HomeMy WebLinkAbout040196 Regular MINUTES OF THE PRIOR LAKE CITY COUNCIL
April 1, 1996
1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council
to order on Monday, April 1, 1996 at 7:35 p.m. in the Council Chambers.
Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader
and Schenck, City Manager Boyles, Public Works Director Anderson, Assistant
City Engineer Wingard, Planning Director Rye, and City Attorney Barrett.
2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and
welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
Councilmember Mader noted that there appeared to be a lack of continuity
between page 4 and 5 of the minutes. A clarification was offered that all
bulleted items were information from the Weekly Update addressed under Other
Business.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI TO APPROVElqinutes
THE MARCH 18, 1996 COUNCIL MINUTES.
Upon a vote taken, ayes by Greenfield, Kedrowski, and Mader, no nays,
abstentions by Andren and Schenck as both had been absent from the March 18
meeting, the motion carried.
4. CONSENTAGENDA:
A. Consider Approval of Invoices to be Paid. Invoices
B. Consider Approval of Amendment #1 to Developers Agreement with GoodCardinal Rdg
Value Homes for Cardinal Ridge 2nd Addition. Dev. Agrmnt
C. Consider Approval of Extension of Filing Deadline for "Elmer and RichardElmer &
Addition." Richard Addn
D. Consider Approval of Resolution 96-31 Revoking Municipal State AidRes 96-31
System Street Designation and Resolution 96-32 Establishing StreetRes 96-32
(MSAS) System Municipal
State Aid
Councilmember Mader requested that Item D be removed from the Consentsystem
Agenda for discussion under Other Business, given the number of people present
for other agenda items.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Minutes of the Prior Lake City Council
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE
CONSENT AGENDA ITEMS A THROUGH C AND CONSIDER ITEM D
UNDER "OTHER BUSINESS."
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck,
the motion carried.
5. PRESENTATIONS:
A. Mayor Lee Andren Co~n~ne~norating the Contributions of Dee Birch to the D. Birch
City of Prior Lake. - City Manager Boyles stated that Dee has decided to Retirement
retire from her position as the Executive Secretary after 10 years of
employment with the City. During that time she has acted as Executive
Secretary to 4 City Managers, and as Recording Secretary to current and
previous City Councilmembers. Mayor Andren added her gratitude for
Dee's many efforts on behalf of the City, City Council and Mayor. Mayor
Andren presented Ms. Birch with a crystal bowl and base in recognition of
her many contributions.
B. Mayor Lee Andren Presenting Plaques to For~ner Members of the Business Former BDC
Develop~nent Committee Recognizing their Service to the City. Citylqembers
Manager Boyles stated that the Business Development Committee voted
to decommission itself at its February meeting on the basis that the
committee had achieved its goal of developing the Business Office Park
and a recommendation that the City's economic development resources be
reconfigured in order that the City will be prepared for future
development. Mayor Andren thanked and presented plaques of
appreciation to Jeannie Robbins and Ray Lemley for their years of service
on the Business Development Committee.
C. Superintendent Les Sonnabend Requesting Council Consideration of School Dist.
Building Permit Fee Waiver. - School Board Chair Renee Clark asked that Bldg. Permit
the City Council consider waiving portions of its building permit related Fee Waiver
fees because the City should: (1) not look at the school district as a
revenue source, (2) taxes are paid by the same people and they should not
be double taxed, (3) the school district does not have a no-build option, (4)
the school district is willing to pay actual costs to the City and the fact
that the fees are significant in overall project costs. She stated that the
same request will be made to the Savage City Council.
School Board Member Mike Autherreich acknowledged that other cities
charge the same fees and that the city has the legal authority to do so.
He asked that the City not shift the tax burden from one taxing agency to
the other. He encouraged City cooperation and support of the school
district. He believes developers, not the school district, should bear the
costs of development. Because of radical student population increases the
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Minutes of the Prior Lake City Council
district cannot defer its construction projects. Neither the school district
nor the voters were aware of the City's fees at the time of the referendum.
He reiterated that the district would pay actual costs, but not fees driven
by a formula. He stated the school district would be willing to enter into a
vision statement wherein the City would waive fees in exchange for the
school providing green space.
Mayor Andren indicated that this request will be considered after a joint
meeting of the Savage and Prior Lake City Council and School Board,
tentatively set for April 29th. The staff will provide the Council a report
on the request following the joint meeting.
6. PUBLIC HEARINGS:
A. Approve Resolution 96-39 Accepting Feasibility Report and Calling for1996 rubl±c
Public Hearing on 1996 Public Improvement Projects. Cor~ductImpr°vement
Projects
Assessment Hearing on Adoption of Assessment Roll for Northwood ROadFeas' Rept.
