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HomeMy WebLinkAbout07 27 15 Draft City Council Minutes O� PRIO* 4646 Dakota Street SE Prior Lake, MN 55372 4t sOlt' REGULAR CITY COUNCIL MEETING MINUTES July 27, 2015 CALL TO ORDER The meeting was called to order at 7:00 p.m. Present were Mayor Hedberg, Councilors Keeney, McGuire, Morton and Thompson, City Manager Boyles, City Attorney Johnson, City Engineer/Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Public Works Superintendent Theisen, Community and Economic Development Director Rogness, Planner Matzke, Fire Chief Hartman, Police Chief Elliott, and Administrative Assistant Green. PUBLIC FORUM City Manager Boyles reviewed the process for the public forum and explained that items subject to public hearing are not eligible for discussion on the public forum. Comments: Keith McDonald, 14471 Enclave Ct, commented that no response was made to a query about a 2005 traffic study undertaken in conjunction with the Jeffers Pond development. Mayor Hedberg explained that public input comments are not taken after a public hearing has been con- ducted, and that topic is not eligible for discussion during the public forum. APPROVAL OF AGENDA MOTION BY MCGUIRE, SECOND BY KEENEY TO APPROVE THE AGENDA AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑xx❑ ❑x x❑ ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ 0 ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. APPROVAL OF CITY COUNCIL MEETING MINUTES MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE THE MINUTES OF THE JULY 13, 2015 MEETING AS PRESENTED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ 0 0 Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. 1 A. Consider Approval of Claims Listing B. Consider Approval of May Treasurers Report C. Consider Approval of Building Permit Summary Report D. Consider Approval of Animal Control Services Report E. Consider Approval of Fire Department Report F. Consider Approval of Police Department Report G. Consider Approval of Resolution 15-120 Accepting Donations and Grants to the City during the Sec- ond Quarter of 2015 H. Consider Approval of Resolution 15-121 to Approve an Amendment to the Planned Unit Develop- ment(PUD) Final Plan for the Crystal Bay PUD I. Consider Approval of Resolution 15-122 Accepting Bids and Authorizing the Mayor and City Man- ager to Execute the City's Standardized Construction Contract for the 2015 Street Overlay Project and Concrete Repairs J. Consider Approval of Resolution 15-123 Authorizing Expenditures for the Development of Rice Lake Park; and Accepting the Bid and Authorizing the Execution of the City's Standard Construction Con- tract for the Purchase and Installation of Playground Equipment at Rice Lake Park MOTION BY MCGUIRE, SECOND BY THOMPSON TO APPROVE THE CONSENT AGENDA AS PRE- SENTED. VOTE Hedberg Keeney McGuire Morton Thompsor Aye p p p 0 p Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. PRESENTATIONS No presentation was scheduled. PUBLIC HEARINGS No public hearing was scheduled. OLD BUSINESS 8A Consider Approval of a Resolution Concurring with the Award of the Bid for the 150th Street 1 TH 13 Improvement Project City Engineer and Inspections Director Poppler reviewed the agenda report for this topic dated July 27, 2015 and stated that this is a significant safety project for the City and neighboring areas. Presented a Pow- erPoint to detail intersection safety projects undertaken in the past and describe this project that is being done in partnership with Savage and the State of Minnesota. Noted that the poor soils contributed to in- creased costs for the retaining wall and sidewalk/trail. MOTION BY THOMPSON, SECOND BY MORTON TO APPROVE RESOLUTION 15-124 CONCURRENCE OF AWARD OF A CONTRACT FOR THE 150TH STREET AND HIGHWAY 13 IMPROVEMENT PROJECT (STATE PROJECT#7001-104, CITY PROJECT#TRN15-000001). DRAFT 07 27 15 City Council Meeting Minutes 2 Keeney: Asked if it is necessary to have the sidewalk/trail and if we did not, would the retaining wall be nec- essary. Poppler: Replied the retaining wall would still be necessary although not as tall. Costs have not been bro- ken out for removing the sidewalk from the project. Explained that the area is the tight point of the project with surrounding wetlands and lake and the slope of the land. Keeney: Asked if costs would be less if the project did not have the right turn lane. Poppler: Responded that the option of placing the trail below the wall was considered and it ended up re- quiring more wall. McGuire: Stated his understanding of the need for the project, but expressed concerns about increased costs and asked if there are assurances