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HomeMy WebLinkAboutDraft 08 26 13 City Council minutes O � PRIp ti � v � 4646 Dakota Street SE Prior Lake, MN 55372 �' � REGULAR CITY COUNCIL MEETING MINUTES August 26, 2013 CALL TO ORDER The meeting was called to order at 7:02 p.m. Present were Mayor Hedberg, Councilors Keen- ey, McGuire and Morton, City Manager Boyles, City Attorney Rosow, City Engineer / Inspec- tions Director Poppler, Public Works / Natural Resources Director Gehler, Maintenance Super- visor Theisen, Economic and Development Director Rogness, Planner Matzke, Assistant City Manager Meyer, Assistant City Manager Kansier and Administrative Assistant Green. Coun- cilmember Soukup was absent. 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 have no more than ten (10) minutes to speak. Topics of discussion are restricted to City gov- ernmental topics rather than private or political agendas. Topics may be addressed at the Pub- lic Forum that are on the agenda except those topics that have been or are 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 MORTON, SECOND BY KEENEY TO APPROVE THE AGENDA AS PRESENT- ED. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE THE MINUTES OF THE AU- GUST 12, 2013 CITY COUNCIL MEETING AS PRESENTED. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. 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. Consider 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 Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com G. Consider Approval of Resolution 13-111 Accepting Bids and Authorizing the Mayor and City Manager to Execute the City's Standardized Construction Contract for the 2013 Street Overlay (Project #13-500) and Concrete Repairs H. Consider Approval of Resolution 13-112 Approving Change Order Number 1 for Ridgemont / Main / TH 13 Improvement Project (Project #13-001) I. Consider Approval of Resolution 13-113 Authorizing a Special Hunt (Vierling) J. Consider Approval of Resolution 13-114 Authorizing a Special Hunt (Wild's) K. Consider Approval of Resolution 13-115 Accepting Proposals and Authorizing the Mayor and City Manager to Execute the City's Standardized Professional Services Contract with Element Materials Technology to provide Construction Testing Services for the Ridgemont / Main / Hwy 13 Improvement Project (Project #13-001) L. Consider Approval of Resolution 13-116 Authorizing the Purchase and Conveyance of Tax Forfeited Property M. Consider Approval of Resolution 13-117 Approving a Temporary Liquor License Exten- sion for the Prior Lake VFW N. Consider Approval of Resolution 13-118 Approving a Temporary Liquor License Exten- sion for The Pointe Grill & Bar O. Consider Approval of Resolution 13-119 Adopting Amendments to the City of Prior Lake Business Subsidies Policy and Adopting the Local Business Incentives Policy P. Consider Approval of Two Resolutions Relating to the Capital Improvement Program: 1. Resolution 13-120 Approving the 2014 — 2018 CIP 2. Resolution 13-121 Approving the Street Reconstruction Plan Morton: Requested that items 5G, 5H, 5K, 5L, 50 and 5P be removed from the Consent Agenda for discussion. Keeney: Requested that item 5F be removed from the Consent Agenda for discussion. McGuire: Requested that item 51 be removed from the Consent Agenda for discussion. Hedberg: Requested that item 5C be removed from the Consent Agenda for discussion. MOTION BY MORTON, SECOND BY KEENEY TO APPROVE THE CONSENT AGENDA AS MODIFIED. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion carried. Hedberg: Regarding 5C, commented that the report provides activity through the end of July and asked what the count of single family building permits is as of today. Poppler: Replied that 11 permits were applied for in August for 128 permits year-to-date; and 15 permits are in process. Permits are averaging 17 per month and if that continues the year- end total would be 204. Keeney: Regarding 5F, noted that both DWIs and motor vehicle accidents are up from last year and queried whether there is a specific cause for that. Encouraged everyone to drive safely. Morton: Commented that disorderly conduct, disturbing the peace, and criminal damage to property statistics are also up and wondered what might be driving those numbers. Hedberg: Requested the City Manager to have the Police Chief send a response to those questions to the Council. Morton: Regarding 5G, asked if the prices are in alignment with fewer street miles being over- laid and whether such pricing is calculated on a cost per mile basis. Asked how roadways are selected for overlay. DRAFT 08 26 13 City Council Meeting Minutes 2 Theisen: Replied that the cost for this year's overlay is $256,000. Last year 1.8 miles were overlaid and this year the overlay will be just over two miles. Bids came in where expected. Streets are selected for overlay based up their condition in the pavement rating scale (OCI). Morton: Asked if the overlay needs to be done due to the delamination of the roadway Theisen: Some studies are being done on why delamination is happening, but the mainte- nance procedure for delamination is to do an overlay. Morton: Asked if this project will encompass all of the problem area or if it is happening in other neighborhoods. Theisen: It is happening elsewhere, but this neighborhood is top on the list for overlay. Hedberg: Asked why pedestrian ramps are required with the concrete