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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle &~!t~~~ fPUNCIL MEETING AGENDA Prior Lake, MN 55372-1714 APRIL 19, 2004 7:00pm Fire Station No.1 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m. 2. 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. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. A) Multi-Purpose Youth Training Facility (Alex Sunbury, Fred Sweeney, Rose Cowen) 3. APPROVAL. OF AGENDA: 4. CONSIDER APPROVAL OF APRIL 5, 2004 MEETING MINUTES: 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember,or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the {'Consent Agenda" shall be placed on the City Council Agenda as a separate category. Consider Approval of Invoices to be Paid. Consider Approval of Treasurer's Report Consider Approval of Building Permit Report for March 2004 and 1 st Quarter 2004. Consider Approval of Animal Warden Monthly Report Consider Approval of Monthly Fire Call. Consider Approval of 1 st Quarter Investment Report. Consider Approval of 1 st Quarter Budget Report. Consider Approval of a Resolution Approving a the Final PUD Plan and PUD Development Contract and Approval of a Resolution Approving the Final Plat and Developmet Contract for Wensmann 4th Addition. Consider Approval of a Temporary On-Sale Liquor License for St. Michael's Church for Aprilfest. Consider Approval of a Resolution Authorizing Negotiated Sale of (1) $400,000 Tax A) B) C) D) E) F) G) H) I) J) 041904 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Increment Bonds of 2004; and (2) $2.85 Million General Obligation Improvement Bonds of 2004. K) Consider Approval of a Resolution Approving the Common Interest Community Number 1079 (Deerfield Condominium) Twentieth Supplemental CIC Plat. L) Consider Approval to Proceed with the Burial of Utilities in the Downtown Area and Direct the Preparation of a Contract. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: NONE. 8. PRESENTATIONS:: A) Proclamation of Loyalty Day (May 1, 2004) Sponsored by Veteran's of Foreign Wars. B) Proclamation of National Day of Prayer (May 6, 2004) C) Scott County Annual Report (Dave Unmacht and Barb Marscha/~ 9. OL.D>BUSINESS:: A) Consider Approval of a Resolution Accepting Bids, Awarding Contract and Authorizing Execution of the City's Standard Construction Agreement to Complete Park Trails, Basketball Courts, Parking Lot and Street Overlays as Identified in the 2004-2008 Capital Improvement Program. 10. A) NEW BUSINESS:: Consider Approval of a Resolution Approving the Preliminary Plat to be Known as Deerfield Industrial Park. B) Consider Approval of a Resolution Regarding the Prior Lake Spring Lake Watershed District Proposed Outlet Channel Improvements that (1) Recognizes the PLSL Watershed District as the Responsible Governmental Authority (RGU) for the Environmental Assessment Worksheet, and (2) Approves Payment of $5560 for the EAW as Part of the Outlet Channel Improvement Project. C) Consider Approval of a Resolution Approving a Grant of Facade Improvement Funds for John R. Casey d/b/a Viking Liquor. D) Consider Approval of a Resolution Approving a Joint Powers Study Administration Agreement for a Unified Transit Management Plan. E) Consider Approval of the Appointment of Two Councilmembers to Serve on the Park Naming Committee. 11. OTHER BUSINESS/COUNCIL.MEMBER REPORTS: 12. ADJOURNMENT 041904 .....__...,.,..__~.b.. . ..,._,.., _4_,...,.... ..".-.T-.'---'-'.-..-------~--~.-,." 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES April 5, 2004 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska, and LeMair, City Manager Boyles, City Attorney Pace, Planning Director Rye, Planning Coordinator Kansier, Public Works Director Osmundson, Parks Supervisor Friedges, Communications Coordinator Oster, and Assistant City Manager Walsh. 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. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. Bovles: Reviewed the procedure for the public forum. Todd Bodem (Tollefson Development regarding the Lally Property Development): Advised that at the last update, the Council indicated that the development should comply with the R-1 density. As a result, they have reduced the project from 119 units to 51 units of single family detached with a 2.75 density. The proposal is a quality R-1 PUD on 65 foot lots. Also includes a nice park area, buffering and work within the existing wetlands. The question is how the Council feels about an R-1 PUD on 65 foot lots, or an R-2 on 60 foot lots. LeMair: Believed the project is on the right track if it contains limited townhomes. Zieska: Without seeing a lot of detail or a full application, agreed that the project seems on the right track. Also is encouraged by the size of the park. Suggested working with staff on the question of a PUD versus R-2. Hauaen: Believed that the project does address buffering, park area, and reduces density, which appears to be the tenor of this Council. Advised that the formal discussion with take place after the public hearing and recommended that the petitioner undertake the formal process. APPROVAL OF AGENDA: MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE MARCH 15,2004 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE MARCH 25, 2004 SPECIAL MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Blomberg and LeMair, the motion carried. Councilmember Zieska abstained from the vote because he was absent from the special meeting. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes DRAFT April 5, 2004 Hauaen: Advised that the purpose of the special meeting was to refinance some bonds that, in effect, saved the City $44,000 in interest. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Monthly Fire Department Report (February 2004). (C) Consider Approval of the 2003 City Code Enforcement Year-End Report. (D) Consider Approval of a Temporary 3.2 Liquor License for Prior Lake Jays I Mudcats Baseball Season. (E) [REMOVED] Consider Approval of a Resolution Authorizing an Agreement between Wesley M. Mader and Charlotte Mader and the City of Prior Lake for the 2003-2004 Lift Station Rehabilitation Project. (F) Consider Approval of Resolution 04-56 Approving the Final Plat and Authorizing Execution of the Standardized Development Contract for Executive Ponds. (G) Consider Approval of Massage Therapy License for Julie Elizabeth Fritz. (H) Consider Approval of Resolution 04-57 Approving the Common Interest Community Number 1111 (Jeffers South Condominium) First Supplemental CIC Plat. BOYLES: Reviewed the Consent Agenda items. Pace: Advised that the property owner on item 5E has requested additional modifications to the agreement. In order to further review the requests, suggested removal of the item. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 5(E). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: (I) [REMOVED] Consider Approval of a Resolution Authorizing an Agreement between Wesley M. Mader and Charlotte Mader and the City of Prior Lake for the 2003-2004 Lift Station Rehabilitation Project. Pace: Advised that the property owner has requested several additional modifications to the easement agreement that we need to review. Suggested that the item come back at a later date. PUBLIC HEARINGS: NONE. PRESENTATIONS: Recognition of Prior Lake-Savage School District Foreign Exchange Students and Host Families. Bovles: Reviewed the program and noted each of the students and host families present. Hauaen: Welcomed each of the students (Gilberto Cortez, Elena Fomara, Frederik Eilers, Alexsandra Laktionova) and host families (Karen Nau, Rob & Kelly Amundson, Roland & Mary Haas, Pete & Mindy Schenck, Dean & Elizabeth Coddington) present and complimented them on their participation in a valuable school program. Presented each with a City of Prior Lake pin and Certificate of Recognition. 2 City Council Meeting Minutes DRAFT April 5, 2004 Receipt of $15,000 Donation from Shakopee Mdewakanton Sioux Community for Capital Equipment for Tri-City Special Response Team. Bovles: Reviewed the purpose of the Tri-City Special Response Team and discussed the numerous examples of how the Shakopee Mdewakanton Sioux Community has contributed through service, programs and financially for the betterment of the Prior Lake community. At this time, an investment in ballistic vests and helmets is needed for the team. The SMSC is here tonight to contribute a donation of $15,000 which the communities will match in order to provide the $30,000 in equipment. O'Rourke: Reviewed the responsibility and noted that the team will serve the entire community. Complimented the efforts of Officer Mark Tabone, who initiated the project and requested the donation from the SMSC. Glvnn Crooks (SMSC Vice Chair): On behalf of the SMSC, presented Officer Tabone with a $15,000 check. Commented that the Prior Lake Police Department has done a great job on behalf of the SMSC and believed this is a great cause. Hauaen: Also took an opportunity to present a special Community Partnership Award to the SMSC in appreciation for their on-going contributions to the Prior Lake community. Zieska: Commented that most people are not aware of the contributions that the SMSC makes to the Prior Lake community, including their participation in the CSAH 82 improvement project, the CSAH 42 & CSAH 83 improvements, and contributions to the Prior Lake Fire Department. McComb Study (Community Development Director John Sullivan) Sullivan: Reviewed the details of the recently completed McComb Study that identifies the projected commercial needs in Prior Lake in the immediate future and over the next 20 years. Based upon the continued residential growth in the area, the study determines that Prior Lake can support a grocery store in addition to the superstores located at CSAH 42 and TH13. Further advised that overall, population growth means more consumers, which should be attractive to potential businesses. The study projects that the commercial opportunities in Prior Lake will triple over the next 20 years. Pointed out several things that surprised the staff, including that the household income is significantly higher than the metro average, and our population base is younger on average than the metro average. He is excited about the future of Prior Lake and about the many discussions and prospects he's already had for bringing additional commercial base to the community. Concluded that if anyone is interested in opportunities for business expansion or relocation, please feel free to contact him. OLD BUSINESS Consider Approval of an Amendment to the Prior Lake Zoning Map to Rezone Approximately .22 Acres from R-2 to C-3 on Property Located at 4616 Colorado (IVEX Corporation) Kirchoff: Reviewed the agenda item in connection with the staff report. LeMair: Believed the rezoning is appropriate and is in line with our Comprehensive Plan and the long-range plan for the expansion of the Downtown business area. Blombera: Asked what structure IVEX proposed. Kirchoff: Advised that preliminary conversations indicated that IVEX proposed to construct an office building. 3 "'--~- ., <<, - <<" ,,--,..,..,,- --.<<....-... ..<<-<<<<..--......-.-.... .. ,--_._-- --.-T._..-~........<<.__....~... ...._.._._~._.. -.- City Council Meeting Minutes DRAFT April 5, 2004 MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 04-15 AMENDING SECTION 1107 OF THE PRIOR LAKE CITY CODE TO REZONE APPROXIMATELY .22 ACRES FROM R-2 TO C-3 ON PROPERTY LOCATED AT 4616 COLORADO (/VEX CORPORATION). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Amendment to the Prior Lake Zoning Map to Rezone 5 Acres from R-3 to C-3 on Property Located on CSAH 21 between West and Duluth Avenue (Staber I Klingberg) Kirchoff: Reviewed the agenda item in connection with the staff report. Blombera: Commented that the Council previously has amended the Comprehensive Plan in order to extend the Downtown area to the lake. This action is in direct response to that action. Supported the amendment. Zieska: Asked the density for R-3 zoning. Kirchoff: Advised the R-3 density is 7 units per acre. Zieska: Commented that because of the site's proximity to the Downtown area, the typical zoning would either be high- density residential, or commercial. Believed the neighborhood will be less disturbed by the commercial development espeCially given the wetlands on the site. Every neighborhood would rather see abutting property be parkland or remain natural, but a property owner has a right to use the land as he wishes in accordance with the City regulations, and the City does not have the money to buy up every natural area for park land. Believed this action is appropriate for this site. LeMair: Believed C-3 is the best use for this property, particularly as we continue to grow and CSAH 21 is improved. Hauaen: Commented that one of the goals of the 2020 Vision & Strategic Plan was to tie downtown to the lake. This action supports that goal and is in direct response to the previous action to amend the Comp Plan. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE ORDINANCE 04-16 AMENDING ZONING CODE SECTION 1107 TO REZONE 5 ACRES FROM R-3 TO C-3 ON PROPERTY LOCATED ON CSAH 21 BETWEEN WEST AND DULUTH AVENUE (STABER / KLINGBERG). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Zoning Ordinance Amendment to the Minimum Architectural Material Standards. Kirchoff: Reviewed the agenda item in connection with the staff report, noting that the amendment changes the ordinance to include fiber cement siding with the establishment of Class 1-A materials, defines higher impact rated vinyl siding, increases the number of units in one residential building that must adhere to the more strict material standards to eight, permits metal garage doors to be a maximum of 20% of a residential building face, and sets criteria for use of non-listed materials. LeMair: Asked for a clarification regarding the difference between Class I and Class 1 a materials. Kirchoff: Advised that at this time, the fiber cement siding will be the only item consider Class 1a, the rationale being that the product is probably a lower quality than the Class 1 materials which are typically natural materials such as brick or 4 c.,.ccc........__c_._.c._...c.~...._._.c._....cc_____c._......__._.__c_"'-_..~--r--._'------'_._---'-- 0,. City Council Meeting Minutes DRAFT April 5, 2004 stone. But, it is probably a higher quality than a Class 2 materials such as concrete. With the development of more and more hybrid materials, staff felt defining a separate class was most appropriate. LeMair: Believed that the amendment is responsive to the advanced technology in the industry. Supported the amendment. Zieska: Asked about the percentages and if a builder could put in 100% of a 1 a product and satisfy the ordinance requirement. Concerned that there isn't a defined cap on the Class 1 a materials. Kirchoff: Advised that the intent of the ordinance is to require Class I materials on the building wall and the ordinance is written so that if a project uses both, it must equal 60%. Blombera: Agreed with Councilmember Zieska that a cap on the use of Class 1 a materials is appropriate because it does not meet the intent of requiring Class I materials. Hauaen: Read from the goals of the Comprehensive Plan. Believes the ordinance amendment is responsive. Suggested that the ordinance amendment include language "provided the material is a result of new technology and is equal to or better in quality and durability than those materials identified". Also suggested removing the language that refers to "meets the spirit and intent of this section" because it is too broad. Zieska: Added that any new technologies would have to go through staff as well as planning commission and Council approvals. Kansier: Commented that as a staff, their decisions are conservative when given the opportunity to interpret the ordinance. Applicants are also informed of the appeal process and list of remedies in the event they do not agree with the decision of the staff. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE ORDINANCE 04-17 AMENDING SECTION 1107.2200 OF THE PRIOR LAKE ZONING CODE TO PROVIDE FOR MINIMUM ARCHTECTURAL STANDARDS AS AMENDED WITH RESPECT TO 30% OF THE BUILDING FACE VISIBILE MUST BE CONSTRUCTED OF CLASS I MATERIALS, AND THAT AT (E) THE LANGUAGE BE ADDED THAT "MA TERIAL IS A RESUL T OF NEW TECHNOLOGY AND IS EQUAL TO OR BETTER IN QUALITY AND DURABILITY THAN THOSE MA TERIALS IDENTIFIED"; AND STRIKING THE FOLLOWING LINE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Accepting Bids and Authorizing the Mayor and City Manager to Execute a Standard Construction Contract for the Downtown Street Reconstruction and Rainwater Gardens. Osmundson: Reviewed the agenda item in connection with the staff report. Hauaen: Pointed out that the low bid is nearly $500,000 below the estimated. Looking forward to completing the project. MOTION BY PETERSEN, SECOND BY BLOMBERG, APPROVING RESOLUTION 04-58 ACCEPTING BIDS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A STANDARD CONSTRUCTION CONTRACT FOR THE DOWNTOWN STREET RECONSTRUCTION AND RAINWATER GARDENS TO S.M. HENTGES IN THE AMOUNT OF $1,237,538.29. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 5 ... ....."....-....,_._.__..__.M.....'.._.__.---r--'--_._-~..",.".