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HomeMy WebLinkAbout091800 RegularREGULAR COUNCIL MEETING MINUTES September 18, 2000 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Petersen and Ericson, City Manager Boyles, City Attorney Pace, Planning Director Rye, Public Works Director Osmundson, Police Chief O'Rourke, City Engineer McDermott, Planning Coordinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. Councilmember Gundlach joined the meeting following Item 8B (Consider Approval of Resolution 00-83 Awarding Bid for Sale of 1993 Sun Voyager Motorhome and 1999 Arctic Cat Snowmobile). APPROVAL OFAGENDA: ERICSON: Asked to remove Item 4F (Consider Approval of Resolution 00-81 Continuing City Participation in the Livable Communities Program) from the consent agenda. BOYLES: Requested adding an Executive Session to discuss the Boderman litigation and TJ Towing. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Petersen and Ericson, the motion carried. APPROVAL OF MINUTES FROM SEPTEMBER 5, 2000 REGULAR MEETING. BOYLES: Noted several typographical changes, as well as revisions to page 3 of the draft minutes under the public hearing for Linden Circle improvements. Under Mader, the sentence beginning "Asked why..." was amended to read "Asked why, in this case, $10,000 of the total $93,000 project was being picked up by the City." Under Greg Klugherz, it was added that "this was an 8% interest rate assessment .... ". MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE SEPTEMBER 5, 2000 REGULAR MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Petersen and Ericson, the motion carried. CONSENT AGENDA: (A) (B) (C) (D) (E) Consider Approval of Invoices to be Paid. Consider Approval of Treasurer's Report. Consider Approval of Building Permit Report. Consider Approval of Fire Call Report. Consider Approval of Refuse Hauler Permit for Tidy Disposal, Inc. Com,.m,,'Jn!t!e~ Program. BOYLES: Briefly reviewed each of the consent agenda items. ].6200 Eagle Creek Ave. S.E., Prior Lake, Hinnesota 55372-].714 / Ph. (612) 447-4230 / Fax (61_2) 447-4245 AN E(~UAL OPPORTUNITY EMPLOYER City Council Meeting Minutes September 18, 2000 MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE CONSENT AGENDA AS AMENDED. VOTE: Ayes by Mader, Petersen and Ericson, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. Consider Approval of Resolution O0-8f Continuing City Participation in the Livable Communities Program. ERICSON: Asked the City Manager to provide a background and rationale regarding the City's past participation in the Livable Communities Program. Further commented that he believed in less top down government control and the program essentially allows the Metropolitan Council to require City participation in order to get their cooperation. BOYLES: Explained that the legislature initiated the program in 1995 as recommended by the Metropolitan Council in order to encourage communities to develop life cycle housing. The program asks cities to establish goals based upon metro area statistics in order to meet optimum life cycle housing. Further discussed ALHOA contributions covered by Scott County for operation of The Towers apartments. The City has elected, in the past, to adopt the annual resolution so that it meets the initial criteria for obtaining funding from the Metropolitan Council, and to avoid any negative connotation from not participating. ERICSON: Commented that this is the Metropolitan Council's way of requiring participation if we want to be considered for funding. Did not support the motion. MOTION BY PETERSEN, SECOND BY MADER, TO APPROVE RESOLUTION 00-81 CONTINUING CITY PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM. MADER: Commented that Councilmember Ericson's analysis is probably correct, but given there is no short term impact, feels it is appropriate to support the program. VOTE: Ayes by Mader and Petersen, Nay by Ericson, the motion carried. PRESENTATIONS: Presentation Regarding Sale of $1,125,000 General Obligation Bonds (Steve Mattson, Juran & Moody) MATTSON (Juran & Moody): Discussed the process for the negotiated sale of general obligation bonds, including getting the documentation together, distributing it to a number of buyers, banks and investors, and then determining when to sell the bond issues. Further discussed the City's negotiated sale position, "A" bond rating, interest rates and debt position. ERICSON: Asked how the City's bond rating is evaluated. MATTSON: Advised that a number of factors go into determining bond rating, but the most significant are valuation base, population base and stability of management and financial statements. BOYLES: Asked how Prior Lake's bond rating compares to other cities of its size. 2 City Cobncil Meeting Minutes September 18, 2000 MATTSON: Answered that Prior Lake is probably a little bit stronger than most. Further explained the rating