e property. Myser : Spoke of the value of having appropriate types of “stock” available for different land uses. This Council has focused on bringing more economic development to provide jobs, ser vices and a broad er, more stable tax base in the community. Commented the E conomic D evelopment A uthority has been rea c- tivated and it is working to revitalize development in niche businesses, many of which would be appropriate in this area. If the efforts prove to be unsuccessful, he would be willing to revisit this proposal. Suggested t his pro p erty could examine some of the areas that are already zoned residential. 3 04 16 2012 City Council Minutes PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of an Access Easement Agreement for Property on Candy Cove Trail Planner Matzke described t he properties and their access needs. City Engineer / Inspections Director Poppler spoke of grading issues and the retaining walls that were constructed in order to be able to build the existing homes in the neighborhood. Stated that a p roblem with this a ccess point is the difference in grade of the neighbor ’ s property and the street level , and approximately 25 feed of grade needs to be a c- commodate d i n 16 to 17 linear feet. Added that there is difficulty in not having enough space between the existing reta ining wall and the proposed retaining wall to construct and maintain the walls . Described the permanent easement proposed by staff which would allow access to development, avoid the existing r e- tai n ing wall, allow room for construction of a new retaining w all and allow for reduction of the height of walls, future maintenance of walls, space for landscaping ; and for fair and equal treatment of all property ow n ers. Comments: Keeney : Stated his general agreement with staff recommendations noting that the C ity cannot s olve all problems for the developer, but can only work towards fairness for all property owners. Asked if the deve l- opment process will include City approval of a grading plan. Poppler : Affirmed , stating the d eveloper will have to create an e ngineered drawing based on the eas e- ment. Keeney : Believes it would be s ensible to condition approval of an easement up on design of the plan. Poppler : Affirmed. Keeney : Believes this is the best that can be done w ith the existing property owner wanting to keep the height for screening. This is a fair resolution of the problem. Will support. Erickson : A sked who will be responsible for future maintenance of the easement area such as mowing and snow removal. Poppler : Replied that the homeowners of the three lots would have to share that. Erickson : Believes that should be designated specifically. Soukup : Complimented staff for working with the developer repeatedly to develop this proposal . It seems like a good option. Asked what kinds of options the re would be for retaining walls that are as high as 20 feet. Poppler : Replied that the d eveloper is proposing a sheet pile wall with a block base for aesthetics. Soukup : Sought clarification on the safety of the homes if the wall failed. Poppler : Expl ained the grading. Hedberg : Asked if two motions are sought for grading and easement . Poppler : Replied both are included in one agreement. Hedberg : Noted that the developer explained h is preference for a larger easement citing the benefits and asked for the staff analysis of those benefits. Poppler : Replied that one example of benefits cited by the developer would be to minimize the height of the retaining wall; but stated the detriment of having the walls so close together ou t weigh s that. Hedberg : A sked how much space would be needed between the walls to provide for effective maint e- nance of the walls. Poppler : Replied the proposed easement space should provide enough room to provide maintenance. Hedberg : Queried how the easement could be considered to be sharing the easement space equally when eventually there would be several homes using the access . Poppler : Replied the easement is proposed to be shared evenly on a basis of one access vs. one a c cess in each area. 4 04 16 2012 City Council Minutes Hedberg : R ecalled that an extens ion was granted two months ago believing the developer could begin work and the City would be indemnified for any possible damage. Noted that the City want ed to provide opportunity for the existing homeowner to apply for a variance to put a garage on City property . Poppler : Replied the existing neighbor is contemplating a garage addition , but that application is not co m- plete. Stated that while he is not sure if a structure on C ity property would be approved , it did lead him to consider other possibilitie s in the future such as home tear downs, driveway changes, etc., contributing to the elements of this pr o posal. Hedberg : Commented that this process has not shown the C ity in its best light. Stated he is n ot sure this is the right solution , as the plan