~._-"..... City Council Meeting Minutes DRAFT April 5, 2004 Consider Approval of a Resolution A warding Additional Facade Improvement Funding to Harry and Gina Tupy:. Rye: Reviewed the agenda report in connection with the staff report, noting that the applicant submitted a letter indicating that significant additional costs had been incurred and requesting additional matching funding to cover the additional costs. Hauaen: Suggested deferral until such time as Mr. Tupy is available. Zieska: Believed a discussion is appropriate. Did not believe delay is necessary. He would support the amendment despite the precedent set. Petersen: Commented that he is also of the position that it should not be so hard for the applicants that they have to have the project all designed before it is even considered. Issues during construction are bound to come up. Since this project has not reached the $25,000 cap, he would support the amendment. leMair: Also agreed and commented that this business owner asked for less than may have been needed. Would rather see a business ask for less and come back to the Council, than to ask for the maximum just because he can. It suggests that it was done the correct way. Blombera: Asked if cost estimates are required in the application process. Rye: Cost estimates from the contractor are supplied with the application. Blombera: Believed that applicants should be expected to do the necessary research before applying for the money. It is not clear that this set of circumstances equates to more of an improvement. If more money is given, suggested that the Council be very careful and specific in its rationale based upon this set of circumstances. Hauaen: Commented that he is not necessarily opposed to granting the additional funds, but does have a series of questions that should be answered by the applicant concerning their procedure and particular circumstances prior to his making a decision. Did not believe there was an urgency and suggested deferral. Zieska: Asked if the applicant turns in actual invoices in order to get the approved funding. Rye: Advised that the City reimburses based upon paid invoices. Zieska: Further commented that there are two parts to the Council's decision. First is do we pay 50% of the applicant's costs for the improvement (i.e. grant the additional money), and secondly is how the payments are actually made. Did not believe the answers received would affect the Council's decision to provide payment either way. Blombera: Advised that she would like to see more thought put into the process. For instances, new applicants could be granted "x" number of dollars, and then come back saying wait, we need more, and the dollars are a finite amount. As a Councilmember, it becomes a much more difficult decision as to what amount to grant knowing projects are out there that could come back asking for more money. Asked if there are other provisions that could be applied to the process. Rye: Advised that, essentially, it becomes a question of the level of detail that is submitted in the plans initially. leMair: Believe the program has been successful in part because the process is not cumbersome. Requiring additional architectural drawings would mean additional upfront costs to the business owner, and a more lengthy process. 6 . .u____"_.____.....,,~.-- ,______.'''..,,<. .____.....___ .. ,. .... ..,.. City Council Meeting Minutes DRAFT April 5, 2004 Rve: Advised that when the improvements are more involved, the building permit process or inspectors would ask for more detailed drawings or plans. Zieska: Repeated that this is a finite program, which prohibits applicants from continually coming back asking for more and more. Also, it is prudent for business owners to put on paper exactly what they need and to do their homework. They are the ones that run the risk that the funding won't be there after the fact. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-64 AWARDING ADDITIONAL FACADE IMPROVEMENT FUNDING IN THE AMOUNT OF $3565.50 TO HARRY AND GINA TUPY. Blombera: Believed this is a grant program, not an open-ended ticket to pay 50% of final project costs. Would really have liked the opportunity to ask Mr. Tupy some questions. Hauaen: Repeated that he would be more comfortable having had the opportunity to have Mr. Tupy clarify some things. Blombera: Does not have a problem with the money, but the process. VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, Nay by Haugen, the motion carried. MOTION BY ZIESKA, SECOND BY _ TO DIRECT STAFF TO REVIEW THE PROCESS IN AN EFFORT TO ADDRESS THE ISSUES RAISED IN THE DISCUSSION TONIGHT. Rve: Believes that was the staff's intent regardless. No further formal action was taken. Consider Approval of a Resolution Authorizing the Purchase of Equipment and Materials Appurtenant to the Fishing in Neighborhoods (FIN) Program. Friedaes: Reviewed the agenda item in connection with the staff report. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-59 AUTHORIZING THE PURCHASE OF EQUIPMENT AND MATERIALS APPURTENANT TO THE FISHING IN NEIGHBORHOODS PROGRAM. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Joint Resolution for Orderly Annexation between the City of Prior Lake and Spring Lake Township pursuant to Minnesota Statutes 414.0325 Annexing 40 Acres Commonly Known as Honey's Back Forty. Kansier: Reviewed the agenda item in connection with the staff report. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-60 FOR JOINT ORDERLY ANNEXATION OF 40 ACRES COMMONLY KNOWN AS HONEY'S BACK FORTY. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. The Council took a brief recess. 7 . ,.~ '-""~'''~''_...''''-"..''''.._~_._".__._....,-'..,....~..''''---.'''"".--.-.,,...-.. City Council Meeting Minutes DRAFT April 5, 2004 NEW BUSINESS Consider Approval of a Resolution Amending the Wilds Planned Unit Development Plan and Approval of a Resolution Approving Preliminary Plat to be known as Sterling South 2nd Addition. Kansier: Reviewed the agenda item in connection with the staff report, pointing out that the issues seem to be whether a connection to Oaks Lane is appropriate, the ownership of Lot 89 which the developer would have to resolve prior to the final plat, and approval of the wetland mitigation plan, and addressing the engineering requirements. If the wetland mitigation plan is not approved by the DNR, several of the units would need to be moved back or eliminated. LeMair: Believes the development and the conditions appear to be appropriate. Concerned about not having a through access to Oaks Lane. Asked for clarification regarding Lot 89. Kansier: Explained that the Homeowner's Association currently has some interest in that particular lot. In order for the developer to put units there, he needs to negotiate some agreement with the association. LeMair: Asked if the homes along Wilds Lane are all duplex units. Kansier: Advised that there are a combination of twin homes and village homes, which are detached single family units on envelope lots. Envelop lots typically do not provide a yard area, but do allow for some landscaping. The front setbacks are 25 feet from the curb and the rear is 25 feet from the common property line. The side yard setback is 10 feet between the buildings. Hauaen: Asked the pros and cons of the envelop lots versus the twin home. Kansier: Advised that from a homeowner perspective, there is ownership of the unit with some limited yard and do not share any common wall with the neighbor. At the same time, all the green space is still maintained by the homeowners association. Zieska: Asked if the property in the original Wilds PUD that was proposed for cabins included access to Oaks Lane. Kansier: Advised that she understood that it would have been a separate access from Oaks Lane and that Wilds Lane would probably have been a permanent dead end. Jim Stanton (developer): Advised that he bought the property in 1996 and the property was going to be 24-hour per day cabins services by the golf club, and so was definitely connected so that access to the club house was easy. Did not believe that rental was appropriate for the neighborhood. Even if the project was accessed from Oaks Lane and not connected to Wilds Lane, there would still be a long cul-de-sac with 88 units. Advised that he recommends that the access be a right out only at Oaks Lane. Access would be from a major entrance into the Wilds. Did not believe the road to service the cabins was ever designed. Stated he could live with it either way. Zieska: Believes the issue is access and that the intent was never to have Wilds Lane go through. From a emergency access perspective, he believed the fire and police will have no problem getting in. Did believe there was an issue with residents getting out. Petersen: Understands that the residents are concerned with the additional traffic, but believes there is a lot of development in a small area here and Councilmember Zieska makes a good point about access. 8 . . .... ...,...., '''".....-.. .,_._.. .. ~"._".