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HomeMy WebLinkAboutAgenda & Minutes FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA March 6, 2000 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE: ................................................... 7:30 p.m. 2 APPROVAL OF AGENDA: 3 CONSIDER APPROVAL OF FEBRUARY 22,2000 MEETING MINUTES. 4 CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category. A) Consider Approval of Invoices to Be Paid. B) Consider Approval of Reconveyance of Tax Forfeited Lands to the State of Minnesota Relating to a 16-foot Wide Strip for Access Purposes to the Melbourne/Larson Property. C) Consider Approval of Report Proposing a Comprehensive Plan Amendment for Land Use Designated as Low-to-Medium Residential. 5 ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS: None. 7 PUBLIC HEARINGS: None. 8 OLD BUSINESS: A) Consider Approval of Review of the Conditional Use Permit for Gleason's Gymnastics School on Property Located at 17001 Fish Point Road (Case File No. 98-163). B) Consider Approval of Resolution DO-XX Upholding a Decision of the Planning Commission Approving a Variance to the Required Side Yard Setback Adjacent to a Residential District for the Construction of an Addition to the Existing Keyland Homes Building in the C-5 Zoning District. C) Consider Approval of Report Regarding Alignment of Ring Road. D) Consider Approval of Report from City Councilmembers Ericson and Gundlach to Revise City Council Bylaws. 9 NEW BUSINESS: A) Consider Approval of Resolution DO-XX Approving the Purchase of Three (3) Vehicles Under the State Cooperative Purchasing Program. B) Consider Approval of Resolution DO-XX Authorizing Purchase of One (1) 83 H.P. Mechanical Four-Wheel Drive Tractor for Park Maintenance Through the State Cooperative Purchasing Program. C) Consider Approval of Recommendation f or Appointments to F ill Vacancies 0 n the Economic Development Authority. 10 OTHER BUSINESS/COUNCILMEMBER REPORTS: 11 ADJOURNMENT 030600 REGULAR COUNCIL MEETING MINUTES February 22, 2000 . CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Gundlach, Petersen, Schenck and Ericson, City Manager Boyles, City Attorney Pace, Planning Director Rye, Planning Coordinator Kansier, Planner Tovar, City Engineer Osmundson, Assistant City Manager Walsh and Recording Secretary Meyer. First-Graders from Westwood Elementary led the Council in the Pledge of Allegiance through sign language. APPROVAL OF AGENDA: BOYLES: Removed Items 9C (Consider Approval of Resolution OO-XX Authorizing the Preparation of Plans and Specifications for Trails and Playground Equipment as Identified in the 1999 and 2000 Capital Improvement Program), Item 9D (Consider Approval of Resolution OO-XX Authorizing Expenditures for Miscellaneous Park Capital Improvement Projects and Park Capital Equipment as Identified in the 1999 and 2000 Capital Improvement Program), and deferred the portion of Item 9E (Consider Approval of Recommendation for Appointments to Fill Vacancies on the Planning Commission and Economic Development Authority) with respect to the Economic Development Authority. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. APPROVAL OF MINUTES FROM FEBRUARY 7,2000 REGULAR MEETING. PETERSEN: Questioned whether it was appropriate to include comments in the public record that were made after the Council had retired to Executive Session, and asked that paragraph 6, page 5 be stricken. MADER: Requested several changes including (1) on page 2, 2nd paragraph, beginning with the third sentence be amended to read "Further stated that we had received a letter noting Mr. Berens, an adjacent property owner had not been notified. Requested clarification on the 120-day timeline for a Council decision."; (2) Page 3, paragraph 3, 8th line be amended to read .....and the DNR's Division of Waters, and their specific requests for an EA ~ it would be fair.... "; (3) Page 5, 1 st paragraph, 5th line be amended to read "correspondence from Ryan Contracting that if an EA W is required or the CUP is denied, they will revise....."; (4) Page 5 the last motion at the bottom of the page should read MOTION BY PETERSEN, SECOND BY ERICSON TO DIRECT STAFF TO PREPARE A RESOLUTION WITH SPECIFIC FINDINGS OF FACT FOR REQUIRING AN ENVIRONMENTAL ASSESSMENT WORKSHEET; and (5) Page 7, motion under Hentges Litigation be amended for clarification to read "MOTION BY PETERSEN, SECOND BY GUNDLACH TO AUTHORIZE THE MA YOR AND CITY 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 Minutes - February 22, 2000 MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENT AS DISCUSSED IN THE EXECUTIVE SESSION THA T PRECEDED THE REGULAR COUNCIL MEETING. 