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HomeMy WebLinkAbout081594 RegularMINUTES OF THE CITY COUNCIL Monday, August 1, 1994 , . . CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, August 1, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Scott and Schenck, City Manager Boyles, Assistant City Manager Carlson, Public Works Director Anderson, Assistant Planning Director Garross, Associate Planner Mitchell, Parks Director Mangan, Recreation Supervisor Woodson, Planning Consultant Tremere, Attorney Kessel and Recording Secretary Birch. Councilmember Kedrowski was absent. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - The m±nutes following amendments were made to the minutes: Page 2, second paragraph, last sentence: the word "bridging" Amendment should be capitalized as it a Rotary organization. Page 3 first sentence: "percentage rate of the assessments were Amendment approximately 52 1/2 °/o. Page 4, paragraph 6, second sentence: "Councilmembers inquired Amendment whether or not a master plan had been completed". The sentence should have read: "Councilmembers inquired as to whether or not a master plan for Lakefront Park had been completed." Page 5, paragraph 6 - City Manager Boyles clarified the motion with Amendment regard to $52,000 funding for the construction of stamped concrete medians at the intersections of County Road 18, Crest Avenue and County Road 42 that it is to be drawn from MSA funds. Page 5, last paragraph: should be amended as follows: The Amendment Council discussed street lighting for County Road 21. City Manager Boyles stated that the following be added to the sentence. "is to remain as presently contemplated". MOTION BY, SCOTT, SECONDED BY GREENFIELD, TO APPROVE Counc'['l M±nutes THE JULY 18, 1994 COUNCIL MINUTES AS AMENDED. Upon a vote taken, yeas by Andren, Greenfield, Scoff and Schenck, the motion carried. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN E~'~AL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes August 1, 1994 1 1 Sm CONSENT AGENDA: a, c. d. e, Consider Approval of Invoices To Be Paid Consider Approval of Agreement with Harold Bohlen and Ramona Whipps. Consider Allocation From Contingency Account for Ratwik, Roszak, Bergstrom and Mahoney, P.A. Consider Approval of Resolution 94-43 Ordering Preparation of Report on 1995 Improvement Projects. Consider Approval of Resolution 94-47 Authorizing the City Manager to Apply for Outdoor Recreation Grant Program Funds. Councilmembers requested that Item (d) be removed for further discussion. MOTION BY GREENFIELD, SECONDED BY SCHENCK, TO APPROVE CONSENT AGENDA ITEMS (a) THRU (e) with the exception of Item (d). Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion carried. PRESENTATIONS: A. A 1994 Minnesota Recreation and Park Association Award of Excellence to Prior Lake Park and Recreation and Fire Department for Safety Camp Program. Recreation Supervisor, Bret Woodson, gave a brief summary of the activities which took place at the Prior Lake Fire and Rescue Safety Camp, its purpose and number of participants (over 100). Mark McQuillan, a member of the Awards of Excellence Committee, presented Mayor Andren, Fire Chief Borchardt and Recreation Supervisor Woodson with the Award of Excellence and a poster proclaiming the benefits of park and recreation programs. Mayor Andren thanked the Fire Department and Parks Department for conducting the Safety Camp and thanked Mr. McQuillan for the award and poster. PUBLIC HEARINGS: - 7:45 P.M. A, Conduct Public Hearing to Consider Resolution 94-40 - Approving Tax Increment District No. 2 Modification Pursuant to Minnesota Statutes, Chapter 469; Resolution 94-41 - Approving Tax Increment Financing District 2-3 and the Use of Tax Increment Financing; and Resolution 94-42 - Approving Tax Increment Financing District 2-4 and the Use of Tax Increment Financing. Mayor Andren called the public hearing to order at 7:50 p.m. City Manager Boyles stated that there were actually three public hearings which would be held within the one session. Roger Guenette, Advance Resources For Economic Development, reviewed the TIF District 2-3 map indicating the original boundaries and jurisdictions and discussed Invoices Bohlen/ Whipps Agreement Contingency Ratwik/Roszak RS94-43 1995 Improvement Proj. rs 94-47 Rec. Grant Consent Agenda 1994 Rec & Park Assoc, Award of Excellence PoHo TIF Modification Dist. 2~ -2- Prior Lake City Council Minutes August 1, 1994 B, the process to expand the boundaries as indicated on the map. Mr. Guenette reviewed Pages 6, 7, and 8 of the TIF report. (Councilmember Kedrowski arrived at 8:00 p.m.) A short discussion occurred regarding the document. Mayor Andren asked if there were any questions or comments from the audience. There were no comments forthcoming. