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HomeMy WebLinkAboutAgenda & Minutes5:00 P.M, - City Manager Performance Evaluation 7:00 P.M. - CITY COUNCIL OPEN FORUM REGULAR COUNCIL MEETING AGENDA April 18, 1994 2. 3. 4. CALL TO ORDER ........................ 7:30 p.m. PLEDGE OF ALLEGIANCE CONSIDER APPROVAL OF MINUTES OF PREVIOUS MINUTES CONSENT AGENDA: a. Consider Approval b. Consider Approval c. Consider Approval d. Consider Approval e. Consider Approval f. Consider Approval g. Consider Approval Plan Amendment and Resolution 94-18 Denying Application by Wensmann Realty for the Brandt Farm. h. Consider Approval of Cable Television Report of Invoices To Be Paid of Animal Warden Report of Building Permit Report of Fire & Rescue Report of Treasurer's Report of First Quarter Budget Report of Resolution 94-17 Denying the Comprehensive the Rezoning PRESENTATIONS: PUBLIC HEARINGS: OLD BUSINESS A. Continuation of Council Consideration of Administrative Land Division for John Simpson, 3437 Sycamore Trail. Bo Consider approval of Assignment and Assumption of Development Agreement between the City of Prior Lake and Argus Development, Inc. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQLIAL OPPORTUNITY EMPLOYER " .... T T' 1 ...... a NEW BUSINESS A. Consider Ordinance 94-08 and Resolution 94-19 Approving the Rezoning and Comprehensive Plan Amendment for New Century Construction. B. Consider Ordinance 94-09 Amending the Zoning Ordinance to Incorporate Lot Size, Width and PUD Changes. C. Consider Whether Private Roads Should Continue to be Allowed Under the Terms of the Subdivision Ordinance. D. Consider Amendment or Revocation of Architectural Design Ordinance - City Code, Section 4-7-1 9. OTHER BUSINESS 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A41894.WRT MINUTES OF THE CITY COUNCIL Monday, April 4, 1994 CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, April 4, 1994 at 7:31 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Scott and Schenck, (Councilmember Kedrowski joined the meeting at 7:59 p.m.), City Manager Boyles, Assistant City Manager Carlson, Planning Director Graser, Associate Planner Mitchell, Public Works Director Anderson, Assistant Engineer Loney, Engineering Technician Evans, Attorney Kessel, and acting Recording Secretary Schewe. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF MARCH 21, 1994 MINUTES. Councilmember Greenfield indicated that the last line of item of 8B New Business on page five should reflect that Mr. Graser stated that, "It had not been officially abandoned." Councilmember Greenfield stated that, "nothing had been done to revise the zoning category." Councilmember Scott indicated that the recording secretary will have to sign the minutes. MOTION BY, SCOTT, SECONDED BY SCHENCK, TO APPROVE THE MARCH 21, 1994 COUNCIL MINUTES WITH THE AMENDMENTS NOTED. Upon a vote taken, yeas by Greenfield, Scott and Schenck, the motion carried. Mayor Andren abstained because she was not present at the March 21, 1994 meeting. CONSENT AGENDA: ao Consider Approval of Invoices To Be Paid Consider Approval of Conditional Use Permit To Allow a Public Building (Fire Station) in the R-1 Zone. Consider Approval of Township Fire and Rescue Contracts. MOTION BY SCHENCK, SECONDED BY GREENFIELD, TO APPROVE CONSENT AGENDA ITEMS (a) THRU (c) Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion carried. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN F.(~AL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes April 4, 1994 A short recess was called. The meeting reconvened at 7:55 p.m. PRESENTATIONS Presentation of Certificates of Appreciation for Former City Staff and Committee Members. Mayor Andren awarded Certificates of Appreciation to Dean Sutliff for his work on the Economic Development Committee, Dave Moran and Dave Vinlove for their work on the Lake Advisory Committee, and Joel Rutherford for his work as Water Resources Coordinator. Receive $500 donation from Prior Lake Pirates - Bill Mangan introduced Raleigh Haas, manager of Prior Lake Pirates baseball team. Mr. Haas gave Mayor Andren a $500 check to be used toward the maintenance of Memorial Park which his team annually uses as their home field. Community Values Week, April 14-21, Presentation by Pat Kennedy - Pat Kennedy outlined the school activities which will take place during Communities Values Week scheduled for April 14-21, 1994. She distributed a copy of the Communities Values Statement and the schedule of speakers for the event. Pat indicated that Bill Mangan, City Park and Recreation Director, was among