11 MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE FEBRUARY 7, 2000 REGULAR MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, Nay by Schenck, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report. (D) Consider Approval of Animal Warden Monthly Report. (E) Consider Approval of Fire Call Report. (F) Consider Approval of Refund of Application Fee and Status of the Vacation of Excess Right-of- Way at Eagle Creek A venue Adjacent to Lots 46 Through 55, Lakeside Park. (G) Consider Approval of Cigarette License for O'Malley's On Main. MADER: Asked for Item (F) (Consider Approval of Refund of Application Fee and Status of the Vacation of Excess Right-of-Way at Eagle Creek Avenue Adjacent to Lots 46 Through 55, Lakeside Park) to be removed. BOYLES: Briefly reviewed the remaining consent agenda items. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE CONSENT AGENDA ITEMS (A), (B), (C), (D), (E), AND (G). VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: (F) Consider Approval of the Refund of an Application Fee and Status of the Vacation of Excess Right- of-Way at Eagle Creek Avenue Adjacent to Lots 46 Through 55, Lakeside Park. MADER: Explained that the initial vacation was rejected in order for the staff to address vacating the right-of-way for all the affected properties at once. Noted a letter from Scott County and asked for staff clarification whether there was or wasn't a record of the turnback of the property from the County to the City. OSMUNDSON: Explained that the Scott County Resolution only revokes the state aid status of the roadway, and does not turn it back to the City. There has been some misunderstanding and ambiguity over time as to the ownership of the property due to the old railroad right-of-way, but it has not been turned back to the City at this time. It will take some time to work out the title issues with Scott County. MOTION BY MADER, SECOND BY PETERSEN, TO APPROVE THE REFUND OF AN APPLICATION FEE AND STATUS REPORT OF THE VACATION OF EXCESS RIGHT-OF-WAY AT EAGLE CREEK AVENUE ADJACENT TO LOTS 46 THROUGH 55, LAKESIDE PARK. GUNDLACH: Asked if it is typical City policy to refund a fee when an application is rejected. 20f9 City Council Minutes - February 22, 2000 BOYLES: Explained that typically a fee is refunded by the Council when the service has been rendered. In this case, the Council directed that this action be completed in mass as opposed to parcel by parcel. Consequently, it seems the equitable action would be to return the applicant's money. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. PRESENTATIONS: Annual Report from Economic Development Authority - Bob Barsness BARSNESS: Commented on the process to this point in completing the Downtown Redevelopment study, the business owner survey, the memorandum of understanding and prospects for cooperative efforts with the Scott County HRA, the wetland mitigation on the remaining commercial property in the industrial park, and the recommendation for approval of the business assistance policy. Commented that the EDA recommends future annual joint meetings between the EDA, the Council and the Planning Commission. Also discussed the EDA's annual expenditures, and the EDA's research into providing high-speed data transmission lines within the City. PUBLIC HEARINGS: Public Hearing to Consider Approval of Business Assistance Policy. Mayor MADER opened the public hearing. BOYLES: Discussed MN Stat. 116 which requires that the City adopt a business assistance policy if it wishes to offer business assistance as an incentive to commercial development in the future, Also noted that the policy parallels the policy adopted by Scott County. Clarified that no amendments had been made to the policy since the Council's review prior to the public hearing. MOTION BY PETERSEN, SECOND BY ERICSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried. ERICSON: Believes that it makes sense to have a policy in place because it gives the City the ability to use such a tool if presented with a project. Councilmembers PETERSEN, GUNDLACH and Mayor MADER agreed. MOTION ERICSON, SECOND BY GUNDLACH, TO APPROVE THE BUSINESS ASSISTANCE POLICY AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried. Public Hearing to Consider Approval of Resolution DO-XX Upholding a Decision of the Planning Commission Approving a Variance to the Required Side Yard Setback Adjacent to a Residential District for the Construction of an Addition to the Existing Keyland Homes Building in the C-5 Zoning District. Mayor MADER opened the public hearing and asked City Manager BOYLES to introduce the item. 30f9 City Council Minutes - February 22, 2000 BOYLES: Noted the details associated with the variance request by Keyland Homes, the criteria in the ordinance which were considered by the Planning Commission in its review and subsequent approval of the variance request, the appeal by D.R.Horton, Deerfield Development and John Messenbrink, and the hardship criteria the Council must consider. Also noted that the staff had recently received a letter from the appellant outlining their position, and that the staff response was provided last Friday after the agenda