Improvement Project 94-02 and Consider Approval of Resolution 96-33. 'Res. 96-39
City Manager Boyles introduced the agenda item indicating that the
Council is being asked to approve Resolution 96-39 this evening, butRes. 96-33
continue the Special Assessment Public Hearing. Northwood Rd
Assessmemt
Finance Director Teschner reviewed the public notice, project costs andHearing
breakdown, the assessment, assessment term, interest rate, a sample
assessment, alternate methods of payment and procedural steps for
hearing continuation. He indicated that a 1996 Improvement Project
Hearing will be conducted on May 6, 1996 at 8:30 p.m. Following that,
the assessment hearing will be concluded and bids awarded for the project
as appropriate.
Mayor Andren opened the public hearing at ?:50 p.m. asking if members
of the public were present who wished to object to their proposed special
assessment. Kelly Gryting, 16059 Northwood Road, confirmed that she
had submitted a letter of objection to the City Manager with respect to the
proposed assessment.
Mayor Andren acknowledged receipt of objections to the special
assessment from James Dunn for parcels PIN 25-141-086-0 and PIN 25-
903-002-0 and Gary U. Mentjes, 16327 Northwood Road.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO Assessment
CONTINUE THE ASSESSMENT HEARING TO MAY 6, 1996 ATHear±ng
$:30 P.M. Cont ' d.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
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Minutes of the Prior Lake City Council
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO ADOPT
RESOLUTION 96-39 ACCEPTING FEASIBILITY STUDY AND
CALLING FOR A PUBLIC HEARING ON 1996 IMPROVEMENT
PROJECTS.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
7. OLD BUSINESS:
A. Consider Approval of Resolution 96-34 Awarding Bid for Crossandra
Street Sidewalk and Pedestrian Ra~nps on Main Avenue and CSAH 21,
City Project 95-15. - City Manager Boyles stated that the Capital
Improvement Program provides for this construction project and
accordingly bids have been solicited. A resolution is included for Council
consideration. Councilmember Mader asked why the sidewalks were
being paid through the Capital Park Fund. Public Works Director
Anderson stated that sidewalks have historically been paid for through
the Capital Park Fund unless other funding sources, such as Municipal
State Aid, were available.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TORes 96-34
ADOPT RESOLUTION 96-34 ACCEPTING BID FOR Crossandra
St. Sidewalk
CROSSANDRA STREET SIDEWALK AND PEDESTRIAN RAMPS
ON MAIN AVENUE AND CSAH 21, CITY PROJECT 95-15.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
B. Consider Approval of Annual Planned Unit Development Report
Planning Director Rye stated that the Planning Department is
responsible for providing the Council with an annual Planned Unit
Development Report. The report contained in the agenda packet has been
reviewed by the Planning Commission and recommends one of three
options with respect to the Priorview PUD. Alternative #3 is being
proposed to table further action on the Priorview PUD status since the
City has learned of developer interest with respect to this development.
Councilmember Kedrowski indicated that he had visited this site and
wanted to know whether the building under construction was within the
Priorview PUD. Planner Rye indicated that it was not.
MOTION BY MADER, SECOND BY KEDROWSKI, TO ACCEPT?~
THE ANNUAL PLANNED UNIT DEVELOPMENT REPORT ANDDevel°pment
APPROVE TABLING THE ISSUE OF THE PUD STATUS AS Report
RECOMMENDED BY THE STAFF.
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Minutes of the Prior Lake City Council
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
8. NEW BUSINESS:
A. Consider Approval of the Sche~natic PUD for Pheasant Meadow, Pheasant
Resolution 96-35, the Preliminary Plat (Resolution 96-36), Rezoning theMead°w rUD
Site to Planned Unit Development and Ordinance 96-10. - City ManagerRes' 96-35
Res. 96-36
Boyles stated that this proposal had been heard by the Planning0rd. 96-10
Commission both on March 11 and 9~5. The key issue appears to be
related to traffic and the connection of Balsam Lane from the proposed
PUD to Sunset Hills. The resolution contained in the staff report would
approve the connection of Balsam Lane between the two subdivisions and
would provide for 48 rather than 50 dwelling units.
Planning Director Rye gave an overview of the proposed project indicating
that a traffic report had been prepared by the staff with the findings that
there would not be a significant traffic safety issue created by the
connection of Balsam Lane. The proposed PUD meets the basic ordinance
requirements and accordingly has been recommended for approval by the
Planning Commission and staff.
Councilmember Greenfield stated he was concerned whether the
development meets the PUD criteria. It does not meet the criteria of
preserving amenities, since there are no significant natural resources on
the site. He believes that the PUD criteria I through 5 need to be
thoroughly reviewed. His review suggests that the PUD does not meet
the basic criteria.