process, including rating agencies, rating categories and debt retirement. Noted that as the rating goes up, the interest rate should go down on future bond issues. MADER: Asked how a bump from A-2 to A-1 would correspond to a change in the interest rate. MATTSON: Advised that the rate would vary with the market, but in the market today, the lowest superior rating (B-AA) and a non-rated Minnesota bond, is virtually the same. Between an A-1 and an A-2 there is probably a difference of less than 5 basis points or 1/20th of 1% in this market. However, there are markets where the difference has been over 1/10th of 1%. PUBLIC HEARINGS: NONE. OLD BUSINESS Consider Approval of Resolution 00-82 Authorizing Negotiated Sale of $1,125,000 General Obligation Improvement Bonds of 2000. BOYLES.' Provided the staff report in connection with the staff report, advising that this resolution would authorize staff to negotiate the sale, and then a special meeting would be required to award the sale of the bonds. MATTSON: Clarified that the projected timing for the sale of the bonds would probably not warrant a special meeting. Award of the sale could take place at the next regular meeting on October 2nd. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-82 AUTHORIZING NEGOTIATED SALE OF $1,125,000 GENERAL OBLIGATION IMPROVEMENTS BONDS OF 2000. VOTE: Ayes by Mader, Petersen and Ericson, the motion carried. Consider Approval of Resolution 00-83 Awarding Bid for Sale of 1993 Sun Voyager Motorhome and 1999 Arctic Cat Snowmobile. BOYLES: Reviewed the agenda item in connection with the staff report, advising that the vehicles had been obtained through criminal forfeiture and according to statute the funds received for the sale would be distributed 70% to the City, 20% to the County, and 10% to the State. MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-83 AWARDING BID FOR SALE OF 1993 SUN VOYAGER MOTORHOME AND 1999 ARCTIC CAT SNOWMOBILE. VOTE: Ayes by Mader, Petersen and Ericson, the motion carried. The Council took a brief recess. Councilmember Gundlach joined the meeting. City Council Meeting Minutes September 18, 2000 Consider Approval Approving Change Order #2 and Final Payment for City Project 99-02 Lift Station Renovations. BOYLES: Reviewed the agenda item in connection with the staff report. PETERSEN: Asked if the pump installed is still adequate now that it was found a three-inch force main was necessary. Also asked about the costs for manhole covers. OSMUNDSON: Explained that it is fairly typical that there would be either a two-inch or three-inch force main. There was probably a very small difference in the pump. Also noted that the costs for the manhole covers was probably a re-stocking charge. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE CHANGE ORDER #2 AND FINAL PAYMENT FOR CITY PROJECT #99-02 LIFT STATION RENOVATIONS. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of Resolution 00-84 Amending the 2000-2001 Capital Improvement Program Relating to Raspberry Ridge Drainage Project and Fish Point Road Trail. BOYLES: Explained the staff recommendation for amending the CIP to complete the Fish Point Road Trail in 2000 rather than 2001, adding necessary drainage improvements for Raspberry Ridge, and modifying and moving the proposed Center Road water quality improvement project to 2004 and combining it with County Road 12 improvements. OSMUNDSON: Further discussed the exact location of the proposed Fish Point trail improvements, and advised that the contractor completing the Deerfield project will give us an excellent price for completing the trail. MADER: Clarified that with the trail project the issue is just moving up the timing because the project was scheduled for 2001, completing the Center Road project at a later date to possibly utilize different technology in order to save trees, and adding the Raspberry Ridge project for an estimated $10,000. Asked if staff would come back to the Council once engineering work had been completed. OSMUNDSON; Advised that staff would like the authority to proceed with the project at this time, but could return to the Council with quotes. MADER: Suggested adding language that would authorize staff to proceed, but to return to the City Council with quotations in order to determine costs for the Raspberry Ridge drainage improvements. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-84 AMENDING THE 2000-2001 CAPITAL IMPROVEMENT PROGRAM RELATING TO RASPBERRY RIDGE DRAINAGE PROJECT AND FISH POINT ROAD TRAIL AS AMENDED. GUNDLACH: Asked for clarification as to the costs for the 800 feet of trail. OSMUNDSON: Advised that the bid prices for other trails within the City came in at about $18 per foot. The price from the contractor on the Deerfield project is $10.75 per foot. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. 