HomeMy WebLinkAbout05 02 2022 City Council Minutes
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4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL MEETING MINUTES
May 2, 2022
CALL TO ORDER
Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Thompson, Burkart,
Braid and Churchill. Absent: None. Also in attendance was City Manager Wedel, City Attorney
Kendall, Public Works Director/City Engineer Brotzler, Community Development Director McCabe,
Assistant City Engineer Monserud, and HR/Admin Specialist Schroeder.
PUBLIC FORUM
Stan Kempten, Rustic Road: Stated his appreciation of public servants. Commented that
agenda item 5F for the dock slip placement request for Waters Edge Marina should be considered
for further discussion. Noted this area has had controversy in the past that he felt was done in a
roundabout way. Added more notice to the neighbors should be given. Stated his concerns re-
garding the changes to the docks.
Briggs: Asked for City Manager Wedel to address concerns.
Wedel: Noted if the item would be removed it would go to agenda item 10A. Requested Community
Development Director McCabe to provide more information.
McCabe: Explained this request is to extend the dock 50’ due to low water, there are no angle
adjustments, there will be the same amount of dock slips and it is a temporary permit for 2022.
Added the dock adjustment will not affect the townhomes docks which may also be affected by the
low water and request an adjustment. Explained this parcel used to be landlocked back in 1964
when the area was dry, and this piece of property is owned by the owners of Waters Edge Marina.
This would only be effective one year.
Briggs: Noted this was an item of discussion at the homeowner’s association meeting he attended.
Share the number of existing docks that sit in front of the lake.
McCabe: Explained there are 15-20 homeowner’s associations on the lake and the city has been
contacted by a handful to move docks for the 2022 season. Added the city does work with the DNR
and owners to resolve any issues on tight bays.
Braid: Request McCabe to explain the process with the DNR for this request. Inquired if other
homeowner’s association needed to make a request of similar nature if they could utilize this same
process.
McCabe: Answered these requests used to go through the DNR and this changed over to city staff
years back; city staff used to administer these directly but felt this should be decided by council.
Noted if associations need to extend their docks they must work with the owners of the land. Added
if it is not possible to work with the landowner, the dock owner can contact the city to help them find
a solution with the DNR.
Burkart: Asked when staff provides notice to other neighbors or not.
McCabe: Responded that in previous requests the property owners were notified by the applicant.
Added after the request is approved, city staff notifies adjacent property owners as to why docks
are being set different. Explained the city follows rules regarding required notifications to required
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parties and there are different notice requirements for different types of items. Concluded this is not
a public hearing item and therefore public notice to surrounding neighbors is not required before a
decision is made.
Wedel: Noted that the previous request from Island View had conditions in the initial DNR ap-
proval outlining that if the water elevation fell below a specified threshold, they would automati-
cally get approval for the extension to have water deep enough to navigate their watercraft.
Thompson: Stated this permit is for one year only. Noted this was discussed in a workshop be-
fore it appeared on an agenda. Added there are no slip additions, and the placement change
does not appear to be obstructive to others.
APPROVAL OF AGENDA
MOTION BY BURKART, SECOND BY THOMPSON, TO APPROVE THE AGENDA AS PRE-
SENTED
VOTE Briggs Thompson Burkart Braid Churchill
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
The motion carried.
APPROVAL OF CITY COUNCIL MEETING MINUTES
4A. APPROVE THE APRIL 18, 2022, CITY COUNCIL MINUTES
MOTION BY BRAID, SECOND BY CHURCHILL, TO APPROVE THE APRIL 18, 2022, CITY
COUNCIL MEETING MINUTES AS PRESENTED
VOTE Briggs Thompson Burkart Braid Churchill
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
The motion carried.
CONSENT AGENDA
A. Approval of Claims Listing
B. Approval of 1st Quarter Investment Report
C. Approval of March Treasurer's Report
D. Approval of Resolution 22-061 for 2023-2027 MNDOT Master Partnership Contract
E. Approval of Resolution 22-062 for CSAH 21 and Revere Way Intersection Improvements -
Right-of-Way Coordination
F. Approval of a Request from Waters Edge Marina Related to Dock Slip Placement
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MOTION BY BURKART SECOND BY CHURCHILL, TO APPROVE THE CONSENT AGENDA
AS PRESENTED
VOTE Briggs Thompson Burkart Braid Churchill
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
The motion carried.
PRESENTATIONS
6A. Proclaim May 8-14, 2022 as Youth Appreciation Week in Prior Lake
City Manager Wedel introduced this item for the City Council.
Briggs: Read the proclamation.
Cathy Dawson, Prior Lake-Savage Optimist Club: Noted their moto is Friends of Youth. Added
they are giving $30k to the 2022 Prior Lake-Savage High School Seniors. Explained some of the
programs the Optimist Club conducts and highlighted that the Junior Optimist Club was nationally
nominated this year as the Junior Club of the Year.
THOMPSON CALLED A RECESS AT 7:24 P.M.
BRIGGS RECONVENED THE MEETING AT 7:26 P.M.
6B. Proclaim May 15-21, 2022 as Public Works Week in Prior Lake
Briggs: Read the proclamation and thanked Public Works Director/City Engineer Brotzler.
Brotzler: Received this gratitude on behalf of the department. Stated this year’s National Public
Works Week motto is Ready and Resilient and noted our public works team is just that. Stated in
the last year they maintained 118 miles of city streets, dealt with 40 inches of snow, completed
20 plow events, conducted 2,700 hours of plow operations, disbursed 1,000 tons of salt, main-
tained 58 parks, 141 miles of sewer, 41 lift stations, 145 miles of watermain, 7 wells, and 9 im-
promptu digs known as watermain breaks. Stated the team could not do this without the council,
community and administration support. Thanked everyone for their support.
