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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA for at Fire Station No.1 1. CAL.L. TOORDER<andPL.EDGEOF 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. 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF MAY 3, 2004 MEETING MINUTES: 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. A) Consider Approval of Invoices to be Paid. B) Consider Approval of Treasurer's Report C) Consider Approval of Building Permit Report D) Consider Approval of Animal Warden Monthly Report E) Consider Approval of a Zoning Ordinance Amendment to Reduce the Required Setback from Principal Arterial Roads for Day Care Play Areas in the C-4 Use District. F) Consider Approval of a Zoning Ordinance Amendment Designating Boat Lifts and Rail Systems as Recreational Equipment. G) Consider Approval of a Resolution Approving a Wetland Replacement Plan for Sterling South. 5. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: 051704 www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 8. PRESENTATIONS: A) Recognition of Eagle Scouts Matthew Anderson and Drew Running B) Proclamation Recognizing National Public Works Week C) Concept Plan for the Lally Property ( Tollefson Development) 9. OLD BUSINESS: A) Consider Approval of the County Assessor's Report from the May 3, 2004 Board of Appeals and Equalization Hearing. B) Consider Approval of a Resolution Approving the 2005-2009 Capital Improvement Program. 10. NEW BUSINESS: A) Consider Approval of an Ordinance Amending the Zoning Map to Designate Property as R-1 and Approval of a Resolution Approving a Planned Unit Development Preliminary Plan and Approval of a Resolution Approving a Preliminary Plat to be Known as Heritage Landing. B) Consider Approval of a Report from the Traffic Safety Committee Regarding Parking Requests from Captain Jacks. C) Consider Approval of a Resolution Authorizing the Payment of Facade Improvement Funding to Lanford Adler for Extra Innings. D) Consider Approval of 2003 Annual Financial Report and Management Letter. E) Consider Approval of a Resolution Authorizing Acquisition of One Replacement Skid Steer Loader Under the State of Minnesota Cooperative Purchasing Agreement. F) Consider Approval of a Resolution Authorizing Purchase of a 1/2 -Ton 4x4 Pick-up Truck and Appurtenant Equipment for the Fire Department. 11. OTHER BUSINESS/COUNCILMEMBER.REPORTS: 12. ADJOURNMENT 051704 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING MINUTES May 3, 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 Coordinator Kansier, Public Works Director Osmundson, Communications Coordinator Oster, Assistant City Manager Walsh, Administrative Assistant Meyer. 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. Richard Carter (14209 Fountain Hills Court): Commented that he and his wife are new residents to the area and is interested in encouraging the City to include a park in the Fountain Hills area. Advised that there are a number of children in the area and suggested a property directly west of the current development. Osmundson: Advised that a future park is planned in the Vierling property to the west when it develops. The remainder of Fountain Hills is platted for commercial development. Also noted several other parks in the nearby area, including Knob Hill park and Carriage Hills park. APPROVAL OF AGENDA: Hauaen: Requested adding an item under Presentation to clarify the concept of linking Downtown to the Lake, and also an item under Councilmember Reports regarding an update on the proposed YMCA programs and facilities. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY BLOMBERG, SECOND BY PETERSEN, TO APPROVE THE APRIL 19, 2004 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE THE APRIL 20, 2004 EMERGENCY MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Zieska and Petersen, the motion carried. Council members Blomberg and LeMair abstained as they were not present at the meeting. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes DRAFT May 3,2004 (B) Consider Approval of Resolution 04.77 Approving a Final Plat and Authorizing Execution of the City's Standard Development Contract for a Subdivision to be Known as Deerfield 2nd Addition. BOYLES: Reviewed the Consent Agenda items. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PUBLIC HEARINGS: Local Board of Appeal and Equalization Mayor Haugen declared the public hearing open at 8:17pm. Boyles: Explained the process and purpose of the Board of Appeal, and action before the Council. LeRoy Arnoldi (Scott County Auditor): Discussed the placement of new construction properties on the tax rolls, distributing valuation statements, and fielding questions over the course of the past six months. Introduced Mellssler and Gary Nagle, the County Assessors for the Prior Lake area. Evelyn Morehouse (13755 McKenna Road - PID 25922001) Advised that her classification has changed from agricultural to residential for her 10 acre parcel. The use hasn't changed. She continues to grow alfalfa hay on at least 5 acres of the site. The second issue is that the value of the property has increased by over $50,000 over a one year period. Naale: Advised that the County on an on-going basis continues to re-evaluate the designation of hobby farms. Further explained that a property owner would need at least 10 acres used exclusively for tillable acres for an agricultural designation. Anything less does not qualify as an ag use. Similar properties were treated similarly. The recommendation is to have the designation stay the same. David Stroble (5840 Cardinal Ridge Trail- PID 252990460): Advised that he purchased the home several months ago with the previous owner taking out a building permit to finish the basement. That work was not completed. Believed that the valuation includes these improvements when the work has not been completed. His valuation is significantly higher than the neighborhood. Asked if there are general guidelines that keep similar homes in a certain percentage of each other. Naale: Advised that he would come back out to the property to review the situation, but that valuation is not necessarily based upon the neighborhood or the style of home, but rather the degree of improvements and upgrades provided to the propety. Steve Hartmann (4270 Lords Street - PID 250510010): Commented that he sold 1/3 of his property last year, and his tax statement did not include a reduction in the value of his property even though he has less land. Naale: Would document the sale and contact him tomorrow. Jim Weninaer (2590 Spring Lake Road - PID 251310080): Commented that his lakeshore neighborhood seemed to experience an approximate 15% increase in valuation. There is a major road project proposed for this area and it affects 2 City Council Meeting Minutes DRAFT May 3,2004 property values at least in the short term. Believed the properties in the area of County Road 12 should be valued at a lesser rate. Naale: Commented at this point, there has been no documentation as to recent sales to be able to determine if the proposed road project will increase or decrease property values. Once those sales take place, and if the sale is impacted by the proposed road project, the assessor would re-evaluate. It is possible that the properties are asking too much to begin with. Weninaer: Believed it is also possible that the properties are over-valuated. Naale: The area can be looked at over the whole next year to determine if there is an impact. Zieska: Suggested looking at taxable value versus assessed value. Weninaer: Asked if there is a process that the property owners could follow to further raise the issue. Naale: Added that there is no factual basis at this point. It is speculation. If an independent appraisal shows that the market value is significantly lower than the assessed value of the property, he would like to review that appraisal. Weninaer: Commented that he understood that the goal is to be fair and that statutes need to be met. But, he believed that a proposed road project with significant impacts, has to affect the value of properties in the area. Issler: Added that without factual basis, the County is not going to provide across the board cuts for an entire neighborhood. ~ Naale: Provided an example that if the County provided a level valuation of those properties for a period of two years, when the re-evaluation was done in that third year, property owners would be facing significant valuation increases to be brought up to the market. Brad Kaisersatt (11414 Shady Beach Trail- PID 251140025): Regarding Conroy's Bay association lake access, asked if a property with easement access is valuated differently than lakeshore homes. Also asked about a multiplier or formula for valuation. Zieska: Explained that properties are not taxed based upon location. If a property is valued at $250,000 for a lake home, and the same property is valued at $250,000 in Downtown Prior Lake, the tax is the same. Kaisersatt: Asked if there