repair. Theisen: Replied that when a mill and overlay project is done, the area is required to be brought up to ADA standards. Hedberg: Commented that to keep up with the roadway network, the City should be averaging 3.4 miles of overlay annually. Stated that due to budget constraints, we are not keeping up. Morton: Regarding 5H, stated that the agenda report and resolution did not have a reference to the action taken to cap expenses for the striping, and queried whether the report and resolution should have included that reference for continuity of record. Poppler: Replied that this change order removes the $54,000 striping quotation from the con- tract. Hedberg: Asked that when striping is brought back to the Council for approval, a reference be made to the previous actions. McGuire: Regarding 51, noted that the Police Chief recommends the hunt only be conducted on the Vierling property north of CR 42 for safety reasons. Supports that recommendation. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE RESOLUTION 13-113 AU- THORIZING A SPECIAL HUNT ON THE VIERLING PROPERTY ON THE NORTH SIDE OF CR 42. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion carried. Morton: Regarding 5K, asked what is normal for the amount of tests conducted. Poppler: Replied that concrete, asphalt and soil are tested. Concrete and asphalt are tested for strength and consistency in gradation of particles. Soil is tested to assure it is compacted to density needed. Each pour of concrete is tested and projects are likely to have a series of pours. Soil testing may have an area that fails or that does not look right so more testing might be done. Estimates of the number of tests are included in the bid. Morton: Asked how many tests are estimated for this project. Poppler: Replied that the number of tests and costs per test is identified in the report including 60 cylinders tested for concrete and eight asphalt contact tests. Costs include the hours for testing and the geotechnical project manager. Morton: Asked at what point the testing happens. Poppler: Replied it is done at various stages as construction occurs over the whole project life. Morton: Regarding 5L sought clarification about which tax forfeited property is being recom- mended for the auction and which to acquire. Rogness: Responded and added that this parcel could be obtain through a Minnesota Deed Tax process. The City must make a determination that it is needed for a public purpose - in this case for stormwater purposes. There will be a minimal cost for pursuing the process. Morton: Asked if past due property taxes will be paid to the City for the unit of the four-plex af- ter it is sold at auction. DRAFT O8 26 13 City Council Meeting Minutes 3 Rogness: Believes the taxes are wiped away. Morton: Regarding 50 asked if the adoption of both the Business Subsidy Policy and the Local Business Incentive Policy will reflect all monies used for total disclosure. Rogness: Responded that the Local Business Incentive Policy reporting will reflect amounts above $5,000 and less than $150,000. Morton: Regarding 5P, asked if feasibility studies will be managed by staff. Poppler: Replied that some will be done with staff and others will require help to design. Re- quests for that would be brought to the Council for approval. A feasibility study is design and general layout that projects will entail and might include options of watermain improvements, sewer improvements, etc. that could be considered. It hones in on costs to give Council better understanding. Morton: Clarified that a project in the Capital Improvement Program included for general plan- ning may not necessarily come to fruition if plans change. Poppler: Correct, something in the study may be found such as unanticipated cost or design that makes us decide we do not want to move forward. Stated there are many opportunities to close down a project. MOTION BY KEENEY, SECOND BY MCGUIRE TO APPROVE CONSENT AGENDA ITEMS 5C, 5F, 5G, 5H, 5K, 5L, 50 AND 5P. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion carried. PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS No old business was scheduled. NEW BUSINESS Consider Approval of a Resolution Approving a Preliminary Planned Unit Development (PUD) and Preliminary Plat to be known as Bluffs of Shady Beach Planner Matzke described the site and provided an overview of activity with the Planning Commission activity regarding public hearing and plat design, which included direction to pro- vide two roadway accesses to Aspen Avenue. Reviewed the PUD purpose. Reviewed the tree preservation plan. Stated that the impervious surface plans remain within standards. City En- gineer / Inspections Director Poppler reviewed the grading and stormwater plan. Stormwater plans exceed standards and are considered as one of the PUD benefits. Commented that street connections from Shady Beach Trail were considered, but previous platting, system re- dundancy and safety concerns support the proposed configuration. Reviewed the utility plans. Matzke stated the development would be subject to usual fees. Developer will address grading and hydrology questions. The usual escrow fee will be held to assure compliance with grading requirements. Rosow: Stated that the PUD requires a 2/3 vote for approval and suggested that it be ad- dressed before the preliminary plat approval. DRAFT 08 26 13 City Council Meeting