in December had an opportunity for a less obtrusive retaining wall and it seems that has been lost. Myser: Stated the responsibility of the City is to provide access to the properties. Staff has looked at n u- merous proposals from the developer and they ha ve not been acceptable to the existing property owner so Council a sked staff to bring a resolution. This seems fair and equitable for both property owners. Will su p- port. MOTION BY SOUKUP, SECOND BY ERICKSON TO APPROVE RESOLUTION 12 - 057 AUTHORIZING T HE CITY MANAGER TO EXECUTE AN ACCESS EASEMENT AGREEMENT WITH JASON MILLER AND DUANE CLARKE FOR THE BLUFFS AT CANDY COVE PLAT. VOTE: Ayes by Myser, Erickson, Keeney and Soukup. Nay by Hedberg. The motion carried. NEW BUSINESS Consider Approval of an Ord inance Amendment Relating to Self - Storage Facilities in the C - 2 Zoning Di s trict Planner Matzke portrayed sample plans for self - storage facilities. Explained that an Ordinance amen d- ment would allow self - storage facilities in all C - 2 zoning districts ; and t hat such use is already allowed in commercial districts. Reviewed zoning maps and depicted areas that could be affected by this amen d- ment. Discussed recommended conditions for such an amendment considering issues such as whether there is public n eed for the amendment, whether t he amendment will accomplish pur poses of O rdi nance, C omprehen sive P lan or other plans/policies of the City , and whether State and Federal statutes are b e ing met . Noted the City does not have many large tracts of land for commercial use and whether or not remo v- ing such a tract to use for self - storage facilities meets the needs of the City as a whole should be consi d- ered . Introduced applicant Tom Meschke . Stated that the Planning Commission has recommended pa s- sage of the ord i nance change. Comments: Soukup : Complimented the appearance of the proposed storage facility. Clarified that the applicant is looking at a site along CR 42. Matzke : A ffirmed. Soukup : Asked why the applicant wants the CR 42 location when such businesses are c urrently allowed in commercial ly zoned sites. Matzke : Replied that the a pplicant is looking for a street ready site with infrastructure already in place. Soukup : Commented that CR 21 has good visibility and Deerfield is ready. Meschke : Stated they fi nd the CR 42 site very desirable. Soukup : Asked if they are looking at the entire site. Mescke : Replied they are l ooking at one lot. Matzke : Described the 3.5 acre site they are looking at. Soukup : This is an interesting concept for this site. Asked how many jobs this will creat e . Meschke : Replied it would be two or three full - time positions; and the benefit to the City would be a n other commercial property on the tax roll . 5 04 16 2012 City Council Minutes Hedberg: Commented that this zoning amendment would affect all C - 2 areas. There is relatively little C - 2 zoning and it is scattered throughout the City. N eighborhood commercial businesses benefit from visibi l ity and access with a lot of drive - by trade. Expressed c oncern about this kind of use at this particular loc a tion. Aske d if the Pike Lake Trail and CR 42 intersection is slated to become signalized. Matzke : Affirmed. Hedberg : With that in mind, this location will be ideal for shopping, restaurants, etc. Believes a self - service storage facility does not need high traffic for its marketing ; and given the limited amount of C - 2 zoned loc a tions , does not favor a zoning amendment to allow storage in C - 2. Keeney : Concurred that from a zoning amendment point of view, this would affect all of those parcels in the City. Noting t hat the Planning Commission notes made reference to the appearance of this project in a residen tial area, asked if this is a Conditional Use Permit proposal. Matzke : Replied it is being proposed as a land use that would be permitted by a Conditional Use P ermit which would involve a public hearing with the Planning Commission. Keeney : Clarified that mitigating factors for a business that is next to residential could be included . Matzke : Affirmed that with a CUP, the Planning Commission has ability to put conditions on each site plan. K eeney : Asked about the Jeffers area Planned Unit Development and asked if that zoning mirrors C - 2. Matzke : The northeast corner most closely mirrors C - 2. But that is a PUD so those applications come back to the City Coun cil . Keeney : Asked if this proposed use compromis es on the materials involved for a C - 2 district in regards to class 1 materials. Matzke : Replied some compromising is made to allow for door widths, etc.; the siding is an upgrade and the doors could be galvanized steel. Keeney : Galvanized steel is an industrial look. Matzke : Noted that the City does not look at differences of steel in its requirements . Keeney : A sked the applicant if there are alternatives to elevate doors from an industrial look to more