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO Rs 94-40 TIF APPROVE RESOLUTION 94-40 APPROVING DEVELOPMENT #2 Modification DISTRICT NO. 2 MODIFICATION PURSUANT TO MINNESOTA STATUTES, CHAPTER 469. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Discussion occurred regarding the population of Prior Lake. An error was made regarding population statistics wherein 1987 figures were inadvertently used instead of the 1990 figures. Mr. Guenette was asked to review Resolution 94-41 to determine if Prior Lake still qualifies under the "qualified manufacturing district". Council directed staff to place the resolution on the August 15, 1994 agenda. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO Rs 94-41 PLACE RESOLUTION 94-41 ON THE AUGUST 15, 1994 Tabled CONSENT AGENDA. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Mr. Guenette then discussed TIF District 2-4 and the financing process with regard to tax base capacity. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO Rs 94-42 APPROVE RESOLUTION 94-42 APPROVING TAX INCREMENT TIF District FINANCING DISTRICT 2-4 AND THE USE OF TAX INCREMENT 2-4 & use of FINANCING. TAx Increment Financing Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO ADJOURN THE PUBLIC HEARING. PH Adjourned Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Public Hearing to Consider Vacation for the Villas at The Wilds. Mayor Andren called the public hearing to order at 8:15 p.m. Assistant Planner Garross presented details of the easement vacation request for Block 5, The Wilds. -3- Prior Lake City Council Minutes August 1, 1994 a Sm David Newman, Nedegaard Construction, briefly addressed the Council with respect to his request. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO CONTINUE THE PUBLIC HEARING AFTER AGENDA ITEM 8A HAS BEEN DISCUSSED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. OLD BUSINESS A, Consider Approval of Engebos Variance Appeal. Councilmember Kedrowski withdrew from participation on this item. Associate Planner Mitchell presented details of the request and discussed action taken by the Planning Commission. Discussion occurred regarding the nature of past variances granted in the area, size of lots and whether the petitioner could meet the hardship criteria for a three foot side yard set back variance. The petitioner, Greg Engebos, addressed the Council regarding his request and handed out pictures depicting a home with a variance and a home without one and also pictures of other homes in the area. Some discussion occurred regarding whether the impervious surface ordinance pertained to this property. Ms. Garross stated that since the property is in the Shoreland Management District, the impervious surface ordinance would apply. MOTION BY SCOTT, SECONDED BY GREENFIELD, TO DENY MR. ENGEBOS'S REQUEST FOR A THREE FOOT SIDE YARD SET BACK VARIANCE AT 14588 GLENDALE AVENUE ON THE BASIS THAT IT DOES NOT MEET THE HARDSHIP CRITERIA OF THE ZONING ORDINANCE. Upon a vote taken, yeas by Andren, Greenfield, Schenck and Scott, the motion carried (Councilmember Kedrowski abstained.) NEW BUSINESS A. Consider Approval of Preliminary and Final Plat of the Villas at The Wilds. Deb Garross presented a map of the proposed plat and discussed the change in the size of the villas and the application to consider the preliminary and final plat and grading plans. The request was for a replat of five lots into eight lots in the 15 unit townhome development, with some being attached and some detached. Ms. Garross stated that the developer will likely be back with another request to replat other large lots in the future. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVED RESOLUTION 94-49 APPROVING THE P.H. continuatio Engebos Engebos Variance Request Denied RS94-49 Prelim. Plat of Villas at The Wilds -4- Prior Lake City Council Minutes August 1, 1994 B. C. PRELIMINARY PLAT OF VILLAS AT THE WILDS FIRST ADDITION AND RESOLUTION 94-50 SETTING FORTH Prelim Plat CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL of The Villas PLAT OF "THE VILLAS AT THE WILDS FIRST ADDITION". at The Wilds Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, as 94-48 ADOPTING RESOLUTION 94-48 PROVIDING FOR THE Vacatin of VACATION OF THE DRAINAGE AND UTILITY EASEMENTS Drainage and LOCATED WITHIN LOTS I THROUGH 5, BLOCK 5, THE WILDS. Utility Easements Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. The Wilds MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO CLOSE THE PUBLIC HEARING. Close Pt{ Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Consider Approval of Purchase Agreement with Metro Cabinets and Guy and Mary Selinske d/b/a American Glass for Part of Lot 1, Block 1, Waterfront Passage Business Office Park. Assistant City Manager Carlson presented details of the purchase agreement with Metro Cabinet, Inc and American Glass and Mirror for a 10,000 square foot building on a one acre multi-tenant parcel. Included in the agreement are two contingencies in which the City agrees to share the cost of surveying and site description, and to assist in cost of utility grading and site plans, for a maximum of $3000 to accurately assess cost necessary for site improvement. If additional cost is necessary to improve the site, it will be considered in the developer's agreement. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE PURCHASE AGREEMENT WITH GUY SELINSKE d/b/a AMERICAN GLASS AND MIRROR AND METRO CABINETS, INC. FOR PART OF LOT 2, BLOCK 1. A short recess was called. Meeting reconvened at 9:00 p.m. Consider Approval of Resolutions 94-44 and 94-45 Amending the Year 2000 Comprehensive Land Use and Transportation Plans; and Ordinance 94-11 Rezonin9 30 acres of C-1 to R-1 and Resolution 94-46 Approving the Preliminary Plat of Knob Hill. Mayor Andren vacated the chair due to possible conflict of interest. Deb Garross discussed the issues for Council to consider which included: (1) a Metro CAbinets American Glass & Mirror Purchase Agreement Lot 2, Block 1 Waterfront Passage Business Park -5- Prior Lake City Council Minutes August 1, 1994 resolution amending the Year 2000 Comprehensive Plan Land Use Map to change approximately 40 acres of medium density to Iow density land use, (2) Adopt Resolution 94-45 amending the Year 2000 Comprehensive Plan, Transportation Plan Map to designate Pike Lake Trail, south of County Road 42 as a collector street; (3) Approve Ordinance 94-11 rezoning approximately 30 acres of C-1 Conservation District to R-1 Suburban residential; and (4) Adopt Resolution 94-46 approving the preliminary plat and variances for the subdivision of "Knob Hill". Ms. Garross reviewed the plat, the surrounding area and details of the land use change. Discussion occurred regarding the land use plan from medium density to Iow density. MOTION BY KEDROWSKI , SECONDED BY SCHENCK, TO Rs 94-44 APPROVE RESOLUTION 94-44 AMENDING THE YEAR 2000 Amending Year 200£ COMPREHENSIVE PLAN LAND USE MAP TO CHANGE Comp Plan ~.and APPROXIMATELY 40 ACRES OF MEDIUM DENSITY TO LOW Use Map to Low DENSITY RESIDENTIAL LAND USE. Density residenti~ Upon a vote taken, yeas by Greenfield, Kedrowski, Schenck and Scott, the motion carried. A short discussion occurred regarding the changes and development of the area of Pike Lake Trail which Larry Anderson reviewed for Council information as integrated into the 1995-1999 CIP. Collector streets and driveways were also discussed and the relationship between Pike Lake Trail, Coachman Lane and Carriage Hill Parkway with regard to traffic transportation issues. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-45 AMENDING THE YEAR 2000 Rs 94-45 COMPREHENSIVE PLAN TRANSPORTATION PLAN MAP TO .~end±ng Trans. DESIGNATE PIKE LAKE TRAIL SOUTH OF COUNTY ROAD 42 ?lan map - AS A COLLECTOR STREET (with amendment as noted regarding the title of the Resolution i.e. changing Planning Commission to City Council). Upon a vote taken, yeas by Greenfield, Kedrowski, Schenck and Scott, the motion carried. Ms. Garross discussed details of the proposed rezoning application. Discussion occurred regarding the rezoning petition for part of the property within the plat C-1 property in urban service area, and stressed the importance of addressing all C-1 designated areas remaining in Prior Lake in the future. MOTION BY KEDROWSKI , SECONDED BY GREENFIELD, TO APPROVE ORDINANCE 94-11 REZONING APPROXIMATELY 30 oR 94-1! ACRES OF C-1 CONSERVATION DISTRICT TO R-I,SUBURBAN c-1 to R-1 RESIDENTIAL. Knob Hill -6- Prior Lake City Council Minutes August 1, 1994 Upon a vote taken, yeas by Greenfield, Kedrowski, Schenck and Scott, the motion carried. Ms. Garross discussed details of the Preliminary Plat, its location and subdivision proposal to subdivide the area into single family lots. Four variances were being requested for 10 foot front yard variance from Pike Lake Trail, cul-de-sac length and one lot width variance. Ms. Garross discussed these variance requests in detail. Natural features, specific grading plans, trails other than those proposed by the applicant and disposition of easement on Chatonka Beach Trail were also discussed. Staff recommended that the developer be required to provide a title opinion to the City Attorney as to underlying easement rights. Assistant City Engineer Loney discussed the wetland areas as they pertain to the Wetland Conservation Act, wetland replacement and the wetland notification process. No comments have been received on the wetland replacement plan to date. Parks Director Mangan addressed the issues pertaining to park dedication requirements and trails as they relate to the plat and how the