Councflmember Mader stated that he agrees with Councilmember
Greenfield. He does not understand how this development preserves
natural characteristics. He believes that the PUD is being used simply to
pull the maximum density from the site and that is not the primary
function of the PUD. Consequently, it does not comply with the PUD
requirements.
Councilmember Schenck stated that he likes what is being proposed but
the application of the PUD is lacking. He is in favor of the project, but the
PUD application is weak.
Councilmember Kedrowski stated that he favors the PUD but shares
neighborhood concerns about Balsam Lane. He agrees that the proposal
is weak with respect to the PUD criteria. He does, however, believe that
the petition meets the intent of the ordinance and is consistent with the
Livable Communities Act.
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Minutes of the Prior Lake City Council
Councilmember Greenfield reiterated that he does not believe the PUD
ordinance criteria is met. He stated that approval of the PUD is subject
to Council discretion. He indicated that standard R-1 zoning would allow
between 25 and 30 structures and that the PUD is allowing 50 units. He
asked what the City will receive for the additional 25 units.
Councilmember Mader stated that the ordinance criteria indicates that
the prime criteria for PUD consideration is the preservation of natural
amenities. Planning Director Rye questioned whether the PUD should
only then be applied to high amenity property. Councilmember Mader
responded that he does not see the PUD as a primary mechanism for
adding more density to a proposal. Councilmember Kedrowski stated that
he believes that the way the ordinance is constructed, the proposal meets
the ordinance criteria.
Mayor Andren stated she agrees with Councilmembers Mader and
Greenfield, but for different reasons. The reason is, any person could
come into the city and ask for a PUD zoning on any parcel of land in the
city, as long as it meets the 10 acre minimum. The subdivision ordinance
says, "A PUD can be requested by the land owner...", but there is a key
phrase in there that says, "...at the discretion of the City Council." The
ordinance goes on to say, "The PUD is a tool which allows the developer
the density permitted by the zoning ordinance by being able to cluster
units in a manner which preserves natural amenities." The Mayor
observed that, even though the proposed Park Dedication amount would
be greater than a conventional plat, the contribution would be cash-in-
lieu of land. The development plans did not provide effective open
recreation areas, and a PUD should have public or private common open
space that is available to residents of the development. There is no need
to cluster units because this is practically farm field. So, the parcel of
land doesn't necessarily warrant a PUD.
The second issue is park and open space. Mayor Andren indicated that
there is no additional park land being dedicated to the city as a result of
this PUD. In fact, the park dedication is satisfied through fees. The
additional open space is people's back yards and, therefore, is not user
friendly.
This parcel of land does not warrant a PUD because it has nothing to
protect. She further indicated that she had no problem with townhomes
in this location, but that they should be proposed under the existing
zoning.
Planning Director Rye stated that the staff and Council need to take a
hard look at the definition of a PUD. The City Council concurred.
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Minutes of the Prior Lake City Council
MOTION BY SCHENCK, SECOND BY KEDROWSKI, TORes. 96-35
APPROVE RESOLUTION 96-35 APPROVING THE SCHEMATICPheasant
PUD FOR PHEASANT MEADOWS WITH TWO AMENDMENTS: (1)Mead°w PUD
THAT CONDITION #1 REGARDING THE INSTALLATION OF
BALSAM LANE BE DELETED AND (2) THAT CONDITION #3
REFLECT 50 RATHER THAN 48 TOWNHOME UNITS.
Upon a vote taken, ayes by Kedrowski, and Schenck, nays by Andren,
Greenfield and Mader, the motion failed.
B. Consider Approval of Resolution 96-38 Confir;ning the City Manager's
Reco~n~nendation for Appoint~nent of Ca~npbell, Knutson, Scott and Fuchs
as City Attorney. - City Manager Boyles stated that his report summarizes
the reason for his recommendation to select Campbell, Knutson, Scott and
Fuchs as City Attorney effective April 1, 1996. The resolution is
recommended for adoption.
Councilmember Mader stated that he was concerned that in November,
Popham Haik was recommended and that after only a very short time, a
new firm is being recommended. He is concerned that the change appears
to be arbitrary. After discussing the issue with Attorney Barrett he now
has a better understanding of some of the changes taking place in the
Popham Haik firm. Councilmember Greenfield questioned the length of
the contract between the attorney firm and City.