4 City Council Meeting Minutes September 18, 2000 Consider Approval of Resolution 00-85 Accepting Bid and Awarding Contract for Band Shelter at Lakefront Park. MADER: Noted that the Council previously directed the staff to prepare specifications and bid the project. Further advised that the Lion's Club is donating $30,000 toward the construction of the band shell. BOYLES: Noted that the actual costs came in slightly above the projected cost of $50,000. Advised that there were additions for electrical work and construction of a storage shed. The resolution under consideration awards bid for the construction of the band shell not to exceed $51,084, and authorizes staff to complete the electrical wiring and storage shed in an amount up to an additional $3,000. ERICSON: Asked if the design of the storage shed will be consistent with the pavilion. BOYLES: Advised that the intent is that the storage shed and the band shell will be consistent with the pavilion. PETERSEN: Noted how often the staff is able to complete work such as the construction of the storage shed in house. Also asked whether the City is providing the shingles. BOYLES: Advised that the shingles will now be supplied by the contractor, who also worked on the construction of the pavilion. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-85 ACCEPTING BIDS AND AWARDING CONTRACT FOR BAND SHELTER AT LAKEFRONT PARK TO CANNON CONSTRUCTION OF CANNON FALLS IN AN AMOUNT NOT TO EXCEED $51,084.00, AND AUTHORIZING STAFF TO EXPEND UP TO $3000 FOR COMPLETION OF ADDITIONAL ELECTRICAL WIRING AND THE CONSTRUCTION OF THE STORAGE SHED. BOYLES: Noted that the staff had targeted to bring award of this project to the Council earlier, but delayed in order to collaborate several staff members on the specifications. In any case, the project will be completed earlier than initially projected. MADER: Further clarified that there was not need for apology, because the project had previously dropped and was brought back to the Council when the Lion's Club indicated there willingness to contribute support. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of Resolution 00-86 Accepting Bids and Awarding Contract for Boudins Manor Drainage Improvements (City Project 11-00). BOYLES: Reviewed the item in connection with the staff report. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-86 ACCEPTING BIDS AND AWARDING CONTRACT FOR BOUDINS MANOR DRAINAGE 5 City Council Meeting Minutes September 18, 2000 IMPROVEMENTS (CITY PROJECT 11-00) TO SUNRAM CONSTRUCTION, INC. OF CORCORAN IN AN AMOUNT NOT TO EXCEED $37,114.00. GUNDLACH: Asked for clarification as to the rationale for replacing and extending the storm sewer. MCDERMOTT: Staff determined it was necessary to extend the pipe through the park to eliminate a part of the channel, as well as to replace the flared end at the outlet at the ponds. MADER: Advised that the Council had also seen this project previously. Pleased that the City is addressing some of the water management projects that impact water quality. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of Ordinance 00-22 Approving an Amendment to the Zoning Ordinance Relating to the Combination of Nonconforming Lots Divided by a Private Road but Under Single Ownership (Case File #00-046). MADER: Advised that this issue was previously before the Council and advised that there was some concerns as to overall rationale for implement the ordinance for only private roads, as well as how the provision could be limited so as not to create additional problems. KANSIER.' Further noted that the amendment would be limited to two or more nonconforming or substandard lots under common ownership and separated by a private road or driveway to be combined as a single buildable lot under specific conditions, including submitting an application for a lot combination, filing a restrictive covenant stating that the two lots must be used in conjunction with one another and cannot be subdivided, added structures must meet minimum setbacks, and a process for public review of accessory buildings. Discussed the language added to further limit the effect of the ordinance amendment requiring that there be an existing principal structure on one of the lots. Advised that the issue of applying the amendment to lots divided by public streets is a policy question for the Council. Suggested considering that for private streets there is an underlying ownership on the adjacent lot owners and the City is not responsible for maintenance. Further noted that there are a finite number of lots that the ordinance amendment would affect. PETERSEN: Recommended limiting the ordinance to private streets. ERICSON: Agreed, and did not see a benefit to adding the amendment for lots divided by public streets. MADER: Asked where the setbacks would be calculated from, and is concerned that if and when the street becomes public, the garage that is built at the current setback becomes a nonconformity when