fifty nominees for outstanding citizen. These nominees will be recognized at the April 14, 1994 Hidden Oaks presentation by John Crudele. Councilmember Kedrowski joined the meeting at 7:49 p.m. PUBLIC HEARINGS -7:45 p.m.: Conduct Public Hearing on Improvement Projects 94-02, Northwood Road, and consider resolution 94-15 ordering improvements and preparation of plans. - Mayor Andren called the public meeting to order at 7:55 p.m. and read the public hearing notice as it appeared in the Prior Lake American on February 26 and March 5, 1994. City Manager Boyles indicated that one Public Information Meeting had been conducted on this subject which involved the participation of 44 residents. He asked who had attended the public information meeting so that those who did not receive information packets were provided one. Assistant Engineer Loney reviewed the details of the project including: history of improvements to the roadway, drainage problems, road breakup problems, vehicle capacity of the roadway, roadway width, Minnesota State Aide requirements, estimated costs, City policy with respect to distribution of improvement costs, and problems created by converting a road from rural section to an urban section as proposed in this project. He stated that the total -2- Prior Lake City Council Minutes Apdl 4, 1994 project cost is estimated at $919,950 and that the amount assessed would be approximately $550,230 of that amount. The city's ad valorem levy would be recovered through MSA funds. He indicated that the Council's alternatives are to adopt Resolution 94-15 ordering the improvement and preparation of plans and designating MSA as the consulting engineer, or deny or table any action. The meeting was opened for public input and the following persons addressed the Council to express their concems: David Dornbush, 15346 Fish Point Road - Indicated that he is considering acquiring a lot in this area. He asked whether the construction would affect drainage between Spring Lake and Prior Lake, and how close storm drainage improvements could be placed to sewer and water pipes. He asked to be involved when storm sewers are located and when drainage plans are finalized. Bruce Loney indicated that: the project would not effect drainage between Spring Lake and Prior Lake, storm water pipes in the vicinity of sewer and water would be constructed at the same standards and that Mr. Dombush can be involved in future meetings of the project. John Sweeney, 16109 Northwood Road (Lot 87) - Asked whether people would be allowed to build north of the private road easement located from Lot 80 to 87. He also wanted to know where additional right-of-way would come from for the roadway. Bruce Loney indicated that private roads are not maintained by the City. New right-of-way required in his area would be taken from the west which is the park side of the road. The sidewalk would also be anticipated for the other side. Tom Haiker, 16530 Northwood Road - Does not believe that the road is any worse than any other in Prior Lake, he is still paying for improvements made to this road and is concerned that improvements will yield more traffic and noise without necessary enforcement. Gary Mentjes, 16327 Northwood Road - Stated he is glad that there will be an opportunity to meet the engineers on the site to negotiate the treatment at the crest of the hill. He expressed concern about the effect that lowering the road will have on people's driveways, and wanted to know if the road will be moved westerly within the existing right-of-way. Bruce Loney stated that there will be an effort to flatten the vertical and horizontal curves to a 30 m.p.h, design standard. He outlined -3- Prior Lake City Council Minutes April 4, 1994 the problems associated with matching the driveways, and indicated that the engineer will be reviewing the final plans on site with the neighborhood. Neale Caflisch, 16245 Northwood Road Wants to be notified about the specific location of the road, the interest rate of the assessment, whether it is a flat rate and who maintains the sidewalk. Larry Anderson stated that the project is assessed at 1% over the amount the project is bonded for. We anticipate that this amount will be 8% but there is no guarantee. A water quality pond is being built to minimize the introduction of pollutants and fertilizers into the lake. The City is responsible for maintenance of the sidewalks. Ann Richardson, 15820 Arctic Circle - Is concerned about traffic speed once the roadway is improved. She asked whether speed bumps could be installed, what the