Minutes 4 MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE A RESOLUTION APPROVING A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) PLAN KNOWN AS THE BLUFFS OF SHADY BEACH. Hedberg: Stated that the Shady Beach Trail neighborhood has expressed concerns about run- off issues and hydrology and have engaged their own engineer. Asked if staff has held discus- sion with their engineer. Poppler: Replied that Water Resource Engineer Young has had discussions and, in general, many of the comments suggested by their engineer echo staff comments. �, Hedberg: Asked about a version of the plan that had a cul-de-sac coming off Aspen stating his understanding that a cul-de-sac would have terminated at a lower elevation; and that making the street connection to loop back to Aspen will require a fair amount of fill. Prefers the cul-de- sac and notes that there are a significant number of cul-de-sacs that are of this length or longer. Poppler: Replied that both the through street and the cul-de-sac would be of similar elevation. Hedberg: Asked about maintenance benefits of the through street vs. the cul-de-sac. Poppler: Responded that a cul-de-sac has a greater density of driveways and storage of snow becomes an issue so there is additional cost for trucking the snow out of the cul-de-sac. Safety issues could arise when there are roadway shutdowns at the access such as for watermain or gas line repair when there is no other option for moving people in and out of the cul-de-sac. Ac- cess issues also arise when streets are being reconstructed. Noted that the standard length of a cul-de-sac is 500 ft. Hedberg: Commented that an extended cul-de-sac was recently approved for another devel- opment and believes that cul-de-sac attributes outweigh the disadvantages cited. Commented that stormwater runoff over Shady Beach Trail is significant now and asked how this develop- ment would affect that. Poppler: Replied that this development reduces the area that will run off to Shady Beach Trail by approximately two-thirds as it will be draining to the stormwater features on the north and south sides of the development. Hedberg: Asked if the PUD criterion regarding compatibility of design of surrounding land uses was discussed by staff or the Planning Commission with the developer. Matzke: Looking at compatibility considers other land uses in the area and in this case the area is single family homes with different price points and aspects. Different house model types are being proposed for this area. It is compatible with the surrounding area by being a low-density area. Hedberg: Believes this area is a transitional area between entry level homes and luxury homes. Invited Engineer VanderTop to speak and asked what questions are unresolved after discussions with staff. VanderTop: Stated he serves as City Engineer for some communities in Hennepin County. Thanked staff for listening to comments that have been submitted. Stated that hydrology condi- tions submitted in the agenda report have included his comments. Believes hydrology com- ments regarding the infiltration basins especially on the ravine side are significant. Hopeful that staff holds the developer accountable in final plans and designs. Two items not in the condi- tions includes a belief that the area that contributes to runoff to Shady Beach Trail will be re- duced but changed in character with additional rooftops, manicured lawns, patios etc. so the drainage may not be reduced. Would like to have a shallow swale along Shady Beach Trail to catch runoff and direct it to the south stormwater basin. Believes it would be cost effective and easy. The second concern regards the outlet of that basin to the lake. Wants the stormsewer built as part of the project and not delayed to a future street repair; and if it is built, would like to know where it would be built. Hedberg: Questioned if an unresolved concern remains regarding an infiltration pond at the northern end of the ravine. DRAFT 08 26 13 City Council Meeting Minutes 5 Poppler: Replied that part of the design plans to date show how the clay barrier will be built so water infiltrates down into the soil. Hedberg: Asked the staff analysis of the swale suggestion. Poppler: Responded that with the sloping off of the edge of the road, building a swale would involve grading back to the northwest. Without reducing the street width, it would begin impact- ing the impacting that steep slope. The touchdown point would end up at the top of the slope. The conservation area with the trees that are intended for preservation would also be impacted. Hedberg: Asked if staff had an estimate of what the runoff would be when the character of the property changes to rooftops, etc. Poppler: Replied that the stormwater management report contains information about the rate of runoff for the proposed condition. Hedberg: Asked if the stormsewer will be constructed. Poppler: Replied that the utility plan shows the south basin and how the runoff will travel. Lo- cation and slope of the pipe will be shown in the final plans. It may be built beneath part of the street to stay within the right of way and away from private utilities. Hedberg: Asked if it would be feasible to extend minor reconstruction to establish a better crown. Poppler: Described the problem area where sheeting is occurring across Shady Beach Trail. Construction of the stormsewer pipe is south of