packet went out.. GUNDLACH: Asked if the rezoning of the Deerfield property made the difference in the setback requirement for Keyland. BOYLES: Clarified that it was the annexation of the Deerfield property, together with the rezoning to R- 2. Had the property not been annexed, there would be no requirement for a variance. . .IlAY.E SELEGREN (Attorney for DR. Horton): Spoke in favor of the variance appeal as being a detrimental impact to the residential development of Deerfield. Noted that there is nothing prohibiting Keyland Homes from reasonable use of their property, and that the expansion is not a necessity, but an inconvenience. Believes that the property is not unique or unusual, there are no practical difficulties that create a hardship, the current use does not prevent the use of the property, that the expansion would negatively impact the property values of the Deerfield development, and that granting the variance would be incompatible with other parts of the ordinance relating to nonconforming structures and the concept of extraordinary buffers. Therefore, the variance request does not meet the standards identified by the ordinance. KEVIN HORKEY (President of Keyland Homes): Noted that the hardship is that the building must be expanded in order to accommodate semi-truck traffic. By adding the building, semi-trucks would be able to turn around inside the building parking lot and eliminate the safety concerns created by the truck traffic on Fish Point Road when it becomes a through street. MATT KRUEGER (Wilderness Ponds resident): Supports the Keyland expansion. Believes residents bought the properties in the area knowing there was an adjacent industrial park, and that an expansion can take place without significantly impacting the neighborhood development. KEITH HORKEY (Keyland Homes): Noted that most of the employees of Keyland Homes are residents of Prior Lake, and that residents in the area are aware their neighbors are an industrial park. MOTION BY PETERSEN, SECOND BY GUNDLACH TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. MADER: Reminded the Council that it is necessary for the City to abide by its ordinances even in circumstances that are not clearly black and white. Recommended deferral of the issue so that the City Attorney can provide a recommendation considering D.R.Horton's most recent arguments. Noted that the City Attorney has been ill and has not had the opportunity to respond at this time. MOTION BY MADER, SECOND BY PETERSEN TO DEFER THE MATTER TO THE NEXT REGULAR MEETING AND DIRECTING THE CITY ATTORNEY TO PREPARE AN OPINION AS TO THE LEGAL ARGUMENTS IN THE FEBRUARY 16, 2000 LETTER FROM THE APPELLANTS AND AT THIS MEETING. 4of9 City Council Minutes - February 22, 2000 GUNDLACH: Concerned that the letter received by D.R.Horton is ill-timed, when this matter has previously been discussed at a public hearing, and now the Council has in effect been further delayed by Horton's bad timing. Noted that if the Deerfield project had not been approved, there would be no variance required. MADER: Commented that although unfortunate, tl)e arguments by D.R. Horton must be considered. PETERSEN: Stated that he would appreciate hearing the perspective of the City Attorney. ERICSON: Supports the Planning Commission's recommendation, agreed with the concerns raised by Councilmember Gundlach, and did not see any reason the Council could not proceed at this time. VOTE: Ayes by Mader, Schenck, Petersen, Nay by Gundlach and Ericson, the motion carried. OLD BUSINESS: Consider Approval of Review of Conditional Use Permit for Gleason's Gymnastics School on Property Located at 17001 Fish Point Road (Case File No. 98-163). BOYLES: Briefly reviewed the item in connection with the staff report, noting that staff has recommended deferring the item to the next meeting in order to receive and review the activities list and installation of the remaining signs, and include the report at the March 6th meeting for final action. MADER: Asked if there are any issues created by deferring the item to the next meeting. RYE: Clarified that there is nothing in the CUP that would terminate the operation of the gymnastics operation. GUNDLACH: Noted that some citizens have expressed concern about the adequacy of parking between the hours of 5pm and 6:30pm as being intrusive to the businesses. ~: Noted that parking was addressed when the CUP was originally considered, and 12 spaces were to be specifically designated. GUNDLACH: Asked the staff to clarify if there are parking issues or whether additional conditions to the CUP should be imposed. MOTION BY MADER, SECOND BY PETERSEN TO DEFER REVIEW OF CONDITIONAL USE PERMIT FOR GLEASON'S GYMNASTICS SCHOOL ON PROPERTY LOCATED AT 17001 FISH POINT ROAD (Case File No. 98-163) UNTIL THE NEXT REGULAR MEETING AS A CONSENT AGENDA ITEM. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. Consider Approval of Resolution 00-12 Approving an Environmental Assessment Worksheet (EAW) Petition and Requiring an EAW be Completed Prior to a Decision Regarding the Conditional Use Permit for Excavation of Sand and Gravel for Ryan Contracting on Property Located in the Southeast Quarter Section of Section 22, Township 115, Range 22, Located on McKenna Road. 50f9 '"J' 1 City Council Minutes - February 22, 2000 MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-12 APPROVING AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) PETITION AND REQUIRING AN EAW BE COMPLETED PRIOR TO A DECISION REGARDING THE CONDITIONAL USE PERMIT FOR EXCAVATION OF SAND AND GRAVEL FOR RYAN CONTRACTING ON PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION .22, TOWNSHIP 115, RANGE 22, LOCATED ON MCKENNA ROAD. BOYLES: Noted that a new Resolution with minor amended findings of fact had been distributed immediately preceding the meeting. MADER: Offered that several additional findings be included in the resolution, including (1) potential infiltration and contamination of ground water and/or the aquifer due to stripping away of the protective layer of clay and topsoil from the highly porous sand and gravel, and that the clay and topsoil layers would normally protect the aquifer from truck caused oil or fuel spills. Further clarified that after looking at some of the documentation from the County and the DNR regarding the removal of the clay and topsoil, he was uncomfortable not directing the EAW to determine the effects of such actions; and (2) potential infiltration of ground water of surface water borne contaminants such as calcium chloride (used for dust control) and/or other objectionable materials. MOTION BY MADER, SECOND BY GUNDLACH TO AMEND THE RESOLUTION AS PROPOSED. ~: Asked if the point is that such action create the potential for significant environmental impact. MADER; Yes and clarified that the intent was to not draw conclusions, but explain the reasons for requiring the EAW. SCHENCK: Concerned that the statement that the clay and topsoil layers normally protect the aquifer, is conclusive. Proposed striking that particular line. MADER and GUNDLACH accepted the friendly amendment. VOTE ON AMENDMENT TO THE MOTION: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. Staff clarified that the amendments will begin at item 5(i) of the proposed Resolution. The Council took a brief recess. MOTION BY MADER, SECOND BY SCHENCK TO DELETE ITEM 11 ON PAGE THREE OF THE RESOLUTION. VOTE ON SECOND AMENDMENT TO THE MOTION: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. VOTE ON PRIMARY MOTION: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. 60f9 City Council Minutes - February 22, 2000 NEW BUSINESS: Consider Approval of Resolution 00-13 Approving Addendum No. 1 to the Spring Lake Township / City of Prior Lake Construction and Maintenance Agreement for Sanitary Sewer and Water. BOYLES: Briefly reviewed the item in connection with the staff report and noted the amendments proposed by the addendum to the Agreement. MADER: Asked if Prior Lake's requirement that sump water not be pumped into the sanitary sewer system is also being imposed in the Township. Noted the importance because the City pays for processing and the amount is based upon on the amount of water people use. Also asked if there wer~ concerns at some point obtaining individual readings, does the City still maintain the option to install a central meter for the total amount of water going into the Township. BOYLES: Confirmed that the requirement is also enforced in the Township, and clarified that nothing in the language precludes a master flow meter, but it would be installed at the City's cost at that point. SCHENCK: Understood that a master flow meter doesn't register the typical trickle and so there would be an inaccurate reading from a master flow meter unless there was a large flow. . BOYLES: Clarified that a dual meter would need to be installed that measures large and small flows. ~: Section 17.4.1 of the Agreement indicates that billing will be done based upon an itemized statement by individual addresses, so that would be the flow meters at the individual houses; Even if one large meter was installed, the question becomes how do you bill it based upon the contract language. MADER: Stated that there is some benefit to being able to measure the bulk and bill the Township for it. On the other hand, there may be metering problems or other concerns that make that not practical. BOYLES: Clarified that the Township is being treated as if they are retail customers. They are not getting a wholesale rate for the water or the sewage. They are paying the same as Prior Lake residents. ERICSON: Asked if the intent is equity, why would the City charge the Township and not the individual consumer. ~: Answered that the City did not want to assume the responsibility of monitoring individual payments. In this way, the Township is responsible for requesting the money and paying the City, and the relationship for the payment is with the Township. If the Township fails to do that, there is a breach of the Agreement as opposed to one individual failing to make payment. MADER: Further clarified that within the City, sewerlwater bills that are unpaid can be assessed to individual properties as a means of collection. The City cannot assess to properties outside the City. ERICSON: Asked how long the life of a lift station is, and what the rationale is for replacing it with a gravity sewer. 