the street becomes wider. Also concerned the Council would have a solid rationale for an applicant requesting the same consideration for lots separated by a public street. KANSIER: The setback would be calculated from the edge of the dedicated private street. Explained that typically, private streets that are improved do not extend beyond the minimum 20 feet for a variety of reasons, and also advised that in the case of public improvements the zoning ordinance allows such structures automatic variances and the structures are not considered nonconforming. MADER: Suggested referring the item back to staff to further determine how the language could be written so that the setbacks used would not create any future nonconformities, as well as review the 6 City Council Meeting Minutes September 18, 2000 rationale for considering public streets. Believed that there will come a point where all private streets become public as maintenance and improvement costs continue to increase, excepting those private streets within a PUD that are built to City standards. ERICSON: Asked if the Public Works Director anticipates that the existing substandard private streets would eventually become public. OSMUNDSON: Advised that he hoped that would not be the case, because it would take a significant amount of work to bring them up to City standards. Noted that many of the private streets built within PUDs today are of City standard, but the right-of-ways and the setbacks are not the same. Also advised that for maintenance reasons, the City prefers to keep private streets. PETERSEN: Commented that there is never a time when ordinances can address every possible scenario. Believed it was appropriate to approve this particular applicant's request. ERICSON: Agreed that action approving the amendment for private streets at this time was appropriate, and that if the issue came up involving a public street, that it be considered at that time. MADER: Asked if for this particular project, whether a 30 or 35-foot setback could be accommodated. KANSlER: Advised that staff has not seen any specific sight plans at this time. Commented that one of the purposes of a garage setback is to be sure there is a driveway where a car can be parked and 25 feet generally accomplishes that. ERICSON: Asked if there were any provisions regarding the garages relationship to existing buildings. KANSlER: There is a setback averaging provision with a minimum of 20 feet, and a maximum of 35 feet, as compared to the existing neighborhood. ERICSON: Commented that then all the buildings would be required to be set back in a similar fashion, so additional setbacks would not necessarily provide additional right-of-way if the road was to become public provided there are other buildings on that side of the street. MADER: Added that he may be trying to move one building back when the existing buildings are already at 25 feet. Advised that he has been persuaded to support the resolution. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE ORDINANCE 00-22 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE COMBINATION OF NONCONFORMING LOTS DIVIDED BY A PRIVATE ROAD BUT UNDER SINGLE OWNERSHIP (Case File #00-046). VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. The Council took a brief recess. Consider Approval of Resolution 00-87 Approving the Final Plat and Development Contract for the Wilds 5~" Addition. BOYLES: Reviewed the item in connection with the staff report. 7 City Council Meeting Minutes September 18, 2000 MOTION BY PETERSEN, SECOND BY GUNDLACH, TO APPROVE RESOLUTION 00-87 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR THE WILDS 5TM ADDITION. GUNDLACH: Asked the reason there is no land dedication for park. KANSlER: Advised that half of the plat is part of the original Wilds subdivision, and if the City were to take land on the remaining portion of the plat, it would be less than an acre, and there is not much the City can develop as far as a park area on one acre. It makes more sense to take the cash payment, given that there is additional park land to the west, and develop a larger park in the next few years. MADER: Asked how large the adjacent park area would be. KANSIER: Probably around 5 or so acres. J~M STANTON (Shamrock Dev.): Advised that there was a park land dedication made at the time of the Wilds subdivision. However, the park was not in a good location and when the Wensman development was done, the park was relocated west of the pumping station. In addition, they are combining close to 10 acres in that location. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of (1) Ordinance 00-23 Approving a Zone Change Request by Eagle Creek Villas, LLC and Freedom Development and Consulting for Property Described as Lots 2, 3 and 4, Block 2, Holly Court; (2) Resolution 00-88 Approving an Amendment to PUD 82-12 (Priorwood PUD); and (3) Resolution 00-89 Approving a Preliminary Plat to be Known as Creekside Estates for the Property Located in Section 2, Township 114, Range 22. MADER: Noted that the Council had completed a work session on this development and reviewed the three actions requested by staff. Suggested reviewing the issues, beginning on page 4 of the staff report, starting with congregate housing requirements. KANSIER: Explained that the ordinance requires approved covenants and restrictions be recorded against the property to insure that the building occupancy meets the requirements. The developers current proposal does not meet the requirement, so the resolution provides that the covenants must be submitted and approved by the City Attorney prior to final plat. MADER: There are some issues with setbacks in both the 24-unit building and the 54-unit building. KANSIER: Explained that as part of the PUD, the developer is asking for a modification to the setbacks for both the buildings and the parking lot. None of the buildings or parking lots meet the setbacks requirements. It is fairly justifiable in these cases and the resolution notes the setback modifications. The Council has the discretion to approve the modifications to the setbacks. GUNDLACH: Asked about open space, and asked if it is typical in a PUD where open space is taken from another area within the PUD and credit it toward the open space requirement. KANSIER: Advised that the open space areas provided must be useable. The minimum is 400 square feet per unit. The developer's plan currently meets the minimum useable open space per unit for two of the three buildings. For remaining building, the open space does not meet the location or the 8 City Council Meeting Minutes September 18, 2000 dimensions criteria with only about 330 square feet per unit. The developer has asked for modification of that provision, and possible justification for that modifications could be that a significant portion of the area, while not fiat land, would still remain open space and could be used for trails and maintaining the wooded areas. The resolution is written that the plans needs to be changed to meet the minimum open space requirement. The Council does have the discretion to grant the requested modification. Advised that it is typical in a PUD to collect open space from another area and credit it overall, particularly in townhome developments. Staff recommends that the modification be made if the outlot to the west is dedicated as permanent park land. MADER: Asked staff to review the landscaping plan and the minimum requirements. KANSIER: The landscaping plan does not meet minimum requirements and the resolution requires those minimum be met prior to final plat approval. The developer has agreed to comply. MADER: Asked about the lighting, as well as sidewalks and trails? KANSmR: The lighting issue is relatively minor, but staff needs to receive the proper drawings in order to insure the ordinance criteria have been met. It is included as a condition for final plat approval. For sidewalks and trails, there is an issue because the trail system is not located within the existing road easement. This means that to accommodate the proposed design of the trail, and save as many trees as possible, the City will need to acquire easements for a section of the trail over the outlot which would be public property. The resolution currently dedicates the whole area as park, in which case no easement would be necessary. Also noted that the condition regarding 60% for Class I materials has since been changed and is not included in the resolution. MADER: The last issue seems to be park dedication. BOYLES: Explained the City ordinance requirements and advised that 8.19 acres is proposed as part of the park donation process. City Code calculations indicated that this land would meet the requirement for 1.4 acres of dedicated park land, which meets the requirement of 1.27 acres as calculated based upon the 10% park land dedication. The developer has offered a fee in lieu proposal donating the 8.19 acres to the school district for nature center uses and making a cash payment of $16,510 to satisfy the City requirement. Submitted a letter into the record from the attorney of Eagle Creek Villas, LLC with regard to the proposal. If the Council agrees with the proposal, the condition needs to be added to the resolution as a condition of final plat approval. ERICSON: Suggested that it be stated that the City originally intended to acquire the land, but at the request of the applicant and the property owner, who wanted to get some tax benefit from donating the land, the City is considering their proposal. MADER: Discussed the language to be added to the resolution for this proposal and to ensure the property stays open space forever. KANSlER: Advised that if the intention is to follow the developer's proposal, the staff report, on page 9, lists