__._-'" T' City Council Meeting Minutes DRAFT April 5, 2004 Blombera: Advised that this was well discussed by the Planning Commission and the developer appears amenable to either solution. Given the concerns of the residents, she will support the Planning Commission decision and conditions set forth. Zieska: Agreed with Council member Blomberg about what some of the residents want, but as a Councilmember making a decision for the overall community as a whole, believes that the emergency entrance won't work and should be a through improved street. Did not believe the neighborhood fully considered all the issues, and did not believe it was the right decision, but will support what the neighborhood wants. Hauaen: Asked if the Planning Commission was clear that the access to Oaks Lane was proposed as a right out only. Kansier: Confirmed. Hauaen: Asked the City's liability given that this is a private street. Pace: Believes the City has discretionary immunity in terms of making decision on the testimony before you. Did not believe there was any extraordinary or unusual liability that stems from this decision. MOTION BY ZIESKA, SECOND BY BLOMBERG TO APPROVE RESOLUTION 04-61 AMENDING THE WILDS PLANNED UNIT DEVELOPMENT PLAN FOR STERLING SOUTH 2ND ADDITION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY BLOMBERG TO APPROVE RESOLUTION 04-65 APPROVING PRELIMINARY PLAT TO BE KNOWN AS STERLING SOUTH 2ND ADDITION STRIKING CONDITION (B) REFEFFING TO THE ESTABLISHMENT OF AN EMERGENCY ACCESS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Establishing Policies to Direct the Traffic Safety Committee. Bovles: Reviewed the agenda item in connection with the staff report. Blombera: Explained that the committee had several requests come to the committee, and as a result found that more policy direction was needed from the Council. Believed this policy provides the appropriate guidelines. Hauaen: Asked why there are some street widths that fall in between the guidelines. Osmundson: Advised that there are no set rules for on-street parking. Basically, what is before you is a reflection of our subdivision regulations. There is no standard street width. Lesser street widths mean less impervious surface, so there are some benefits, but it also means there is less room to park on-street. Each circumstance is going to be difficult. The gap provides the committee some discretion, particularly in those areas. Zieska: Clarified that this policy is just a guideline for future requests. Blombera: Advised that the committee will use its discretion, but the committee will use this policy. The committee is looking for direction if the Council does not feel this policy is appropriate. 9 ""."-,..._..,..._~".,._-,..~_.~-~--_.._...........,...-~--_._------,...........,,- City Council Meeting Minutes DRAFT April 5, 2004 MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE RESOLUTION 04-62 ESTABLISHING POLICIES TO DIRECT THE TRAFFIC SAFETY COMMITTEE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of the Process and Timeline for Updating the City's Comprehensive Plan. Rve: Reviewed the agenda item in connection with the staff report. Councilmembers each articulated their support and encouraged residents to participate. No formal action was required. Consider Approval of a Resolution Encouraging the YMCA to Complete a Feasibility Study to Determine whether a YMCA Facility should be Constructed in Prior Lake. Bovles: Reviewed the agenda item in connection with the staff report. Zieska: Believed a YMCA would be an asset to the community. Suggested that the last "whereas" in the resolution be stricken. leMair: Supported the motion, but believe the Council and staff should work closely with the YMCA if the project moves forward so it works in cooperation with the other recreational facilities. Zieska: Suggested sending along a copy of the 2020 Vision video. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-63 ENCOURAGING THE YMCA TO COMPLETE A FEASIBILITY STUDY TO DETERMINE WHETHER A YMCA FACILITY SHOULD BE CONSTRUCTED IN PRIOR LAKE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS City Easter Egg Hunt Blombera: Reported that although the weather was brisk, the 151 annual City Easter Egg Hunt was very successful with an estimated 1200 people attending. Complimented staff on a great idea and well run event. Executive Session to Discuss Pending Litigation Mayor Haugen advised that the Council would be adjourning to Executive Session to discuss pending litigation involving special assessment appeals. Upon returning from Executive Session, Mayor Haugen advised that no formal Motion was required and that counsel had been directed to proceed with the mediated settlement. 10 .... -.. .."...... ....... ... -,... ...._.... - .......-. ....---....--------r---- City Council Meeting Minutes DRAFT April 5, 2004 With no other comments from Councilmembers, a motion to adjourn was made and seco d. The meeting adjourned at 10:10pm. ?Jrh'-- Frank Boyles, City Manager 11 .. 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