is a discrepancy in the lot line, if that could affect his valuation. Naale: Explained that the 106 feet was probably taken from a plat. If you have an updated survey that shows a different lot size, he would like to see that survey for re-evaluation. MOTION BY ZIESKA, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING AND DIRECT STAFF TO RETURN TO THE MAY 17, 2004 REGULAR CITY COUNCIL MEETING WITH A RECOMMENDATION REGARDING THE ISSUES PRESENTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 3 City Council Meeting Minutes DRAFT May 3, 2004 PRESENTATIONS: Introduction of City Engineer Steve Albrecht Osmundson: Introduced City Engineer Steve Albrecht and discussed some of his extensive municipal experience. Albrecht: Thanked the Council for the opportunity to be involved in the many projects and opportunities that a City moving forward faces. Looked forward to meeting those challenges. Clarification of the Concept of Linking Downtown to the Lake Hauaen: Discussed that much misinformation and misunderstanding has developed through the Comp Plan update process associated with the concept of linking Downtown to the Lake. Advised that the intent behind the concept of "linking Downtown to the Lake" was that from a theme and perception, it was important to connect the Downtown and the Lake - be it through street lighting, design, benches, and possibly landscaping. It does not mean there will be wall to wall commercial buildings or that the City is in the business of wholeheartedly re-zoning or purchasing properties for development. leMair: Agreed with the comments by the Mayor. Added that any development that would occur is that which the market will bear on a negotiated basis with the present property owners. Zieska: Also agreed with the comments of his colleagues and added that any development will be privately driven, such as the property recently purchased by IVEX Corporation which was residential and Ivex initiated an amendment of the zoning. Property owners should definitely feel that their destiny is in their own hands with respect to when their property may develop, or how it develops. Petersen: Suggested that if residents are interested in finding out more about any type of project, to contact City staff or their Council member. Blombera: Commented that there are creative ways to create a perception that the Downtown and the Lake are connected while never intending to wholly make the area commercial. OLD BUSINESS Consider Approval of a Resolution Accepting Bids and Awarding Contract for 2004 Reconstruction Project. Mayor Haugen removed himself from the vote on this item Because his property was in the project area. POPPlER: Reviewed the agenda item in connection with the staff report. BLOMBERG: Asked if Northwest Asphalt is a quality contractor. OSMUNDSON: Confirmed that previous projects have gone smoothly. PETERSEN: Would like to see the sidewalk included in the project from Red Oaks to Lakeview. lEMAIR: Agreed that including the sidewalk is appropriate given the access needed to the lake. 4 City Council Meeting Minutes DRAFT May 3, 2004 ZIESKA: Agreed that to access the beach by going through the park is not reasonable. Agreed with the staff recommendation. Happy to see the estimated assessment $1000 lower than the estimate, but cautioned that final assessment notices will go out to the neighborhood in the fall. BLOMBERG: Agreed with Councilmembers in including the sidewalk access to the lake, especially from a safety perspective. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-78 ACCEPTING BIDS AND AWARDING THE CONTRACT FOR STREET AND UTILITY CONSTRUCTION FOR THE 2004 IMPROVEMENT PROJECT #04-11 TO NORTHWEST ASPHALT INC. OF SHAKOPEE IN AN AMOUNT NOT TO EXCEED $2,048,391.33. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-79 AUTHORIZING WSB AND ASSOCIATES, INC. TO PROVIDE CONSTRUCTION STAKING SERVICES FOR 2004 STREET IMPROVEMENT PROJECT #04-11 IN AN AMOUNT NOT TO EXCEED $38,500. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Accepting Bids and Awarding Standard Construction Contract for the Cured-in- Place Pipe (CIPP) Project. POPPlER: Reviewed the agenda item in connection with the staff report. BLOMBERG: Asked if the City has previous experience with the lowest bidder, given that the next bidder is only a $1500 difference. Also commented that over the long term this type of technique can lower the cost of future improvement projects. POPPLER: Confirmed that the City has not used this type of technology, or contractor, in the past, but other municipalities have been very successful with the technique, and believed the City will consider the same type of technology in future projects. ZIESKA: Pointed out that once again the bid is under the project estimate. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-80 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CURED-IN-PLACE (CIPP) PROJECT TO MICHEL'S PIPELINE CONSTRUCTION IN THE AMOUNT OF $207,247.00. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Resolutions Authorizing Issuance of (1) $400,000 General Obligation Tax Increment Financing Bonds of 2004; and (2) $2.7 Million General Obligation Improvements Bonds of 2004. STEVE MATTSON: Reviewed the agenda item in connection with the staff report and noted that the $400,000 TIF Bonds will have a 20 year amoritization with a net effective rate of 4.58%. These are slightly higher than the other issues because the period is longer, and the amount is smaller. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 04-81 AUTHORIZING ISSUANCE OF $400,000 GENERAL OBLIGATION TAX INCREMENT FINANCING BONDS OF 2004. VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried. 5 City Council Meeting Minutes DRAFT May 3, 2004 Mattson: Commented that the $2.7 Million bond issue will have a 10 year amoritization with a net effective rate of 3.61%. Moody's reviewed the bond issue and the City retained its A-1 bond rating. Also pointed out that Prior Lake State Bank purchased 40% of the bonds offered last Wednesday, and $450,000 still remain. We are willing to lock in on this basis and not further cost the City. Zieska: Thank Prior Lake State Bank who epitomizes the values in our 2020 Vision in truly being community partners. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-82 AUTHORIZING ISSUANCE OF $2.7 MILLION GENERAL OBLIGATION IMPROVEMENT BONDS OF 2004. VOTE: Ayes by Blomberg, Petersen, Zieska and LeMair, the motion carried. Mayor Haugen rejoined the meeting. NEW BUSINESS Consider Approval of a Resolution Amending the Wilds Planned Unit Development Plan and Approval of a Resolution Approving a Preliminary Plat to be Known as Wilds Ridge. KANSIER: Reviewed the agenda item in connection with the staff report. LeMair: Asked the maximum density for R-1. Kansier: 3.6 units per acre. LeMair: Asked about the plans abutting the park area as they related to the Jeffers Pond concept plan. Kansier: Explained that a roadway would be installed along the ridge to access the Jeffers Pond nature area and that the developers have been working in conjunction to best utilize the area and provide adequate park land. A final resolution would be required prior to final plat. Zieska: Asked when the original Wilds PUD was approved, and if it was a stand alone plat, what the parkland requirement would be. Kansier: The original PUD was approved in 1993 Zieska: Suggested that a condition be added that an alternative to the east access for sewer and water be identified. Otherwise supported the project because it is way under the maximum limitations. Petersen: Supported the project as well. Blombera: Commented that the topography provides many challenges. Believed the developer has made every effort to accommodate the ordinances and concerns with access to parkland and density. Pleased to hear that the developers are working together to make the developments better. Hauaen: Concerned with the issue of park land, but understood that the item can be further addressed with the plat of Jeffers Pond as the respective developers continue to work together. MOTION BY BLOMBERG, SECOND BY ZIESKA, TO APPROVE RESOLUTION 04-83 AMENDING THE WILDS PLANNED UNIT DEVELOPMENT PLAN SUBJECT TO CONDITIONS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 6 City Council Meeting Minutes DRAFT May 3, 2004 MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04.84 APPROVING A PRELIMINARY PLAT TO BE KNOWN AS WILDS RIDGE SUBJECT TO CONDITIONS, STRIKING CONDITION NUMBER B-1. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. The Council took a brief recess. Consider Approval of a Zoning Ordinance Amendment to Reduce the Required Setback from Principal Arterial Roads for Daycare Play Areas in the C-4 Use District KIRCHOFF: Reviewed the agenda item in connection with the staff report. LEMAIR: Asked how far the proposed play area is from the roadway. KIRCHOFF: Approximately 91 feet from the roadway. LEMAIR: Asked the ordinance requirement for fence height for a day care facility. KIRCHOFF: The ordinance does not regulate fence height. LEMAIR: Did not believe that it likely, because of the grade change from the street, that this would pose any problems. Would like to hear from the other Councilmembers. ZIESKA: Believed that a barrier may be necessary, but that the barrier needs to be a wall or fence. An elevation grade change or ditch is not acceptable. PETERSEN: Commented that due to the elevation, there did not seem to be any problem. Did believe a fence was necessary . BLOMBERG: Asked if the proposed facility is laid out as such that the building could be closer to CSAH 42 and the play area further away. Asked if the building could be accommodated by moving the play area to a different location along the facility. KIRCHOFF: Explained that staff believes that the play area could be accommodated along the side of the building and meet all necessary setbacks and ordinance requirements. HAUGEN: Commented that other day care facilities in Prior Lake have much smaller setbacks for play areas from roadways that are not safe and not appropriate. In walking the site, he did not believe that the proposed location of the play facility posed any safety concern because of the elevation. Supported dealing with this ordinance in a different manner. ZIESKA: Clarified that this ordinance would only impact day care facilities in the C-4 district along arterial roadways, and that the only business park is Fountain Hills, and that the only arterial roadway is CSAH 42. KIRCHOFF: Confirmed. ZIESKA: Concerned with the issue of pollution rather than safety. Posed a question as to what is the appropriate distance. 7 City Council Meeting Minutes DRAFT May 3,2004 BLOMBERG: Commented that this ordinance affects all future proposals, and with the issues of noise and pollution, she is not convinced that less than 200 feet is appropriate. HAUGEN: With respect to air pollution, asked how having a play area next to a parking lot is any different than above an arterial roadway. BLOMBERG: Commented that in 1999, the ordinance was set at 200 feet. What is the rationale for a lesser amount? What is the magic number? If a facility can be placed on this lot, why are we considering it? LEMAIR: Commented that because of the change in elevation, believed 50 feet was appropriate. HAUGEN: Did not believe having a play area next to a parking lot was appropriate either. PETERSEN: Asked how long children are typically outside during a day. Day Care Facility Owner. Approximately 2 hours per day. KANSIER: Explained the location of C-4 districts throughout the City. Also cautioned the City Council to consider an ordinance amendment as a policy decision rather than specific to this particular property. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE ORDINANCE 04-XX AMENDING THE ZONING ORDINANCE TO REDUCE THE REQUIRED SETBACK FROM PRINCIPAL ARTERIAL ROADS FOR DAYCARE PLAY AREA IN THE C-4 USE DISTRICT (OPTION #2). ZIESKA: Would prefer to have a fence or a wall rather than an elevation grade change or ditch. BOYLES: Suggested using Option 2, but directing staff to come back to the City Council with further specific details. AMENDED MOTION BY LEMAIR, SECOND BY PETERSEN TO DIRECT STAFF TO DRAFT AN ORDINANCE AMENDMENT REDUCING THE SETBACK FOR PLAY AREAS IN THE C-4 USE DISTRICT IN LINE WITH OPTION #2 PROPOSED IN THE AGENDA REPORT AND INCLUDING A FORMAL DEFINITION OF A BARRIER. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Zoning Ordinance Amendment Designating Boat Lifts and Rail Systems as Recreational Equipment. KANSIER: Reviewed the agenda item in connection with the staff report. BLOMBERG: Commented that she attended the Planning Commission meetings where the Commission and staff worked very long and hard to address the issues while understanding the needs in a lake community. PETERSEN: Commented that the lakeshore used to have many, many boat houses, but they have deteriorated. The alternative technology has been canopy rail systems or boat lifts. Believed there is a definite need for this type of ordinance. ZIESKA: Regarding the definitions of water-craft canopy, asked for clarification. KANSIER: Explained that the intent is that the system would need to be attached or built and installed by the manufacturer. The canopy wall could not go to the ground. 