commercialized. Meschke : Described other options. Keeney : Would like a business to come to that site that takes better advantage of the site, but this is a business that is here and wants to make an investment in the community. Asked the value of being located immediately on CR 42. Meschke : Believes that location is critical for this first site. Additional sites in the future could be less vis i- ble after the business is established. Keeney : Asked the anticipated life of the proposed building. Meschke : Stated that is unknown to him. Keeney : Questioned how long before this site could feasibly be turned over in the event that all of the City’s C - 2 zoned areas become developed . Although the la nd is vacant now and there is merit in using it for some thing rather than noth ing, b elieves there may be better locations for this business . Noted there are also concerns with compatibility of the neighbo r hood. Erickson : Commented the Council does not want to lose sight of the fact that this action is not about this project, but rather about whether or not C - 2 zoning should be changed to allow a different kind of structure c onsidering public need and goals of the C omprehensive P lan. There are lots available that are already appropriately zoned for this business. Cannot justify changing the C omp rehensive Plan and the zoning r e- quirements for C - 2. Stated he w ould like to see this business in Prior Lake and believes there is a need for it, but does not want to change the Comprehensive Plan for it. Myser : Stated the Council has been willing to look at zoning changes when appropriate , but he does not want this impact to all of the C - 2 zones in the City. Would not be proper and consistent use of land for the community. Would welcome the business in the c ommunity and encouraged a look at areas that are a l- ready zoned for this business. 6 04 16 2012 City Council Minutes Soukup : Asked Matzke to display the areas in Deerfield Park. Stated she understands the applicant’s d e- sire for th is property, but noted there are other sites that are rea dy. Not comfortable amending the zo n ing. Hedberg : Agreed there are good locations in Deerfield. Keeney: Commented on a four to five acre site east of Triple Play and suggested that would have good visibil ity . MOTION BY HEDBERG , SECOND BY ERICKSON TO DENY THE PROPOSED AMENDMENT. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Appointing a Person to Fill the Vacancy on the Prior Lake Ec o- nomic D e velopment Authority City Manager Boyles reviewed the circumstances of the EDA vacancy, soliciting of applications, inte r- views and recommendation of three candidates to the Council for interview. Stated that the bylaws call for the Mayor to make a recommendation for appointment . Mayor Myser sta ted that he recommends the a p- poin t ment of Dave Chromy because of his thoughtfulness in decision making, knowledge and commitment to the community, being a smart businessman and having a track record of success and knowledge in the area of retail developmen t. Stated the other candidates were impressive and there is a place for them to serve our community. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE RESOLUTION 12 - 058 APPOINTING DAVE CHROMY TO SERVE ON THE ECONOMIC DEVELOPMENT AUTHORITY. VOTE: Ayes by M yser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Hedberg: Stated he is the liaison to the Community Safety Advisory Committee which is wo rking on tra f fic safety. April is Distracted Driving Awareness Mon th and the CSAC is focusing on promoting awar e ness of it. Soukup : Stated the Parent - Teacher Carnival will be held at the high school this weekend . Erickson : Invited Fire Chief Hartman to talk about the dance scheduled for this weekend. Hartman : Stated it is the 73 annual fireman relief association dance this Saturday night @ the VFW. It is rd a f undraising event for purchase of equipment, beverages for fire scenes and other things that are not in the budget. Boyles : Talked about the SCALE organization whose objective is to do things collaboratively and cost e f- fectively. Stated that Mayor Myser has acted as its Chair for the past year and highlighted issues that were addressed over the past year under his leadership. Erickson : P resented the SCALE pl aque of appreciation. Myser : Commented that SCALE is built on a history of success by a lot of people. Stated that staff often does much work behind the scenes and is not credit ed for it. Complimented Boyles’ contributions to the organization. Comment ed on the marathon activities undertaken by resident Ste ve Nolton for fundraising efforts and wished him success. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by K eeney and secon d ed by H edberg . With all in favor , the meeting adjourned at 9:34 p.m. __________________________________ ________________________________ Frank Boyles, City Manager Charlotte Green, Admin. Assistant 7 04 16 2012 City Council Minutes