project will do to wildlife and property which is not being assessed. Larry Anderson indicated that speed bumps create liabilities and are not effective. Enforcement is the only answer together with voluntary compliance. The road has been designed to be narrower to reduce speeds, as well as to fit the road within the available right-of-way. The sidewalk is intended to enhance safety. Jim Laniel, 16633 Northwood Road Indicated he is concerned about the safety of his children. He asked whether County Road 81 is going to be improved by the county so that it could be used as a prime access to Mystic Lake. Larry Anderson responded that as far as he knows the County's Capital Improvement Program does not include County Road 81. Relocation of Northwood Road altogether would require the approval of Spring Lake Township. Besides the costs being to high it is not likely that they would participate in the assessments. Bill Dueffert, 16730 Northwood Road - Indicated that he does not want the road and that this is the third time in 24 years the road has been blacktopped. Since the sub-base is wet he believes the road will break up shortly. Larry Anderson indicated that the life span of the road should be at least 20 years. The last improvement involved grading but no subsurface replacement and preparation. In 1976 short segments of the road were improved as part of the sewer and water project. He expects that the nine ton road design will help the road to last longer. -4- Prior Lake City Council Minutes April 4, 1994 John Tetzloff, 16337 Northwood Road - Asked about the storm sewer drainage near the DNR pond drain, how the fire fighters access hydrants which are away from the road and closer to the lake, and the fact that he likes the sidewalks and the narrowness of the proposed road. Bruce Loney indicated that drainage will be dictated by the elevations. Everyone with frontage along the road is assessed, except the wetlands, because there is no improvement. All property owners share this cost and is part of the reason for the city paying 40 percent. Brent Johnson indicated that it is sometimes necessary for the Fire Department to drive down private drives to get access to the hydrants. Placement of the water main was dictated by the location of the sewer which had to be lower than the existing house elevations. Cai Brown, 16383 Northwood Road - States he believes the road is needed and supports the sidewalk. Vija Pelecis, 16113 Northwood Road - Distributed a flyer to residents expressing concern about the prohibition of parking on the improved Northwood Road. Her driveway provides room for only four vehicles and she can't have guests. She wanted to know why the road cannot be 32 feet wide rather than the proposed 28 feet. Larry Anderson stated that typically a collector street is 36 feet wide. Because of right-of-way restrictions, speed concems, and costs the road has been recommended at 28 feet. Mayor Andren closed the public portion of the meeting and asked for City Council input. Councilmember Kedrowski asked for an increase of monitoring of Northwood Road by the Police Department, he supports the need for the project. Councilmember Schenck asked if the road would be redesigned near lots 110 and 111 and the existing road would be vacated. Larry Anderson stated that the traveled section of the road has a prescriptive easement and that's what would be improved. Councilmember Schenck asked whether curb and gutter will assist drainage near lots 111 and 112. Councilmember Scott indicated she favors the project, but she is concerned that parking may be created because of the parking ban, and suggested staff find some means of resolving this problem. Larry Anderson indicated that people could widen their private driveways or the street could be widened, recognizing that the cost would be about $10,000 per foot of width added. Larry Anderson indicated he would look at a 32 foot wide street and check the sight distances. Ann Richardson asked whether the city can issue parking permits, and Jim Boerhave asked whether tumouts can be built as part of the road. -5- Prior Lake City Council Minutes April 4, 1994 Bruce Loney clarified that MSA standards would prohibit both permit parking and tumouts. Councilmember Greenfield asked whether or not the road could be expanded to 32 feet along those areas which are particularly dangerous or where parking is necessary. Larry Anderson indicated he would investigate this. Councilmember Greenfield expressed concern about speeding, especially off Freemont. Councilmember Schenck expressed concern that these roadway improvements also contemplate any development of the Dunn parcel. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO ADOPT RESOLUTION 94-15 ORDERING IMPROVEMENTS AND PREPARATION OF PLANS ON NORTHWOOD ROADS (94-02). Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO AUTHORIZE THE CONSULTING FIRM OF MSA (MAIER STEWARTS AND ASSOCIATES) TO ACT AS ENGINEERING CONSULTANT FOR THE PREPARATION OF PLANS AT A COST NOT TO EXCEED $52,000. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. A short recess was called. The meeting reconvened at 10:00 p.m. OLD BUSINESS Consider award of bid for Fire Station # 1 - City Manager Boyles introduced this item. Paul Mickelberg, Boarman Kroos Architects, indicated that nine bids were received on March 29, 1994 for the construction of Fire Station #1. The Iow bid amount of $1,470,000 submitted by Kratochvil Construction is the Iow bid. Reference checks have confirmed that this is a reputable, high quality firm. City Manager Boyles indicated that it is his opinion Council should waive the Permit Plan Review and Park Support Fee, pay the Metropolitan SAC and State Surcharge Fees and hold in abeyance payment of the Collector Street, Sewer and Water and Water Tower Charge Fees until such time as all project costs are known. If project funds remain at that time, the final fees should be paid from the project budget. Representatives of the Fire Facilities Committee concurred with this recommendation. -6- Prior Lake City Council Minutes April 4, 1994 Bo MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-16 A RESOLUTION AUTHORIZING THE AWARD OF BID FOR PRIOR LAKE FIRE STATION #1 AMENDING THE RESOLUTION BY SUBSTITUTING JUNE FOR THE MONTH OF NOVEMBER IN THE FIRST WHEREAS AND ADDING A THIRD PROVISION ADDING NOW THEREFORE TO READ "NO. 3 WAIVE PERMIT FEE, PLAN REVIEW FEE AND PARK SUPPORT FEE." Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. Consider petition by Wensmann Realty to approve Ordinance 94-03 and Resolution 94-14 to amend the comprehensive plan - City Manager Boyles indicated that the City Council had considered this request at the March 21, 1994 meeting and discussion revealed that there was no consensus, the petitioner then requested that the item be deferred to the April 4 meeting. There were four options for the Council to consider including: denial of the Comprehensive Plan Amendment and Rezoning Application with direction to prepare a resolution of facts and findings; table action; approve the Comprehensive Plan Amendment and Rezoning Request or direct staff to negotiate with the petitioner to develop a plan consisting of both commercial and office. Leo Verling - Stated that if. this is zoned industrial, why should it be changed. He does not believe this is right and it should remain as industrial especially near County Road 42 and his property. Terry Wensmann of Wensmann Realty stated that they bought this site because of the amenities. They felt that it would be more fitting for residential than commercial or industrial. Councilmember Kedrowski indicated that he would support approval of the resolution or negotiation with the petitioner to develop the combined land use. Councilmember Schenck stated that he supports the proposal because of its protection of natural amenities, trees, slopes, and wetlands. He is impressed with the petitioner and the application meets the City's normal Comprehensive Plan criterion with respect to preservation of natural amenities. Councilmember Greenfield said there is insufficient information provided either by the applicant or staff to show the alternatives to residential and that more information is needed to help him better understand why this property could not be used for corporate offices. Councilmember Scott indicated that the CR 42 corridor should be reserved for business and could not support the rezoning request, but she would consider business along with residential on the parcel. -7- Prior Lake City Council Minutes April 4, 1994 Mayor Andren indicated that residents have said that the community's number one priority should be business and diversification of tax base. The 1981 Comprehensive Plan first set aside 280 acres as industrial land preserved for a high amenity business park. This included the Verling parcel, Brandt parcel and another parcel and ninety-seven acres was requested to be removed for the Carriage Hills development. The Planning Commission decided to commission a study to determine which parcels should be commercial. The 1990 Advanced Resources study focused on short and long-term