placement was determined. Discussion occurred regarding grading of steep slope areas. Ms. Garross stated that the DNR had been advised of the meeting (and they had no comments) primary concerns were related to wetland mitigation areas but this has been resolved. Other items of discussion consisted of a notification from Scott County that Leo Vierling had contacted to advise that a well may be located on the proposed site and that it should be abandoned. Mr. Vierling also referred to a possible Indian burial site in the vicinity of the proposed development. Discussion occurred regarding an archaeological study which had been conducted in conjunction with an environmental impact statement during construction of the North Shore sewer and water project. The archaeologist found no evidence of burial grounds in that area. Council concurred that that an additional sentence to item 23 on the Resolution be included to read: "The developer will be responsible for cost of the sewer extension and also cost associated with interim paving of Pike Lake Trail north of the plat boundary." It was noted that on Item 29, the developer has agreed to pave the area within Carriage Hills Parkway as part of the developer's agreement. Wayne Tauer of Pioneer Engineering was present to answer questions. Randy Dowd - 4965 N. Beach Street, inquired as to the usage of the central area designated as open space, and who would be responsible for its upkeep. -7- Prior Lake City Council Minutes August 1, 1994 D! Roy Stromme, 4915 Beach Street (owner of Lot A) had questions about vegetation on the proposed lakeshore lots on the southwesterly side, enforcement of vegetation cutting on the lake shore, and settling pond - need for an additional pond at the end of Beach Street, and forested area preservation. Mr. Stromme was of the opinion that the street had not been vacated and asked about future plans for Chatonka Beach Trail and requested that residents be given a full report of the status of property rights on Chatonka Beach Trail before plat approval. Duane Melling, 4833 Chatonka Beach - had a question regarding the requested variance from the property line in order to grant access to the narrow lot on the southwest side. Mr. Tauer stated that the developer had designed around that particular easement and it should not affect Mr. Melling's property. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO Rs 94-46" ADOPT RESOLUTION 94-46 APPROVING THE VARIANCES Variances & AND PRELIMINARY PLAT OF "KNOB HILL" AS AMENDED IN ?relim ?lat for ITEMS 23, 29 AND ADDING ITEM 35 REQUIRING THE "~:nob ~ill" DEVELOPER TO ABANDON ANY WELLS LOCATED ON THE & Abandonment PROPERTY THROUGH THE PROCEDURE AS REQUIRED BY of Wells STATE STATUTE. Upon a vote taken, yeas by Greenfield, Kedrowski, Schenck and Scott, the motion carried. A short recess was called. The meeting reconvened at 11:55 p.m. Consider Amendments to Development Agreement for Phase I, of The Wilds Between the City of Prior Lake and Prior Lake Development L. P. - ?rior T,ake City Manager Boyles reviewed the five issues that were presented for Development T~.?. consideration with regard to this item. Dev. Agreement for Phase I Security for Sterling South - acceptable. , . , Council concurred that this was The Wilds Sterling South Deadline Date and Cost for Sanitary Sewer Installation. - The Deadline for Developer's Agreement setting forth the requirement that the Santiary Sewer sanitary sewer is to be installed by August 1, 1995 provided that the Installation work has begun by June 1, 1995 original developer agreement cost figures. - Council concurred. Watermain Payment for Watermain - Council concurred to waiving of fee. Payment , Security for C.R. 83 and Intersection Improvements - City Manager cR 83 Tmprov. Boyles discussed the options being presented to Council which Security included a Performance Bond and a Letter of Credit and stated that -8- Prior Lake City Council Minutes August 1, 1994 E, Mr. Burtness had suggested a Confession of Summary Judgment in lieu of either the Performance Bond or Letter of Credit. Mr. Burtness addressed the Council with his concerns. Discussion occurred regarding the construction of C.R. 83 and need to make sure the taxpayers of Prior Lake be protected against any monetary loss. Mayor Andren suggested that the City Attomey and City Manager check into the Confession of Summary Judgment as an alternative method of security and/or other alternatives available that would be satisfactory to both the City and Mr. Burtness. , Streets in The Wilds - Discussion occurred regarding private vs Streets in public streets and the PUD requirements. More research needs to The Wilds be done by the developer and staff before proceeding on this item. A report will be provided to the Council. . MSA Consulting