that this will be the final cost. Poppler: Replied that receiving the bids is the best step for determining costs and projects generally come in at a 3-5% variance from the bid. Johnson: Commented that it would be difficult to put the brakes on this project as acquisition of property has proceeded. The joint bid procedure with Savage states that this meeting is to accept or reject the bids. Try- ing to re-bid the project would require renegotiating agreements. Keeney: This amount of additional cost is not pleasant and asked about the possibilities of having no trail. Poppler: Replied that one of the project objectives was to provide pedestrian opportunities to navigate out of the neighborhood in a safe manner. Keeney: Queried whether grant funding could be sought retroactively. Poppler: Wouldn't think so. Hedberg: Noted the Council voted a few months ago to continue the project where significant costs of prop- erty acquisition increased the cost of the project, and this action reflects$200,000 over the engineer's esti- mate. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x x❑ x❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. NEW BUSINESS 9A Consider Approval of Resolutions Relating to Jeffers Pond: 1)Amending a Comprehensive Land Use Plan, Map of the 2030 Comprehensive Plan, and Approving an Amendment to the Jeffers Pond Preliminary Planned Unit Development related to Outlots B, C, and D; and 2)Approving a Prelimi- nary Plat for Jeffers Pond 8th Addition Community and Economic Development Director Rogness and Planner Matzke described the report prepared for this topic dated July 27, 2015 including a description of the proposal. Displayed the PUD plan that was approved in 2005. Existing neighborhoods in the Jeffers Pond PUD were listed with an explana- tion that fewer homes have been approved and built than originally planned. Stated that commercial square footage is proposed to go from an originally planned 270,000 sq. ft. to 87,000 sq. ft. Addressed the traffic study undertaken in 2005 which shows a daily traffic count projected to be 18,679 on CR 21 south of CR 42. The 2030 Comprehensive Plan projects a daily traffic count to be greater than 25,000. Traffic Safety Advisory Committee concluded that overall traffic volumes should not be a concern, but made sug- gestions for turn lane changes to assist traffic flow. Noted that public hearings did not seem to express concern about the proposed Outlot D changes. DRAFT 07 27 15 City Council Meeting Minutes 3 Hedberg: Clarified that a minimum of 260 units in Outlots B and C is supported by staff. Noted that the motion does not designate how the commercial zoning should be used. It does not imply that the Super America proposal is approved. MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE RESOLUTION 15-125 AMENDING THE COMPREHENSIVE LAND USE PLAN MAP OF THE 2030 COMPREHENSIVE PLAN AND APPROVING AN AMENDMENT TO THE JEFFERS POND PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN RE- LATED TO OUTLOTS B, C AND D. Keeney: Asked if this item includes approval of a roadway connection piece. Hedberg: Replied that it does not include the roadway connection. Keeney: Discussion occurred at Economic Development Authority (EDA) and Traffic Safety Advisory Com- mittee meetings. It was expressed that access to the area should not be dead-ended such as cul-de-sacs as a safety concern. The EDA felt the residential area was not connected to the other residential areas. Believes we should require a looping roadway concept. Hedberg: Added that other points brought up by the EDA included designing roadways for public safety to provide appropriate egress for the homes and emergency vehicle access, to make it a walkable village con- cept and for traffic safety. Suggested a traffic study. McGuire: Asked if a traffic study would come back to the Council and whether it should be completed be- fore a PUD amendment is approved. Morton: Stated it seems best to make the decision with all of the facts including a traffic study. Johnson: Stated the PUD and Comprehensive Plan amendment request is before the Council and the deadline for action is the first meeting in September. If approved at this time subject to a traffic study, it would have to be made conditionally. Morton: Asked who is responsible for the costs of a traffic study. Boyles: The petitioner. Keeney: Asked if further platting approval is required before actual construction can begin and whether requiring roadway design at this point is premature. Rogness: Responded that these are outlots and if the commercial area is developed one lot at a time, there would be preliminary plats. Keeney: Clarified that the outlots would have to be made into lots. Rogness: Affirmed that is done with a final plat. Keeney: Asked if the Council has the authority to require roadway plans at that time. Rogness: Displayed the 2005 PUD that shows private streets going through the outlots and queried whether Keeney is proposing public streets. Keeney: Reviewed the 2005 display commenting that curb cuts and accesses in two locations at each out- lots addresses concerns. The looping roadway concept can be taken as already being approved at this point. Stated he would like the final plat to carry forward those requirements. Johnson: Noted that a preliminary plat sets conditions and they cannot be substantially changed between the preliminary plat and the final plat. Hedberg: Commented that two of these parcels are ready to move forward and if action is delayed to the September deadline, it may make development of outlot D not possible this year. Rogness: In the 2005 plan, outlots B and C show a view of how it will be developed with commercial build- ings, parking, pedestrian connections, a private road network, etc. The PUD essentially says it will be that mix of 270,000 sq. ft. of commercial and 114 condo units. The preliminary plat resulted in these becoming outlots without internal streets. Believes the preliminary plat does not need revisited, but the PUD needs to be addressed to change the mix of commercial and residential. DRAFT 07 27 15 City Council Meeting Minutes 4 Thompson: Commented on the reduction of required commercial space to 87,000 sq. ft. and asked if any- one has concerns that this seems to be developing into a residential neighborhood. Hedberg: Replied that the EDA discussion about 87,000 sq. ft. was a minimum and more would be en- couraged. Stated he would like to see more commercial square footage, but is mindful of the market. Thompson: Asked if there would be taller buildings approved in the future. Hedberg: Replied it will depend on the market. Keeney: Commented that single story commercial is typically retail and multi-story is typically office and professional types of service. Prefers to leave opportunity for multi-story, but wants this to begin and see if it will attract more commercial. Asked about the process for assuring that development does not over- whelm the existing roadway system. Rogness: Replied that the 2005 traffic study said this intersection would fail at build-out. Jeffers Founda- tion had to put$250,000 into escrow to help pay for a signal light when it is required, but warrants that are established by MnDOT have to be met before it could be installed. Poppler: Spoke about the justification to determine whether an intersection is ready for a signal. Keeney: Stated the study already shows that at build-out, the intersection would need a signal. Hedberg: Asked how it occurs in developments where signals are installed as development occurs. Poppler: Replied that, for example, the Boudin Street signal was put in because Target was being built and they know that would create the traffic. Keeney: Asked how many years it takes to get approval for a signal after it is determined it is needed. Stated we cannot tolerate letting the intersection getting to the warrant level with the fire station at that loca- tion. This study shows concern that the roadways would fail and we do not want to get to that point on this intersection. Boyles: Council reserves the right under item 3g of the resolution that specific residential and commercial projects in outlots B and C shall be further reviewed and approved by the City as amendments and for phased applications for the final Jeffers Pond PUD which seems to provide control. Suggested the traffic study be incorporated into the resolution in order to have the data to make a final decision. Keeney: Would like to have approval conditioned on a favorable traffic study. Johnson: This general amendment would go to the Metropolitan Council, so some statement that future phases for each of the lots must incorporate a favorable traffic study condition should be included. MOTION BY HEDBERG AND SECONDED BY MCGUIRE TO AMEND THE RESOLUTION SO THAT ITEM 3G INCLUDES THAT APPROVAL IS CONTINGENT UPON A TRAFFIC STUDY, THE REQUIRE- MENTS OF WHICH THE COUNCIL WILL IMPOSE AS FUTURE PHASES ARE APPROVED. THE TRAF- FIC STUDY WILL ADDRESS CONCERNS OF PUBLIC SAFETY, TRAFFIC SAFETY AND COMMUNITY DESIGN OF OUTLOT B AND C. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried and the amendment passed. Hedberg: Two issues remain—one regarding the road connections out of Outlot C; and the phasing of the development. Need to have communication and planning level commitment about phasing and timing. Keeney: Commented that he prefers the road loop concept, but without a fully designed plat is struggling with platting approval. DRAFT 07 27 15 City Council Meeting Minutes 5 Rogness: The traffic study could help provide input on what traffic movement would make the most sense in Outlot C. MOTION BY KEENEY AND SECONDED BY THOMPSON TO AMEND THE RESOLUTION THAT THE ROADWAY CONFIGURATION WILL BE FURTHER REVIEWED AND APPROVED BY THE CITY IN PHASED APPLICATIONS. VOTE Hedberg Keeney McGuire Morton Thompson Aye p p p p Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ 0 ❑ Absent ❑ ❑ ❑ ❑ 0 The motion carried and the amendment passed. MOTION BY HEDBERG AND SECONDED BY MCGUIRE TO AMEND THE RESOLUTION TO RECEIVE FROM THE DEVELOPER A SENSE OF PHASING AND TIMING, WHICH IS TYPICAL REQUIREMENT FOR ANY PUD WITH MULTIPLE STAGES. Rogness: That could come back with the traffic study. VOTE Hedberg Keeney McGuire Morton Thompson Aye p p p p p Nay 0 ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried and the amendment passed. Keeney: Noted that establishing uniform architectural requirements was discussed with advisory commit- tees. Asked if the uniform requirements will cover both Outlots B and C. Rogness: Commented that the Fire Station No. 2 theme regarding materials could be used to frame a refer- ence for general design and character to carry through. Hedberg: Noted the City also has downtown design guidelines and some of those architectural features could be applicable. MOTION BY KEENEY AND SECONDED BY MCGUIRE TO AMEND THE RESOLUTION TO STATE THE BUILDINGS FOR OUTLOT B AND C SHALL BE OF A UNIFORM ARCHITECTURAL STYLE CLOSELY MATCHING THE ARCHITECTURAL STYLE AND MATERIALS OF FIRE STATION NO. 2 AND COMPATI- BLE WITH DOWNTOWN DESIGN GUIDELINES WHERE APPROPRIATE. VOTE Hedberg Keeney McGuire Morton Thompson Aye Ei p Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried and the amendment passed. DRAFT 07 27 15 City Council Meeting Minutes 6 Thompson: Stated she does not like the 87,000 sq. ft. minimum of commercial. Hedberg: Responded that the City has had several different projections of commercial demand and each iteration predicts less demand than the Comprehensive Plan projections. Care should be taken to focus commercial development rather than having it spread all over, and to be realistic about the demand. There are no proposals on the Vierling land, but it includes 100 acres across CR 21 from Jeffers Pond which has been guided to become commercial and business office park. The Fountain Hills development has that kind of character as well. Two corners of the CR 21 /CR 42 intersection are for sale and also guided as commer- cial. With all of those sites, he supports the EDA recommendation of 87,000 sq. ft. as a minimum for this site and remaining open to encouraging more office buildings as the market supports it, Keeney: Concurs with the EDA recommendation and agrees it would be tough to require a 270,000 sq. ft. base and be able to meet it. Hedberg: PUD amendments and comp plan amendments require a super majority. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x x❑ ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried and the resolution with its amendments was approved. MOTION BY MORTON, SECOND BY THOMPSON TO APPROVE RESOLUTION 15-126 APPROVING A PRELIMINARY PLAT KNOWN AS JEFFERS POND 8TH ADDITION. Planner Matzke reviewed the site plans for the Jeffers Pond 8th Addition. Hedberg: Asked if Jeffers Pond 8th is proposed to be an association. Matzke: Replied the developer is not proposing an association managed area. Outlots would be deeded to the City and there will be public streets. Thompson: Asked if the PUD requires an association. Rogness: It does not. Noted that the City is not as supportive of private streets as it used to be. VOTE Hedberg Keeney McGuire Morton Thompson Aye x❑ ❑x ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. 9B Consider Approval of a Resolution Approving an Amendment to the Jeffers Pond Planned Unit Development Plan to Allow a Motor Fuel Station and Car Wash in Outlot C of Jeffers Pond Planner Matzke provided site details. Spoke of the public hearing conducted by the Planning Commission. Highlighted the conditions of approval. Stated that the Traffic Safety Advisory Committee reviewed this proposal and suggested the traffic lane changes that were shown with the Fountain Hills roadway in the previous report. Hedberg: suggested the item be tabled until the Council receives results of the traffic study. DRAFT 07 27 15 City Council Meeting Minutes 7 Morton: Concurred. Johnson: Reiterated that the Council has a time limit