business opportunities in five areas. The only negative at the time of the study for this parcel was that County Roads 42 and 21 were not yet on the County's Capital Improvement Program. She recited the land trade for The Wilds and the fact that the Verling Parcel had been taken out, but that zoning had not been changed. She believes that diversity of tax base should be maintained. She quoted four questions which included: is there a public need to convert to residential? Will the granting of the request affect the potential of the commercial district? Is the request consistent with the community? Is the re-designation of this site a sound planning application? She gave her opinion on each of these questions. Herb Wensmann stated he is willing to wait to develop the parcel. He understands the problem the City is having and would be willing to compromise with some townhomes and office park. Mayor Andren indicated that she understands Wensmann creates a high quality product, but does not want to see hasty decisions without data. Staff outlined the proposed commercial office industrial project to include an initial 60 day phase for preliminary results, a 30 day phase for Council review and direction, and an estimated final 30 day phase for more detailed market analysis. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO DENY REQUEST FOR COMPREHENSIVE PLAN AMENDMENT. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO DENY THE REQUEST FOR THE ZONING ORDINANCE CHANGE. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. Staff was directed to prepare a resolution showing findings of fact to confirm the Council's action with respect to the Comprehensive Plan and Zoning Ordinance matters. A short recess was called. The meeting reconvened at 11:00 p.m. -8- Prior Lake City Council Minutes April 4, 1994 am NEW BUSINESS Authorize $6,500 to complete Strategic Planning Program - City Manager Boyles stated the Council's top priority for 1994 was to undertake a Strategic Planning Process. He is recommending that the firm of Cincinnatus and president, Ken Ecklund, be authorized to undertake the study at a cost not to exceed $6,500 to be drawn from the Contingency Account. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO AUTHORIZED THE EXPENDITURE OF UP TO $6,500 FROM THE CONTINGENCY ACCOUNT TO COMPLETE A STRATEGIC PLANNING PROCESS FOR THE CITY. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. Consider whether cost estimate should be prepared regarding cable televising of City Council Meetings. City Manager Boyles stated that councilmember Schenck was interested in improving the City accessibility to the general public. He asked that the staff prepare a cost estimate for cable televising City Council meetings and that this estimate be provided together with the 1995 budget. Council concurred that this action should be taken. Co Consider Adoption of Business Office Zones - Councilmember Greenfield stated that he believes it would be appropriate for Blair Tremere, as part of his commercial office industrial project, to refine the definitions of allowable business uses in the zoning ordinance at a cost not to exceed $750. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A SUPPLEMENTAL AGREEMENT WITH PUBLIC AFFAIRS CONSULTING AT A COST NOT TO EXCEED $750 FOR THE PURPOSE OF REFINING THE DEFINITION OF BUSINESS OFFICE ZONES IN THE CITY'S ZONING ORDINANCE FOLLOWING THE COMPLETION OF THE COMMERCIAL OFFICE INDUSTRIAL STUDY CURRENTLY UNDERWAY. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. OTHER BUSINESS City Manager Boyles pointed out the progress that has been made with respect to Lord Street access and the 1994 Dakota/City agreement for police and fire service costs. -9- Pdor Lake City Council Minutes April 4, 1994 10, Councilmember Kedrowski asked that the staff provide the Council with an update on the Abbott property claim. He also asked that the staff find out whether County Road 81 is part of the county's improvement plan and share this information with the Council and with Jim Laniel. Councilmember Greenfield asked for clarification in the LAC goals and objectives. City Manager Boyles stated that he will place an outline of the proposed Lake Access Study which the LAC will be conducting in the Council's next update for approval. Mayor Andren provided a certified letter from Mary Mertz to the City Manager requesting that a response be prepared. ADJOURNMENT The meeting adjoumed at 11:20 p.m. The next Council meeting Will be Monday, April 18, 1994 at 7:30 p.m. City Manager M40494 Recording Secretary -10-