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HomeMy WebLinkAbout100796 Regular MINUTES OF PRIOR LAKE PUBLIC HEARING DATE: October 7, 1996 OPENING OF PUBLIC HEARING: Mayor Andren opened the Public Hearing at 5:30 p.m. Present were Mayor Andren, Councilmembers Kedrowski, Mader, and Schenck, City Manager Boyles, City Attorney Pace, Assistant City Manager Tremere, and Recording Secretary Koch. Councilmember Greenfield was absent. AGENDA ITEM: Consider Approval of Resolutions 96-103, Approving Development Districts 1 and 2 Modification Pursuant to Minnesota Statutes Chapter 469 and Resolution 96-104 Approving Tax Increment Financing Districts 1-1, 1-2, and 2-4 Modification and the Use of Tax Increment Financing. City Manager Boyles discussed the item and noted that the decisions to be made were 1) Whether such a modification should take place, and 2) What should the configuration of those districts be?. Assistant City Manager Tremere summarized the Tax Increment Financing Districts as tools for redevelopment, citing Scott County and School District agreement with the resolutions. Roger Guenette of Advanced Resources for Development discussed the history of the Municipal Development District Plans established in the 1980's leading to the current consideration for redevelopment activities involving expansion of boundaries. He stated approximately $2,850,000 of additional expenditures would be authorized if redevelopment of these areas was promoted, resulting in a total budget of up to $3.5 million. He discussed the Park Nicollet development as part of the Tax Increment plan and the plan as a whole. The duration of the districts can be limited, up to 25 years. As projects requests come forward, there would be a process of formal negotiations for the funds. It is not mandated that these projects would be a part of the TIF plan. · Mayor Andren expressed concern with amount of businesses under TIF. · Roger Guenette said with population density, etc., developers will eventually be buying land and the City would negotiate assessment strategies. This will be in the future. He discussed current retail service situation versus putting Prior Lake in a position to compete with other cities' businesses. 16200 ~l~~r~.'~.'~i~o-~ake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER · Greg McClanahan, 5212 Oak Street Prior Lake, spoke in favor of TIF because of current lack of retail development · Mayor Andren asked whether zoning for types of businesses will be implemented. · Roger Guenette explained that should a contract come forward, the City has the opportunity to negotiate these things into the contract. MOTION BY ANDREN SECOND BY KEDROWSKI TO CLOSE THE PUBLIC HEARING. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY SCHENCK SECOND BY KEDROWSKI TO PLACE ON THE REGULAR MEETING CONSENT AGENDA THE MOTION TO ADOPT RESOLUTION 96-103 WITH MODIFICATIONS RECOMMENDED BY THE COUNTY INVOLVING FIVE HAWKS/CSAH 23/HIGHWAY 13 INTERSECTION RIGHT OF WAY. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO PLACE ON THE REGULAR MEETING CONSENT AGENDA THE MOTION TO ADOPT RESOLUTION 96-104 WITH MODIFICATIONS INVOLVING FIVE HAWKS/CSAH 23/I-IIGHWAY 13 RIGHT OF WAY. Upon a vote, ayes fren, Kedrowski, Mader, and Schenck, the motion carried. ~,,~~he hearing at 6:00 p.m. Recording Secretary I: \COUN C.I L",:M 1N L! TES \ PH 107. DO(.' 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES MINUTES OF THE PRIOR LAKE CITY COUNCIL Date: October 7, 1996 1. CALL TO ORDER: The meeting was called to order at 7:35 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, and Schenck, City Manager Boyles, City Attorney Pace, Assistant City Manager Tremere, Planning Director Rye, Planning Coordinator Kansier, Parks and Recreation Director Hokeness, Engineer Lani Leichty, and Recording Secretary Koch. Councilmember Greenfield was absent. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE SEPTEMBER 16, 1996 MINUTES AS PRESENTED TO THE CITY COUNCIL. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 4. CONSENT AGENDA: · City Manager Boyles recommended that the matters considered at the Public Hearing earlier in the evening be placed on the Consent Agenda. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADD R~s 96-103, RESOLUTION 96-103, APPROVING DEVELOPMENT DISTRICTS 1 AND 96-104 2 MODIFICATION PURSUANT TO MINNESOTA STATUTES CHAPTER 469 AND RESOLUTION 96-104 APPROVING TAX INCREMENT FINANCING DISTRICTS 1-1, 1-2, AND 2-4 MODIFICATION AND THE USE OF TAX INCREMENT FINANCING TO THE CONSENT AGENDA AS ITEM G. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Building Inspection Report. 16200 F~.