70f9 - ..... City Council Minutes - February 22, 2000 OSMUNDSON: The lift station is higher financially to maintain versus a gravity sewer. Clarified that at this point there needs to be further analysis to determine if a gravity station is feasible both in terms of engineering and cost. MOTION BY SCHENCK, SECOND BY ERICSON TO APPROVE RESOLUTION 00-13 APPROVING ADDENDUM NO. 1 TO THE SPRING LAKE TOWNSHIP / CITY OF PRIOR LAKE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SANITARY SEWER AND WATER. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. Consider Approval of Resolution 00-14 Approving the Parks Advisory Committe~ Recommendation for the Naming of Parks and Streets Within Parks in Accordance with City Policy. BOYLES: Discussed the policy and the recommendation of the Parks Advisory Committee, and reviewed the actions available to the Council in connection with City policy. MADER: Commented that he has heard an additional recommendation and suggested acting on the naming of the roadway within Lakefront Park, and deferring the naming of the remaining two items back to the Parks Advisory for further consideration, even though the additional input may not change the current recommendations. ERICSON: Noted that the recommendations should have been submitted as part of the Advisory Committee's process. MADER: Noted that they should have been submitted, but sometimes the notices are overlooked until residents hear it by word of mouth. By keeping the process open, the City is able get more ideas for consideration. BOYLES: Noted that where there is no timeline on naming, there is concern that due to usage and traffic within Lakefront Park, that the roadway be named so that signage can be installed. MOTION BY MADER, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-14 ADOPTING THE NAMING OF THE ROADWAY WITHIN LAKEFRONT PARK AS KOP PARKWAY, AND TO DEFER THE REMAINING ITEMS FOR FURTHER CONSIDERATION BY THE PARKS ADVISORY COMMITTEE. SCHENCK: Believed that a process is in place, a recommendation has been made by the advisory committee, and suggested moving forward with all of the recommendations. MADER: Noted that the process in this case has not been specifically followed because it requires three separate meetings of the Parks Advisory Committee. Under the policy, there is an opportunity for the Council to recommend further considerations. VOTE: Ayes by Mader, Gundlach, Petersen, Nay by Schenck and Ericson, the motion carried. 80f9 City Council Minutes - February 22, 2000 Consider Approval of Resolution DO-XX Authorizing the Preparation of Plans and Specifications for Trails and Playground Equipment as Identified in the 1999 and 2000 Capital Improvement Program. This Item was removed from the Agenda. Consider Approval of Resolution OO-XX Authorizing Expenditures for Miscellaneous Park Capital Improvement Projects and Park Capital Equipment as Identified in the 1999 and 2000 Capital Improvement Program. This Item was removed from the Agenda. Consider Approval of Recommendation for Appointments to Fill Vacancies on the Planning Commission and Economic Development Authority. MADER: Noted that the Council had deferred the recommendation for the Economic Development' Authority to the March 6th meeting. MOTION BY GUNDLACH, SECOND BY PETERSEN, TO APPOINT MARGI ATWOOD TO THE PLANNING COMMISSION. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS: MADER: Noted that at a work session the Council discussed criteria to be used for evaluating the City Manager for 2000, and asked for any Council member comments as soon as possible so that it may be brought to the Council for final consideration on March 6th. Also noted that on Item 7B, the Resolution needs to be corrected on page 3 with respect to a 55-foot variance rather than a 55-foot setback. Also asked that a summary be prepared with respect to the extensive City Council Bylaw revisions for discussion in a work session prior to final consideration. BOYLES: Noted that the Lake Advisory Committee has requested Council input on the previously distributed Comprehensive Lake Management Plan in advance of the March 22nd public information meeting. Secondly, a joint meeting is tentatively scheduled for the April 3rd work session to discuss the Lake Management Plan. A motion to adjourn was made and seconded. The meeting adjourned at 9:25 p.m. Frank Boyles, City Manager 90f9 I"I' 1