8 City Council Meeting Minutes DRAFT May 3,2004 ZIESKA: Believed that there needed to be some sort of setback for these types of canopied systems. Also suggested that there may need to be a designated footprint - say 250 square feet - larger than the footprint would be classified as a water- oriented accessory structure. LEMAIR: Concerned that the structures have walls that disrupt the view of neighbors. KANSIER: Commented that in the particular situation Councilmember LeMair was referring to, it certainly appeared to be classified as a wall. LEMAIR: Felt like this type of rail system or lift with a canopy of this type does become a huge obstruction. Agreed to some type of setback. If a view was to be obstructed, it should be the property owners view and not the neighbor. Could support the suggestions proposed by Councilmember Zieska. PETERSEN: Pointed out that whether the view is blocked by the boat or the canopy, there really is no difference. HAUGEN: Concerned about the definition of walls. Asked for suggestions about setbacks for boat lifts in the water. LEMAIR: Believed there were definitely issues. Believed this was a dry land resolution. BLOMBERG: Commented that the Planning Commission was very adamant about not having walls, because walls implied a structure, rather than recreational equipment. This was the reasonable, workable solution. Would support a limit to square footage. Would support a setback, but there are hundreds of situations on the lake that would be impacted. LEMAIR: Advised that for a dry land structure, a setback is necessary. This would not need to apply to docks or lifts on the water. ZIESKA: Could support the setback for a dry land structure. Cautioned the public that there is no way that the Council can guarantee everyone a 360 degree view of the lake. It is not possible. Asked Councilmember Petersen about the purpose of having canopy walls. PETERSEN: Advised the intent of the canopy is to keep the sun off the boat and discoloring. ZIESKA: Asked for comment about the size of the dry land accessory structures. HUTCHINS: Commented that the Council is on the right track with respect to limiting size and possibly setback. Also suggested the Council consider the impact of impervious surface. Clarified the definition of a wall from the Building Code. HAUGEN: Did not believe the canopies constituted any significant impervious surface. ZIESKA: Added that 240 square feet is not any bigger than the boat itself. MOTION BY ZIESKA, SECOND BY LEMAIR, TO DIRECT STAFF TO AMEND THE PROPOSED ORDINANCE WITH THE ADDITION OF A 10 FOOT SIDEY ARD SETBACK FOR DRY LAND STRUCTURES, A FOOTPRINT OF 240 SQ. FT OR LESS, AND A WALL NO GREATER THAN 12 INCHES, AND DIRECTING STAFF TO FURTHER RESEARCH THE APPROPRIATENESS OF THE 240 SQ. FOOT REQUIREMENT. HAUGEN: Suggested that if there are no walls, is the regulation to size necessary, because people will not be using the canopy as a storage facility. 9 City Council Meeting Minutes DRAFT May 3,2004 VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Amending the Comprehensive Plan for 13.86 Acres of Property Located in the Proposed Deerfield Industrial Park from C-BO to I-P. KANSIER: Reviewed the agenda item in connection with the staff report. LEMAIR: Asked if the McComb Study identified a need for Industrial designation. KANSIER: Explained there was not a specific designation beyond commercial business park. SULLIVAN: In the McComb Study, there was not definition of uses. The need identified would include commercial business office and industrial. There seems to be a diverse interest in commercial development, not necessary more or less in favor of industrial or commercial uses. LEMAIR: Believed there is a need identified and given the businesses ready to come here, he would support the motion. ZIESKA: Asked if the land was available, would there likely be businesses interested. SULLIVAN: There is not a good spot in Prior Lake to put these industrial type businesses. Other communities offer more ready-to-go availability. This change would make us more competitive in that respect. ZIESKA: Concerned that the site is surrounded by residential development, and that 1-1 does not provide an adequate buffer from the homes. Did not support the motion. Believed the business park could be reconstructed in a way that the 1-1 could be moved to the other end. BLOMBERG: Asked if there is a wetland along the westerly edge of the property. KANSIER: Confirmed. BLOMBERG: Asked if during the conditional use process, the public has an opportunity to be heard, and the Council or Planning Commission has the opportunity to mitigate any impacts. KANSIER: Confirmed. BLOMBERG: Asked about the differences in building materials. KANSIER: 1-1 uses typically require less Class 1 building materials and are more warehouse in construction. BLOMBERG: Asked how much 1-1 is currently available. KANSIER: Estimated less than 100 acres. HAUGEN: Commented that he has many of the same concerns mentioned tonight and by the Planning Commission during their consideration. 