to approve or deny by the first meeting in September unless the applicant voluntarily withdraws his request for this major PUD amendment. If the deadline is missed, it is deemed approved as per Minnesota Statute§15.99. McGuire: Asked if the deadline can be extended if the developer agrees to it. Johnson: Responded that the developer would have to provide an express, written request for an exten- sion. McGuire: Suggested learning how long a traffic study would take and then ask for the appropriate length of extension. Thompson: Suggested the motion be denied at this meeting. Hedberg: Noted that absent the information from the traffic study he is inclined to approve it, but would prefer to have the traffic study information. Keeney: Suggested it be tabled and learn how the developer feels about an extension to allow time for the traffic study. If traffic and safety concems can be alleviated, he would be open to the project. Thompson: Stated that this does not fit with 2040 vision. Stated they are asking for a conditional use per- mit and that means this use is not permitted. Hedberg: Zoning ordinance says it is permitted with conditional use permit. Johnson: This approval resolution is designed with lots of conditions and it is guided that a service station would be allowed here because the Council can add whatever conditions it desires. The denial resolution is permitted with a PUD due to inconsistency with the plan from ten years ago. Keeney: Have not heard what the traffic numbers will be from this business and that would be an im- portant data point about what the traffic conditions will be for the fire station. Ask them to propose what they will supply us for a traffic study; and then, hopefully, an extension can be approved for the appropriate amount of time by mutual agreement. MOTION BY KEENEY, SECOND BY MCGUIRE TO TABLE AN AMENDMENT TO THE JEFFERS POND PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN TO ALLOW A MOTOR FUEL STATION AND CAR WASH IN OUTLOT C OF JEFFERS POND TO THE AUGUST 24, 2015 REGULAR CITY COUNCIL MEETING AND GIVE THE APPLICANT AN OPPORTUNITY TO PROVIDE THE TRAFFIC INFORMATION THE COUNCIL REQUIRES; INPUT ON THE OTHER REQUIREMENTS TO STAFF; AND NEGOTIATE A VOLUNTARY EXTENSION AS NEEDED. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x ❑x x❑ ❑x ❑ Nay ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ 0 The motion carried. RECESS Mayor Hedberg called a recess at 9:30 to allow the audience to clear the Chambers. RECONVENE Mayor Hedberg reconvened the meeting at 9:35 p.m. DRAFT 07 27 15 City Council Meeting Minutes 8 9C Consider Approval of an Ordinance Amending Subsection 1102.1400 of the City Code Related to Allowing Outdoor Storage Exceeding 50% of the Building Area in the General Industrial (I.1) Use District as a Conditional Use Community and Economic Development Director Rogness reviewed the amount of outdoor storage currently allowed in the I-1 Use District. A second category of outdoor storage is proposed that businesses could apply for with a conditional use permit. MOTION BY MCGUIRE, SECOND BY MORTON TO APPROVE ORDINANCE 115-20 AMENDING SUB- SECTION 1102.1400 OF THE PRIOR LAKE CITY CODE RELATED TO ALLOWING OUTDOOR STOR- AGE EXCEEDING 50% OF THE BUILDING AREA IN THE GENERAL INDUSTRIAL (I-1) USE DISTRICT AS A CONDITIONAL USE AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. Keeney: Asked if a specific applicant is requesting this. Rogness: There is a potential applicant. Keeney: Clarified whether the proposed ordinance implies a public hearing and an opportunity to add con- ditions. Rogness: Correct. Thompson: Asked about the purpose of limiting the storage. Rogness: From an economic development standpoint, the tax base is on the building so it is typical to push for building space rather than outdoor storage. Some businesses would reasonably need outdoor storage and should have the ability to apply for it. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑x x❑ ❑x ❑x ❑x Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ The motion carried. OTHER BUSINESS 1 COUNCILMEMBER REPORTS Hedberg: Noted that MnDOT has completed a speed study on Hwy 13. They are about to increase the speed to 50 mph this fall. Many will not be happy with this change, but there will be another stop light by next summer. McGuire: Lakefront Days is August 6, 7 and 8. It is a City/Chamber event and always a good time. ADJOURNMENT With no further business brought before the Council, a motion to adjourn was made by Morton and seconded by Keeney. The motion carried and the meeting adjourned at 9:38 p.m. Frank Boyles, City Manager DRAFT 07 27 15 City Council Meeting Minutes 9