Engineers - Discussion occurred regarding the competency of MSA Consulting Engineers and the pros and cons of changing consultants at this stage. Council concurred that there is no reason to change consulting engineers on this project. MSA Consulting Engineers Consider Conditional Use Permit for Wagon Bridge Marina. - Assistant Planner Garross presented a map of the proposed area and details of the request for a change of their zoning designation from a legal non-conforming use to a conditional use. Ms. Garross discussed several items of the Conditional Use Permit. Wagon Bridge MOTION BY KEDROWSKI, SECONDED BY SCHENCK,TO APPROVE THE CONDITIONAL USE PERMIT DOCUMENT FOR EAGLE CREEK PROPERTIES AS RECOMMENDED. Brad and Tina King - addressed the Council with regard to their access rights across the Eagle Creek Properties' parking lot that has been designated the overflow parking area in the Conditional Use Permit. City Attorney Kessel advised them that they should review the terms of Conditional Use Permit and should continue their action to quiet title as advised by their attorney. This is a matter between the Kings and Eagle Creek Properties; the City has no authority in this dispute. EagleCreek Properties Conditional Use Permit - Eagle Creek Properties (Wagon Bridge) Marina) Consider Approval of Preliminary Plat for Sterling South at The Wilds. Ms. Garross presented a map of the plat showing the replat of outlot P into an 88 townhome development. Ms. Garross discussed the variances for cul-de-sac length and internal street system to be designated as private streets. Scott Clements, David Carlson Companies, wanted to make sure that Item 9 (tree plantings) were in compliance with City's requirements. His request is for preliminary plat approval to start construction on two buildings. A discussion occurred regarding the Subdivision Ordinance as it relates to this request. The Council concurred that they would address the issue of building permit issuance for a model at the final plat stage. -9- Prior Lake City Council Minutes August 1, 1994 G. gl MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO Preliminary APPROVE THE PRELIMINARY PLAT SUBJECT TO CONDITIONS Plat OUTLINED IN RESOLUTION 94-51 AS AMENDED (Change item 9 to Rs 94-51 Sterling read: "appropriate securities for future County Road 83 South - The improvements", instead of "A letter of credit for future County Road Wilds 83 improvements.") Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Consider Approval of Ambulance Study Report. City Manager Boyles Ambulance Study reviewed the report. Staff recommends that St. Francis assume the responsibility for ambulance service on a trial basis for a three month period beginning in October, 1994 and, in the meantime, develop a public education program for residents. Al Borchardt, Fire Chief, discussed the large number of ambulance calls and the strain it is placing on department membership. Assistant Fire Chief, Brent Johnson, briefly discussed the department's concerns also. Council directed staff to place the Study Report on the August 15, 1994 Council Agenda for approval. OTHER BUSINESS A, Discussion on Consent Agenda item (d) - Consider Approval of Resolution 94-43 Ordering Preparation of Report on 1995 Improvement Projects. Larry Anderson discussed the status of County incurred litigation on Highway 21 and stated that County Roads 18 and 21 would be included in the County's plans in 1995 and County Road 42 in 1996. Funding for C.R. 18 would occur in 1995, C.R. 42 in 1996 and C.R. 21 would be in 1997 thus spreading the City's share of the funding out over a longer period. MOTION BY, KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-43 ORDERING FEASIBILITY REPORTS FOR 1995 CAPITAL IMPROVEMENT PROGRAM PROJECTS. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. RS 94-43 Report on 1995 Improve- ment Projects & ordering Prep. City Manager Boyles requested that Council consider an additional expenditure for up to $5,000 for Dick Krier to complete the second phase of the Commercial, Office, Industrial Park Study. Dick Kirer -10- Prior Lake City Council Minutes August 1, 1994 MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO Payment to AUTHORIZE THE EXPENDITURE OF UP TO $5000 TO DICK Dick ~:rier for KRIER FOR SERVICES RENDERED IN CONNECTION WITH 2nd Phase of THE SECOND PHASE OF THE COMMERCIAL, OFFICE AND Commercial INDUSTRIAL PARK STUDY. Office & Indst. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Park Study 10. ANNOUNCEMENTS/CORRESPONDENCE Mayor Andren gave City Manager Boyles a letter she had received regarding the Water Surface Management Ordinance. 11. ADJOURNMENT adjourned at 1:55 a.m. The next Council meeting will be Monday, August 15,..~.1994 at 7:30 p.m. City 'Recording Secretary M80194.WRT -11-