that so construction of the outlet pipe is not in the sheeting area and it will not impact the roadway with construction of the pipe. Hedberg: With no calculations for the amount of runoff it seems there may still be impact on properties on Shady Beach Trail. Invited developer Schweich to discuss the size and style of homes intended to be built to assess compatibility with the neighborhood. Schweich: Responded that the with the current proposal, plans are for $420,000 -$480,000, two-story homes with 2200-2600 square feet and a three-car garage. Noted that the homes will be custom built. Made a reference to the calculations for runoff in the report commenting that Civil Engineer Ben Ford would be able to relate them. Ford: Commented that the calculations are in place and related them. Noted that Water Re- source Engineer Young has reviewed them. Keeney: Asked if Meadow Avenue drains across this property and whether that drainage will be addressed. Poppler: Replied that runoff crosses the right of way. Keeney: Commented that part of the value of this development to the City is that this runoff would be taken to the basin rather than running off untreated. Poppler: Affirmed, adding that it will reduce erosion. Keeney: Asked if the runoff currently flows directly into the lake. Poppler: Replied that it goes into the pipe inlet, then into the lake. Keeney: Commented that eventually Shady Beach Trail would be reconstructed and the design would be to install curb and gutter. Asked if the ponds would be expanded at that time to cap- ture the additional runoff from the curb and gutter. Poppler: Responded that there is some limited additional capacity on a City-owned parcel south of this development. Keeney: Stated he is interested in longer-term planning if it can solve some of the problems with stormwater runoff. Believes a value of the PUD to the City is to resolve having a location for stormwater for Shady Beach Trail. Stated that tree preservation is another consideration and asked if the trees have been counted as additionally preserved trees. Matzke: Responded that there is a conservation easement in the area that preserves the trees for buffering, screening and stabilizing the slope. Keeney: Asked if the preservation of the trees is included in the calculations for stormwater runoff. Poppler: The calculation includes the new impervious surface and the natural area. DRAFT 08 26 13 City Council Meeting Minutes 6 Keeney: Asked what will happen to the right of way for the street connection if a cul-de-sac de- sign is used. Poppler: Replied that current plans are showing the street connection so there is no plan for removal of the asphalt that is there. Keeney: Commented that it could be turned into a neighborhood access or walkway if the cul- de-sac design used, as a PUD criteria is trail connections. Has difficulty seeing this as signifi- cantly beneficial to the City as a PUD without having a longer term plan for Shady Beach Trail. McGuire: Shares concerns about the stormwater issues and wants assurances before voting for a final plat. The price point and description of the homes seems reasonable and wants that as part of the record. Believes it does not make sense to have a long cul-de-sac when there is an equally good option. Hedberg: Stated it would be good to have an estimate to add crown and gutter to Shady Beach Trail as reconstruction on that street is not planned for ten years and it could solve some drain- age problems if it had a better crown and somewhat of a gutter. Poppler: Responded that he does not see it as feasible without reconstruction as grade would have to be increased to build a crown and driveways would be impacted that are already steep. Keeney: Proposed dedicating a larger location for stormwater treatment that is sufficient to handle the runoff. The land area could be reserved even if the conveyance is not constructed at this time. Hedberg: Queried the feasibility of that. Poppler: Displayed grading and commented that the design is already maximizing the size. Stated that a benefit of this PUD is enlargement of the basin on the north end off Meadow Ave- nue which would handle a currently untreated area that is running into the lake. Hedberg: Asked if it is feasible to deepen the basin on the south end. Poppler: Perhaps it could be dug deeper or the retaining walls heightened. Keeney: Asked the timeline for Council action. Matzke: Replied that action could be tabled until the next Council meeting. Keeney: Commented that this project needs the treatment for stormwater runoff and ques- tioned whether that condition should be added now. Hedberg: Suggested tabling it due to technical and design issues about how much additional drainage can be obtained. Keeney: Suggested amendments be made so the southern basin can be sized to handle the remaining runoff that is occurring in anticipation of Shady Beach Trail having curb and gutter when it is reconstructed. Morton: Second the amendment. Keeney: Stated his intention was not to amend the motion but to table to allow staff time to learn about upsizing drainage. Morton: Agreed. Keeney: Withdrew the amendment to the extent it was believed to have been offered as an amendment to the motion. Morton: Withdrew the second. McGuire: Withdrew the motion. Morton: Withdrew the second to the motion. McGuire: Asked if a motion should include statements about the outlet to the