10 City Council Meeting Minutes DRAFT May 3, 2004 LEMAIR: Believed that the Planning Commission ultimately supported the motion, and the Community Development Director advised that this would be a good tool for him. Also did not believe there was significant impact to the residential neighborhood whether it is C-5 or 1-1. BLOMBERG: Advised that in visiting the site, given that the City retains some controls, and that the wetland provides somewhat more of a buffer than a typical lot line, she would support the motion. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 04-85 AMENDING THE COMP PLAN FOR 13.86 ACRES OF PROPERTY LOCATED IN THE PROPOSED DEERFIELD INDUSTRIAL PARK FROM C-BO TO 1_ P. ZIESKA: Concerned about constant re-zoning when not a drop of construction has begun. LEMAIR: Advised that there are other issues that have affected development. BLOMBERG: Believed that at the Planning Commission meeting, the developer advised that he did have businesses that wanted to come in, but that they needed larger sites. There are people that need outdoor storage, and there was no current interest in C-5. Also commented that there is a lot of auto repair in the Downtown area and no where for them to go if they desired. This would provide that avenue. HAUGEN: Would support the motion only on the basis that the City still has control to mitigate the impacts upon the neighborhood. KANSIER: Confirmed. VOTE: Ayes by Haugen, Blomberg, Petersen, and LeMair, Nay by Zieska, the motion carried. Consider Approval of a Resolution Approving the Agreement with Scott County for Transit Services for Circulator Route Service. Blombera: Complimented Sue Walsh on her efforts with the Senior Social. WALSH: Reviewed the agenda item in connection with the staff report. LEMAIR: Asked if the whole route can be done in 52 minutes. WALSH: Without making the Shakopee connection to the Walmart area, the route is 52 minutes. LEMAIR: Asked about stopping at Dakotah Sport and Fitness. WALSH: Explained that the manager at Dakotah did not feel it was necessary at this time, but could be addressed if a need arose. ZIESKA: Supported the project. BLOMBERG: Asked why the service ended at 6:15pm when the beaches, parks and bars don't close until much later. WALSH: Advised that 6pm was picked from a budget standpoint and the amount of time that the bus would be operating. 11 City Council Meeting Minutes DRAFT May 3,2004 BLOMBERG: Suggested that Dakotah be added because if it was available, more students would use it, and that the end times be looked at further and suggested maybe starting later in the morning. HAUGEN: Asked what type of bus would be used. WALSH: Advised that a Scott County Transit 25-foot transit bus with magnetic decals that will overlay the Scott County logo. ZIESKA: Pointed out that the subsidy for the program comes from MVET funds rather than general fund budget. WALSH: Confirmed. MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING THE AGREEMENT WITH SCOTT COUNTY FOR TRANSIT SERVICES FOR CIRCULATOR ROUTE SERVICE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Resolution Authorizing the Decertification of TIF District 2-1 (Keyland Homes) Sullivan: Reviewed the agenda item in connection with the staff report, advising that the decertification was necessary because the district is now complete. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 04-XX AUTHORIZING THE DECERTIFICATION OF TIF DISTRICT 2-1 (KEYLAND HOMES). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS Status Report on Proposed YMCA Facility Hauaen: Reviewed that the City and Shepherd of the Lake Church adopted independent resolutions encouraging the YMCA to undertake a study to identify the needs of the Prior Lake community. The YMCA took action to accept that recommendation. Subsequently, Alex Bunbury spoke at a City Council meeting about a project for a youth soccer / multi- use facility. The City connected the two parties. The Church, YMCA, and Mr. Bunbury are very excited about further pursuing the project. With no other comments from Councilmembers, a motion to adjourn was made and sec ed. The meeting adjourned at 11 :20pm. Frank Boyles, City Manager 12