conditions that would apply to platting the park land as Outlot A that should be incorporated into the resolution. Also suggested that a condition be in place that the deed be recorded at the time of the final plat. PACE: Discussed the preliminary review of any covenants prior to final plat. Since this was an offer by the Developer, the City requested the proposal in writing. City Council Meeting Minutes September 18, 2000 ERICSON: Asked the distance between the 54-unit building and the nearest townhome. RYE: Approximately 45 to 50 feet. GUNDLACH: Concerned about the City making the open space modifications and not acquiring the land, as well as accepting both the land donation and the payment of the $16,510 fee. Commented that such action would be doubling up on what the community gets. Suggested claiming the 1.27 acres as park dedication and subtracting it from what is donated to the school. PACE: Clarified that for the City to get to the 10% out of the nine acres, the criteria needs to be applied from the park dedication ordinance to determine credits. So, in order to fulfill the 10%, the City would need to take all of Outlot A to meet the requirement. If the City chose to take the cash in lieu, it cannot acquire the land. Since the City's intention was to make sure the land was used for park purposes, and in conjunction with discussions with the school district, it would be easiest to take the land. For economic reasons, the developer requested to donate the land. (~UNDLACH: Advised that the landowner requested the donation, not the developer. PACE: Explained that the City needs to take one or the other, and if the City is induced to take one or the other due to a commitment from another party, then the City needs to have a document in place that the action is not coerced and is totally voluntary. Otherwise, her recommendation would be to take the easiest route, which would be to take the land. GUNDLACH: Believe to take the land is the best course of action. MADER: Reviewed that the intent is to give the land to the school, therefore, the park land dedication becomes two separate issues. The City is collecting a fee to satisfy it's park land dedication, and the school is receiving a commitment for the land. Reminded that the Council does have some discretion to modify a PUD. KANSlER: Noted that if the land is donated to the school district, it still remains part of the PUD. Also noted that because the developer is not fee owner of the property, the fee owner is required to sign the application and to be a party to the development contract and planned unit development agreement. The Council took a brief recess. PACE: Asked to clarify who Mr. Huemoelier is representing. DAVE BELL (Freedom Consulting and Development): Advised that Mr. Huemoeller represents the land owner, Eagle Creek Villas, LLC, and is not representing the developer. GUNDLACH: Concerned about the convoluted nature of the park land dedication to the school and taking the fee. Believed it would be a cleaner transaction for the City to acquire the property and dedicate it to the school as a nature preserve. ERICSON: Agreed that acquiring the property is the best action, but that the City Attorney had also advised that she was satisfied this proposal could be accomplished. 10 City Council Meeting Minutes September 18, 2000 PACE: Advised that she had indicated that she would do her best to draft a document that would protect the City. MADER: Asked if the Council is willing to work through the items other than the PUD resolution. ERICSON: Advised that there is some concern with making a zoning change when a project might not take place. Suggested getting some consensus before taking any action. MADER: Also noted that the PUD resolution cannot be acted upon prior to the zoning change. Further commented that the project is appropriate and should move forward. Advised that he is comfortable with either of the park dedication options. ERICSON: Advised he is comfortable with either option as well. Further noted that he had been contacted by a resident concerned about the proximity of the 54-unit building to the neighboring townhomes, but it appeared that party was not present. MADER: Advised there was also a public hearing on this matter. Asked the Council to proceed with the ordinance amendment. MOTION BY PETERSEN, SECOND BY GUNDLACH, TO APPROVE ORDINANCE 00-22 APPROVING A ZONE CHANGE REQUEST BY EAGLE CREEK VILLAS, LLC AND FREEDOM DEVELOPMENT AND CONSULTING FOR PROPERTY DESCRIBED AS LOTS 2, 3 AND 4, BLOCK 2, HOLLYCOURT. GUNDLACH: Asked if the project did not proceed, does the rezoning obligate the City to put a high- density development in that location. PACE: Advised that the intent of the zoning change was to make it consistent with the Comprehensive Plan. If this project failed, another high-density proposal could be considered. KANSlER: Advised that the Council could also come back and initiate amendments to the Comprehensive Plan and zoning map as long as there was adequate rationale. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MADER: Noted that the next action would be to consider the amendment to the PUD, and the way the resolution reads would mean the City would acquire the property without any cash payment. PACE: Advised that the joint powers agreement with the school district would be amended to include this property. Also recommended adding language to finding "o" of the PUD resolution with regard to open space. Mader: Reviewed the changes to the resolution, including dedicating the 7.92 acres as park land on the plat, deleting item 2b, and incorporating the City Attorney's language. MOTION BY MADER SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-88 APPROVING AN AMENDMENT TO PUD 82-12 (PRIORWOOD PUD) AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. 11 City Council Meeting Minutes September 18, 2000 KANSIER: Noted that for the preliminary plat resolutions, the conditions should be the same as the PUD resolution. MOTION BY MADER, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-89 APPROVING A PRELIMINARY PLAT TO BE KNOWN AS CREEKSlDE ESTATES FOR PROPERTY LOCATED IN SECTION 2, TOWNSHIP 114, RANGE 22 AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MADER: Thanked both the neighborhood and developer for remaining patient through a difficult process. BELL: Advised that if Eagle Creek Villas does not want to dedicate the land park land because they have already committed it to the school, he cannot complete his project. MADER: Reminded the developer that there was also a recent proposal for development of that parcel even though he had committed it to the school. The issue of who the land gets donated to and how only recently came up. None of this is new information. Consider Approval of Resolutions 00-90 and 00-92 Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment Rolls for the 2000 Improvement Projects (Project 12-00 Oak Ridge Area Street Reconstruction and Project 13-00 Fairlawn Shores Trail and Fish Point Road Overlay) and Resolutions 00-91 and 00-93 Establishing the Date of the Assessment Hearings for the 2000 Improvement Projects (Project 12-00 Oak Ridge Area Improvements and Project 13-00 Fairlawn Shores Trail and Fish Point Road Overlay). BOYLES: Reviewed the projects and the actions requested. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-90 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLLS FOR THE 2000 IMPROVEMENT PROJECTS (PROJECT 12-00 OAK RIDGE AREA STREET RECONSTRUCTION). VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-91 ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR OCTOBER 16, 2000 FOR PROJECT 12-00 OAK RIDGE AREA IMPROVEMENTS. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MOTION BY MADER, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-92 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLLS FOR THE 2000 IMPROVEMENT PROJECTS (PROJECT 13-00 FAIRLAWN SHORES TRAIL AND FISH POINT ROAD OVERLAY). VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MOTION BY MADER, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-93 ESTABLISHING THE DATE OF THE ASSESSMENT HEARING FOR OCTOBER 16, 2000 FOR PROJECT 13-00 FAIRLAWN SHORES TRAIL AND FISH POINT ROAD OVERLAY. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. 12 City Council Meeting Minutes September 18, 2000 NEW BUSINESS: Consider Approval of Resolution 00-94 Authorizing WSB & Associates to Provide Professional Engineering Services for the Ring Road Between Duluth / Tower St. and Toronto Avenue S.E. BOYLES: Explained that the Council previously approved a conceptual layout for the ring road. The next step in the process is to acquire a feasibility report and design for the road improvements. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-94 AUTHORIZING WSB & ASSOCIATES TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE RING ROAD BETWEEN DULUTH / TOWER ST. AND TORONTO AVENUE S.E. ERICSON: Asked if the alignment for the northerly portion of Tower Street, the City relinquishes any property ownership. Also concerned that we lay a trail to be removed with the construction of the ring read. OSMUNDSON: Advised that the City would not vacate that particular portion because there are significant sewer and water pipes in that area. (~UNDLACH: Asked about the financial feasibility. Wanted to keep the options open if we find the cost of this alignment has significantly increased. BOYLES: Noted that of the options, this layout was not the cheapest, but not the most practical. MADER: Asked if the WSB report would provide better numbers, specific property to acquire, and exact alignment of the street. OSMUNDSON: Answered that, theoretically, at that point, we could go out for firm bids to complete the project. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of Resolution 00-95 Appointing a Person to Fill the Existing Council Vacancy. MADER: Reiterated that there were five applications for the position, and that each of the candidates had been invited to speak at a Council meeting, and were available to Councilmembers for private interviews as schedules permitted. ERICSON: Commented that he appreciated each of the applicants' participation in the application process. Also noted that just because one person must be chosen, it doesn't mean the other candidates don't have merit. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-95 APPOINTING JOE ZIESKA TO THE CITY COUNCIL SEAT EFFECTIVE OCTOBER 2, 2000 THROUGH DECEMBER 31,2001. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. 13 OTHER BUSINESS / COUNCILMEMBER REPORT-~: City Council Meeting Minutes September 18, 2000 MADER: Interested in whether the Council has any positions to present at the Metropolitan Council town hall meetings on Metropolitan Council procedures and encouraged Councilmembers to attend any one of the hearings. MOTION BY ERICSON, SECOND BY GUNDLACH TO ASK THE MAYOR TO PREPARE SOME COMMENTS FOR VIDEO PRESENTATION AT THE TOWN HALL MEETINGS ON BEHALF OF THE CITY. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MADER: The second item was a property dispute with the owner of Priordale Mall, and asked for an update on how that is being handled. BOYLES: Reviewed the history of the issue, advised of recent correspondence from Nell Boderman to residents in the area. Advised that when the City learned of the letter, he distributed a letter assuring residents that their water and sewer service would not be interrupted. Advised that the City continues to negotiate a resolution to the matter with Mr. Boderman. MADER: Advised that this item is in litigation and will be discussed in executive session, but wanted to take an opportunity to assure residents that the City is negotiating a satisfactory resolution. Lastly, asked for clarification on when the staff would give its report on the general contracting agreement with WSB for engineering services. BOYLES: Advised that the report should come at the Council's next regular meeting. (~UNDLACH: Asked for an update report on the Mediacom issue. ERICSON: Strongly agreed that he is very disappointed with the customer service and lack of effort on behalf of Mediacom. Believes that it is time for the City to take stronger steps. MADER: Suggested having the Mediacom representatives come to a public town meeting. BOYLES: Advised that there were some procedures under the contract to follow and he would follow up on that aspect. Explained that Mediacom had advised him that the Stars channel could not be added to basic cable service due to a lack of channels. Advised that he has not received a response to his most recent correspondence. MOTION BY PETERSEN, SECOND BY GUNDLACH TO INITIATE AN AMENDMENT THROUGH THE PLANNING COMMISSION AND PUBLIC HEARING PROCESS FOR ORDINANCE 00-20 REGARDING SENIOR OVERLAY DISTRICTS TO INCLUDE ZONING DISTRICTS C-1, C-2 AND C-4. ERICSON: Believed the action is inappropriate due to the lack of commercial land available for development regardless of any specific project. MADER: Shares Councilmember Ericson's concern regarding commercial land, but believes senior care housing is a priority and that a couple reasonable facilities is not an unreasonable amount of acreage taken from commercial development. 14 City Council Meeting Minutes September 18, 2000 ERICSON: Further commented that it is short-sighted to put a senior care facility in an area, such as the Park Nicollet area, where the City is working to increase businesses in the area. GUNDLACH: Believes the best use for this particular property is for a senior care facility and due to its proximity to the Park Nicollet clinic. MADER: Believes this is an opportunity to provide a mechanism for the Council to look at locations for senior housing rather than being specific to a particular project. VOTE: Ayes by Mader, Gundlach and Petersen, Naye by Ericson, the motion carried. Executive Session to Discuss Pending Litigation (Boderman and TJ Towing) Mayor Mader advised of the items to be discussed in Executive Session. The Council adjourned to Executive Session. The regular meeting resumed. The Mayor advised the issues that were discussed in closed session. MOTION BY MADER, SECOND BY PETERSEN TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE PROPOSED STIPULATION AS PRESENTED BY COUNSEL WITH RESPECT TO THE BODERMAN LITIGATION. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MOTION BY MADER, SECOND BY GUNDLACH TO AUTHORIZE THE CITY ATTORNEY TO WITHDRAW THE CONDEMNATION PETITION WITH RESPECT TO THE TJ TOWING PROPERTY. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. A motion to adjourn was made and seconded. The meeting adjourned Frank Boyles, Kelly, Mey~, Reco ing Secretary 15