pond and the type of home that Schwiech is proposing to build. Rosow: Replied that would not be pertinent to the tabling the item. MOTION BY KEENEY, SECOND BY MCGUIRE TO TABLE THE PRELIMINARY PLAT SUB- JECT TO A DETERMINATION OF THE CAPACITY OR A PLAN FOR THE RESIZING OF THE CAPACITY OF THE SOUTHERN BASIN TO ACCOMMODATE THE FULL RUNOFF WHEN SHADY BEACH TRAIL IS REDESIGNED AND RECONSTRUCTED. DRAFT 08 26 13 City Council Meeting Minutes � VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion carried. Consider Approval of a Resolution Approving a Preliminary Flexible Development Plan and a Preliminary Plat to be known as Hickory Shores South Planner Matzke displayed the site and provided details of proposed roads, utilities, park and parcels. Stated that a flexible development plan may be used to protect a quality natural area. Proposed trail connections were displayed. City Engineer / Inspections Director Poppler discussed the grading and utility plans. Community and Economic Development Director Rogness reported on a public hearing conducted by the township regarding a potential connec- tion of Wedgewood Lane to this plat. Township residents spoke against a connection believing it to be undesirable for their properties. Poppler identified property to the east near Rice Lake that has upland which will require access. The developer proposes a change that would allow such access. MOTION BY MORTON, SECOND BY KEENEY TO APPROVE RESOLUTION 13-122 AP- PROVING A PRELIMINARY PLAT TO BE KNOWN AS HICKORY SHORES SOUTH. Morton: Asked if the change to allow access to the upland needs to be a condition of the reso- lution. Poppler: Replied that the proposal is to shift lots to provide an outlot; and one of the comments addresses that. Keeney: Asked in what area the basswood forest would remain in place. Matzke: Displayed the areas where trees would be preserved. Noted that additional protec- tions are provided since the preserved trees are on city-owned outlots. Hedberg: Asked if discussions have taken place about extending a trail around the wetland. Matzke: Replied the discussion centered on trails around Rice Lake. Stated that the wetland south of Turner Drive is not a high quality wetland and elevations around it are marshy at times which could be problematic for trails during high water times of the year. Hedberg: Described the area where he would like to see consideration of a trail extension. Commented that trails open areas up for the public that would otherwise only be available to people whose back yards connect to them. Matzke: Agreed to have the discussion with the developer. MOTION BY HEDBERG, SECOND BY MCGUIRE TO AMEND THE MOTION TO ADD A CONDITION OF EVALUATING A TRAIL SURROUNDING THE WETLAND PRIOR TO FINAL PLATTING. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion to amend carried. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion carried. MOTION BY HEDBERG, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-123 AP- PROVING A PRELIMINARY FLEXIBLE DEVELOPMENT PLAN FOR HICKORY SHORES SOUTH WITH THE CONDITION OF EVALUATING A TRAIL SURROUNDING THE WETLAND PRIOR TO FINAL PLATTING. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion carried. DRAFT OS 26 13 City Council Meeting Minutes $ Consider Approval of a Resolution Approving a Combined Preliminary and Final Plat to be known as Hafdal Two and Setting Forth Conditions to be met Prior to the Release of the Final Plat Planner Matzke stated the project is to realign property lines to provide individual access to the properties. Described the site. MOTION BY MORTON, SECOND BY MCGUIRE TO APPROVE RESOLUTION 13-124 AP- PROVING THE COMBINED PRELIMINARY AND FINAL PLAT TO BE KNOWN AS HAFDAL TWO AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. Keeney: Asked if existing easement for utilities will be retained. Matzke: Affirmed, as well as access to that easement. Keeney: Asked if Lot 2 will retain the access easement across the new lawn until a driveway is built. Matzke: That is a private easement between the two property owners and is not a condition of the plat. Believes the owners intend to eliminate the easement. Keeney: Asked if utilities will eventually be relocated closer to the curb. Matzke: Replied that the grade is going downhill and reconstructed utilities would probably put the sewer at a lower elevation. Currently these properties would not meet the grade for reloca- tion. Hedberg: Asked if there will be a driveway constructed across Outlot A for Lot 2. Matzke: Yes, it is a condition of approval on the plat to align the driveways. Staff will work with them on a driveway permit. VOTE: Ayes by Hedberg, Keeney, McGuire and Morton. Councilmember Soukup was absent. The motion carried. OTHER BUSINESS None. EXECUTIVE SESSION Mayor Hedberg recessed the meeting into Executive Session at 9:30 p.m. in order for the Council to hold discussion regarding the proposed special assessments appeal settlement on the parcel known as the Geister property on the Sunset Avenue Project. The meeting reconvened at 10:06 p.m. City Attorney Rosow summarized the reason for the Executive Session noting that no decision was made nor action taken. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Morton and seconded by McGuire. The motion carried and the meeting adjourned at 10:07 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant DRAFT 08 26 13 City Council Meeting Minutes 9