~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4~[7-4245 AN EQUAL OPPORTUNITY EMPLOYER 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES C. Consider Approval of Amendment to Ordinance 96-17 Junk Yard-Junk Car Ordinance by the Addition of Section 10 Providing for Penalties. D. Consider Approval of Cigarette License for Kevin and Jennifer King d.b.a. Gateway Liquor. E. Consider Approval of Agreement for Joint Assessment between the City of Prior Lake and the County of Scott. F.Consider Approval of Change Order No. 3 for Maintenance Building. G. Consider Approval of Resolution 96-103 Approving Development Districts 1 and 2 Modification Pursuant to Minnesota Statutes Chapter 469 and Resolution 96-104 Approving Tax Increment Financing Districts 1-1, 1-2, and 2-4 Modification and the use of Tax Increment Financing. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA ITEMS A THROUGH G. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. Donation of $25, O00 from the Shakopee Mdewakanton Dakota Community I)ollAIIOI~ to the Prior Lake Fire Department. · City Manager Boyles introduced Fire Chief Dave Chromy, who discussed the donation from the Shakopee Mdewakanton Dakota Community. Glenn Crooks, Vice Chair of the Shakopee Mdewankaton Dakota Community Tribal Council made a presentation to the Prior Lake Fire Department of a check in the amount of $25,000 for CaimsIRIS equipment. · Mayor Andren accepted the donation on behalf of the Prior Lake Fire Department and the City of Prior Lake. She thanked Glenn Crooks and the Shakopee Mdewakanton Dakota Community on behalf of the City of Prior Lake and the Prior Lake Fire Department. B. Report from Lake Advisory Committee on Future Charge including a I~AIEIlS~n recommendation on the Agreement with the Prior Lake/Spring Lake AGRE~ Watershed District. · City Manager Boyles introduced this item. He referred to the recommendation of the City Council that the Lake Advisory Committee review and discuss the proposed Agreement between the Prior Lake/Spring Lake Watershed District. · Jody Stroh, Chair of the Lake Advisory Committee, spoke on changing the name of the agreement to "Agreement" instead of "Joint Powers". She also discussed the future of the LAC. She said the LAC has three possibilities: approve new work items, remain as an ad hoc committee, or decommission the committee. There are several options that the LAC could decide on for M 100796.DOC 2 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES work items. The surface water ordinance should be reviewed to see if changes need to be made. Lake use and watercraft trends, noise problems, use of non-vacated public non-DNR accesses (status), and reviewing ordinances goveming natural and environmental lakes are a few items that could be worked on. She said the Lake Advisory Committee would like to be a part of the facilitation of the "Prior Lake as a Park" concept. Water quality is another issue, and she mentioned retro-fitting catch and sump basins. Councilmember Kedrowski questioned the Lake Advisory's interaction with the Watershed. Stroh said that one of the Committee members was on the Watershed Board. · Mayor Andren said there were the issues of the role of the LAC's existence and also the Watershed Agreement. She briefly discussed the importance of the Lake Advisory Committee's role, emphasizing the value of their recommendations to the City Council. She felt their viewpoint was especially important, as they are residents of the community but not politicians. She supported their continued existence. · Mayor Andren said the Watershed was invaluable, and in the agreement with the Lake Advisory/Watershed there should be these changes: "Joint Powers" should be replaced by "Cooperative"; on page 2, "control" should be replaced by "manage"; on page 1, letter "D" the sentence should read "since 1995 the City's Lake Advisory Committee has...". · Councilmember Mader expressed that he was in favor of the Lake Advisory Committee continuing. · Engineer Lanol Leichty said on page 2, under number 4, a budget was adopted by the Watershed, and a specific sum amount may not be appropriate to the agreement. He said to strike the "sum of" and the two blanks. MOTION BY MADER SECOND BY KEDROWSKI TO ADOPT THE WORK ITEMS AS PROPOSED AND RETAIN LAKE ADVISORY COMMITTEE. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE COOPERATIVE AGREEMENT OF THE PRIOR LAKE/SPRING LAKE WATERSHED DISTRICT WITH THE CHANGES MENTIONED. M1 O0796.DOC 3 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 6. PUBLIC HEARINGS: A. There are no public hearings. 7. OLD BUSINESS: A. Consider Approval of Ordinance 96-20 Relating to Massage Therapy. ORB 96-20 · City Manager Boyles reviewed the item, and explained the Ordinance had been modified as per Council direction, and is brought forward for approval. MOTION BY KEDROWSKI SECOND BY SCItENCK TO ADOPT ORDINANCE 96-20 RELATING TO THE PRACTICE OF MASSAGE THERAPY. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 96-98 Approving the Preliminary Plat for R~$ 96-98 Maple Hills 2nd Addition. · The petitioner had requested that the consideration of this item be deferred until the December meeting. City Attorney Pace reported that the petitioner's letter appeared to indicate the petitioner was waiving the 120 day time period for approval/ denial and asked Planning Coordinator Kansier to confirm the City's interpretation of the petitioner's October 4, 1996 correspondence to the City. MOTION BY KEDROWSKI SECOND BY SCHENCK TO DEFER ~OB HILL THE ITEM UNTIL NEXT PHASE OF KNOB HILL DEVELOPMENT IS REVIEWED BY THE PLANNING DEPARTMENT AND PRESENTED TO THE COUNCIL. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Resolution 96-101 Denying an Appeal by Don and 96-101 Mary Kemper at 15097 Manitou Road of Decision of Planning Commission to Deny Variance. · Planning Coordinator Kansier discussed the denial of variance. She said that while their addition meets the requirements for zoning, the Kemper's proposed deck is seven feet from the lot line, and does not meet the MI00796.DOC 4 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES required ten feet from the lot line distance. She said when the Planning Commission reviewed the item, they determined that the variance did not meet the hardship requirement. The hardship was a result of design decisions made by the applicant, and not a result of the ordinance. Mayor Andren recognized Mary Lou Kemper of 15097 Manitou Road. She stated that an exit into the new addition would require entering through the bedroom or a bathroom. They would like to extend the deck over the existing steps. Mayor Andren asked Planning Director Rye about the Planning Commission comments. Planning Director Rye explained that the access was for a "mother-in-law" apartment. · Mayor Andren said that there is inequity in the ordinance, because there are lots that are 40 or 50 feet wide with large houses with a virtual automatic 5 feet variance. She said this was a very large lot where the owner was requesting a seven foot setback. She said it would be inequitable to say this large lot could not support this deck. She said the Planning Commission should research the ordinances to ensure their equity. She supported the request for variance. · Councilmember Mader said he would not support the request for variance, because of the ordinance. · Councilmember Schenck asked about averaging provisions. Planning Director Rye said this ordinance did not contain that provision. Councilmember Schenck said he went out and looked at the property, and he agreed with Mayor Andren. · Councilmember Kedrowski said the City should look at averaging provisions as a tool, so that people aren't penalized for trying to make the best use of the property. · Mayor Andren said the accessory use of a mother-in-law apartment is a permitted use in an R-1 district. MOTION BY ANDREN SECOND BY SCHENCK TO APPROVE romPER THE VARIANCE FOR DON AND MARY KEMPER BASED ON VAR_h~CE THE FACT THAT IT DOES NOT HAVE A NEGATIVE IMPACT ON THE SURROUNDING AREA OR COMMUNITY. Mayor Andren withdrew the motion, Councilmember Schenck withdrew the second. M 100796.DOC 5 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES MOTION BY ANDREN SECOND BY SCHENCK THAT THE Pc niP, Et:a: PLANNING STAFF PREPARE A RESOLUTION WITH FINDINGS OF FACT PROVIDING FOR APPROVAL OF VARIANCE. Upon a vote, ayes Andren, Kedrowski, and Schenck, nay Mader, the motion carried. MOTION BY ANDREN SECOND BY KEDROWSKI TO INSTRUCT PC DIRECT PLANNING COMMISSION TO REVIEW ORDINANCES AND RECOMMEND REVISION SO THAT THEY MEET THE SPIRIT AND INTENT FOR WHICH THEY ARE DESIGNED. Planning Director Rye said there was already something similar to that in the form of a directive and that the revision was to be incorporated in the zoning ordinance. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. D. Consider Approval of Modification of Development Agreement for Wilds ~nos sv. col~ Second Addition. DVLP AGT · City Manager Boyles introduced this item. He explained the development and the addendum is in the interest of Public Safety. · Councilmember Mader asked Assistant City Engineer Wingard if the road went from Wood Duck Trail to County Road 82. Wingard explained the project location was an extension of the Wilds Parkway. Councilmember Mader questioned the report in reference to MSA working through the City, where it states the cost would be passed to the developer. He questioned the second page on approval of the addendum and the letter of Credit. Wingard said the letter of credit was sufficient to cover the work contemplated under the addendum. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MODIFICATION OF THE DEVELOPER'S AGREEMENT FOR THE WILDS SECOND ADDITION. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. E. Consider Appeal of G & R Enterprises from a decision of the Zoning Officer Relating to Docks. · City Manager Boyles introduced the item, which discussed the use of docks under zoning ordinance R-1, which would preclude the dock rental. MI~7~.DOC 6 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES · Mayor Andren recognized Bryce Huemoeller of Huemoeller and Bates. He said the parcel involved in the appeal was too small to build on, and the owner had leased four undivided 20-25% interests in the property. These short-term seasonal leases were for lot seven. Four people extended two docks for lake access purposes. Each of the multiple owners has the riparian rights to extend lot and use dock. He said the use by the owner would be an R-1 use under the Prior Lake Zoning Ordinance. Leasing the lot with its accompanying property rights does not constitute a common beach. · Planning Director Rye disagreed. He said that he would agree with Mr. Huemoeller if there was no common lot provision in the zoning ordinance. Were it not for that provision, this may not have come up. MOTION BY ANDREN SECOND BY MADER TO UPHOLD THE DECISION OF THE PLANNING COMMISSION RELATING TO G & R ENTERPRISES AND THE USE OF DOCKS IN THE R-1 DISTRICT. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Request by Evergreen Land Services and MSA Consulting for Additional Fees for Services Rendered for the Northwood Road Project. · City Manager Boyles introduced the item. The letters in the Agenda Reports outline the reasons for their request, including widening the scope of the project. The number of parcels went from 12 to 19. The work was substantially greater than originally contemplated. The staff recommendation is that some additional compensation be authorized. He said the Northwood Road project was initiated by staff which is no longer here. He doesn't know why the number of parcels went up. There are funds in the contingency account of the project for this. · Councilmember Kedrowski concurred with the City Manager that the item should have been brought to the Council sooner, but the work was done and the firms should be compensated. · Councilmember Schenck agreed that changes in work orders should have come before the Council. The companies are reputable and should be compensated. M 100796. DOC 7 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES Councilmember Mader said the understanding was that there was no agreement between the staff and the vendors to do the additional work. Evergreen estimated $3-5,000 for 12 parcels. He said the most he could rationalize was 18 parcels versus i2. He felt the amount of the increase was unjustified. The Dunn parcel was a big increase in work. He said he could not endorse business based on one estimate. · Mayor Andren said that it was unfortunate that the work was unauthorized by the City Council, but the work has been done. If they had come to the Council, the work would have been authorized. She does not think a business should be punished because of lack of communications from City staff. A service was provided and needs to be paid for. She said the amounts were to be determined. She will assume that there is a mechanism in place to ensure this does not happen again. She asked City Manager Boyles what he felt was a fair amount. · City Manager Boyles said $9,000 would be the amount if done on a $500 per parcel basis. It would be an additional $3,000. For MSA, if a similar formula were used, it would yield $4,000 more than originally planned. · The Mayor recognized Frank Kriz of MSA. He said Evergreen had to spend time on the Dunn parcel and Scott County. He sent bids to acquisition companies. He said Evergreen works well with people, and everyone was treated fairly. · The Mayor noted there was no Evergreen Services representative present · City Manager Boyles clarified that the formula for the compensation was basic math and did not take into consideration that one parcel was more difficult than the other. · Mayor Andren said the additional work would most probably have been approved, and these businesses should not be punished. · Councilmember Mader said that the Council should not tell the contractors that they have no responsibility. He felt MSA did inform the City of the additional cost. He felt Evergreen should be modified on the ratio of 19/12. MOTION BY KEDROWSKI SECOND BY MADER TO ~,SA com, mq AUTHORIZE PAYMENT OF THE ADDITIONAL COMPENSATION TO MSA AS REQUESTED. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. MI00796.DOC 8 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES MOTION BY KEDROWSKI SECOND BY SCHENCK TO TABLE EVERGREEN REQUEST UNTIL NEXT MEETING. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 96-100 Continuing City Participation in the Livable Communities Program. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 96-100 CONTINUING CITY PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 9. OTHER BUSINESS: A. Adjourn to Executive Session to Discuss Labor Negotiations Strategy. · The Council adjourned to Executive Session at 10:05 p.m. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT (~ · ~~ty '~~cil meeting was adjourned at 10:53 p.m. Citl ~a~? i~ M100796.DOC 9