City Attorney Barrett stated that Popham Haik has been very happy in
serving the City of Prior Lake. In evaluating its position it believes that
the best interests of Prior Lake can be served if the City Manager's
proposal is approved. He has enjoyed the opportunity to work on the
City's behalf. Mayor Andren stated the City Council has appreciated
Popham's representation, and particularly Tom Barrett's work at the City
Council meetings.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, ToRes' 96-38
APPROVE RESOLUTION 96-38 CONFIRMING THE CITY Confirm
MANAGER'S RECOMMENDATION FOR APPOINTMENT OFcity Att°rnel
CAMPBELL, KNUTSON, SCOTT AND FUCHS AS CITY
ATTORNEY.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
C. Consider Approval of A~nend~nent to Special Assess~nent Policy Relating to
the Assess~nent Review Co~n~nittee. - City Manager Boyles stated that he
is recommending that the Assessment Review Committee be increased in
size to include two councilmembers. Councilmember Kedrowski
M040196.DOC 7
Minutes of the Prior Lake City Council
suggested that the appointment of the Councilmembers to serve on the
Assessment Review Committee be done annually at the City Council's
January meeting.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TOAssessment
ADOPT REVISIONS IN THE SPECIAL ASSESSMENT POLICY TOReview
READ AS FOLLOWS: "BEFORE ANY ASSESSMENT HEARING, AC°mmittee
REVIEW COMMITTEE WILL BE ESTABLISHED BY THE CITY
COUNCIL TO ASSIST STAFF IN EVALUATION OF ALL
PROPERTIES IN ACCORDANCE WITH THIS POLICY AND
REVIEW THE STAFF PROPOSED ASSESSMENT ROLLS. THIS
COMMITTEE SHALL CONSIST OF THE CITY MANAGER, CITY
ENGINEER, FINANCE DIRECTOR AND TWO MEMBERS OF THE
CITY COUNCIL APPOINTED ANNUALLY AT THE CITY
COUNCIL'S JANUARY MEETING."
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
9. OTHER BUSINESS:
A. The Council considered Item 4D which had been removed from the
Consent Agenda entitled, "Consider Approval of Resolution 96-31
Revoking Municipal State Aid Syste~n Street Designation and Resolution
96-32 Establishing Street (MSAS) Syste~n." - Councilmember Mader asked
for clarification about the street system designation and how it
functioned. Public Works Director Anderson clarified the method of
selecting streets. He indicated that the purpose is to name the maximum
amount of allowable mileage of such streets in conformance with the
municipal state aid criteria. Mayor Andren asked whether or not the
streets needed to be considered for improvement in the short run if named
as Municipal State Aid Streets. Public Works Director Anderson
indicated they did not.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO MSAS
CONSIDER APPROVAL OF RESOLUTION 96-31 REVOKINGRes' 96-31
MUNICIPAL STATE AID STREETS.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO MSAS
APPROVE RESOLUTION 96-32 ESTABLISHING MUNICIPAL Res. 96-32
STATE AID STREETS.
M040196.DOC 8
Minutes of the Prior Lake City Council
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
B. City Manager Boyles stated that the Council's standard operating
procedure has been to direct the staff to prepare findings of fact and a
resolution of denial where planning actions are denied. He recommended
such action with respect to agenda Item 8A.
MOTION BY MADER, SECOND BY GREENFIELD, TO DIRECTrheasant
THE STAFF TO PREPARE FINDINGS OF FACT AND Ayiead°w
RESOLUTION OF DENIAL FOR THE SCHEMATIC PUD,PUD
PRELIMINARY PLAT AND REZONING OF THE SITE TO
PLANNED UNIT DEVELOPMENT FOR PHEASANT MEADOW
PUD 3-96.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
C. The City Manager reviewed the following items from the UpdateUpdate
Memorandum:
· Chair Training for Board and Commission members Council
agreed that the training should take place in the afternoon and Chair
early evening of a weekday and that the content should be a Training
combination of the two programs provided by GTS.
Councilmember Mader suggested that the staff ask whether the
League of Minnesota Cities could provide such training as well.
· Sexual Harassment Policy - City Manager Boyles stated that since Sexual
the policy applies to the City Council and Boards and Harassment
Commissions, he is asking for comments by Friday, April 5th. Policy
· Councilmembers concurred that the draft letter to the chair of the Metropolita~
Metropolitan Council was appropriate with minor revisions. Council
Letter
· The Metropolitan Council will be receiving a report about MUSA Land
developable land from the Twin City Builders Association on April
14 or 15, which may change the Metropolitan Council's position on
the amount of MUSA land available and their aggressiveness in
restricting extensions thereto.
D. Councilmember Mader asked that the City staff provide the Council with The Wilds
a report on the adequacy of the Letter of Credit and Performance
Payment Bond for The Wilds to assure that the City and its residents are
protected.
M040196.DOC 9
Minutes of the Prior Lake City Council
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT:
MOTION BY ANDREN, SECOND BY GREENFIELD, TO ADJOURN THE Adjourn
MEETING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck,
the motion carried.
Meeting was adjourned at 9:47 p.m.
The next regular meeting of the City Council is Monday, April 15, 1996 at 7:30
p.m. in the Fire Station City Council Chambers, to b be_preced~ ~, the Open
Forum at 7:00 p.m. '~~~'~I
City ~~~ ~
Recording ~cr~
M040196.DOC 10