PUBLIC HEARINGS
7A. No Public Hearings Scheduled.
OLD BUSINESS
8A. No Old Business.
NEW BUSINESS
9A. Approval of an Ordinance Amending the Zoning Map to Designate a Planned Unit De-
velopment Overlay District for Prior Lake Luxury Apartments at 4662, 4664, and 4666 Da-
kota Street SE and a Resolution for Publication.
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Community Development Director McCabe presented the agenda item to council.
Burkart: Inquiring about the people moving in and out of the complex in regard to delivery vehicles.
Seamless delivery and moving vehicles going in and out of the complex is important. A U-Haul truck
will not fit through a tunnel. Would like to see the developer give up a few units to expand the tunnel
to accommodate these moving/delivery vehicles as well as spots in the courtyard parking during
business areas. Glad to hear staff is looking for solutions on Dakota for parking.
Bill Beard, Principal with Beard Group: Responded that having large trucks enter the courtyard
parking lot is not a good idea because the entry and parking lot is not designed to carry transports
and trucks as there is no option to turn around. Noted they will work to refine the delivery process.
Added they have a move in process in place for when the complex first opens to ensure the tenants
move in traffic flow is not congested. In regard to delivery trucks (Amazon, UPS etc.) there is a
designated room for package delivery with automated tenant notification. Restaurant deliveries
would be scheduled, that process would be defined upon tenancy.
Burkart: Noted that he would prefer that process to be more seamlessly defined. Inquired if there
was a sidewalk through the tunnel or if it was just the street.
Bill Beard: The walkway would be concrete with asphalt, and they can stripe it to show that it is a
walkway.
Burkart: Regarding TIFF, hesitant to provide TIFF to the builder as a market rate project. Appro-
priate profit margins need to be built in and let the free market decide not the public subsidies. Is
TIFF is required for the project and if so, how much and what is the reason. Is the TIFF you are
looking for just related to those two homes coming down.
Briggs: Asked McCabe to answer Burkhart’s question and asked when the time for this conversa-
tion will be addressed as all the issues are exclusively PUD related.
McCabe: Stated there are several steps in this process that remain; platting process, EDA public
hearing and proposal to sell the land, if moving forward a redevelopment tax increment financial
application would be submitted. Northland Securities evaluates all Financial reviews finances and
determines the funding gap that is necessary.
Briggs: Asked to confirm that there would be potentially two public hearings to follow.
McCabe: Confirmed that there would be two public hearings; the first would be held by the EDA for
land sale and the second would be held by council for tax increment financing.
Churchill: Noted she is on the Planning Commission and was at the meeting when the public hear-
ing was held. Noted she is also on the SCALE Housing Sub Committee, and this feathers well with
them and the comprehensive plan for the city and the county. We need more multi-family housing
to meet the needs of our growing community. Stated what people need to understand is if this
project was 2’ shorter and closer to Gateway Park there would be no public hearings and they could
build it anyway they wanted. Therefore, we are lucky we have a chance to get some community
input. Added the parking issue is a concern but McCabe has worked to get more parking than
currently at the Gateway building and the tenants of Lakefront Plaza doesn’t seem to have any
issues with people on the street. Stated it is hard to make changes and see things develop in ways
that are unexpected; this is what the 2040 plan intends for the town center area. The Lakefront
Plaza was one house and park land before it was built, Little Prior was built on park land to benefit
Lakefront Plaza because they needed a storm drain. It was a very large change, but it has been
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05 02 2022 City Council Meeting Minutes
fabulous for the community. It invigorates our community and using amenities on main street, busi-
nesses and restaurants will be revitalized.
Thompson: Inquired about the parking entrance- is 24’ wide and does that allow for 2-way traffic?
McCabe: Correct.
Thompson: Clarifying that what is being voted on tonight is the approval of amending of the zoning
map for a PUD.
McCabe: Responded the vote would approve an overlay, establishing a PUD and preliminary ap-
proval of a plan. There will be additional steps and adjustments that take place before a final plan
is presented.
Thompson: Added that it is an attractive building, fits into the neighborhood and outside restaurant
sits right outside of the police station.
Braid: Asked McCabe how long has this area been zoned.
McCabe: The name of the zone in the town center has changed over the years. The types of uses
permitted downtown have always included apartment buildings and restaurants. Is not aware of the
exact year of when the sites downtown were zoned. Guessing it was around the same time Lake-
front Plaza was built or before City Hall was built which would be 2003-2006ish.
Braid: Thanked McCabe for getting it straight on what is being approved tonight and how this pro-
cess will move forward. Understands the concerns and these decisions are not taken lightly. Noted
this is the intended use for this area. Traffic is always a concern, but it has been studied by Bolten
and Menk as well as County engineers and the roadways can handle this additional traffic. Noted
he has seen other concepts, and this is hands down the best-looking option he has seen for market
rate apartments. The two parcels were dramatically affected when Lakefront Plaza was built as well
as City Hall as they sit between two buildings that are 50’ or more in height. The project fits in with
the look and feel of the current surroundings. Public transportation will also be a demand that rises
from this project which is beneficial. The restaurant is a great addition as well as there is a large
demand for new restaurants in the city. Still to work through the drop off areas, maybe a road or
street cutout that pulls the traffic off the street for individuals can move in and out at ease. Parking
was thought out and a good plan.
Burkart: Thanked those in attendance and those at home, many great ideas came forward for this
item and item 9B. Citizens have been eyes wide open on what will be built in these spaces so these
projects should not come as a surprise. Experience has shown there is a disconnect on what the
public thinks the council can do and cannot do. We can’t prevent someone from building on their
property only the framework on what they can do. Landowners’ rights are important, and we can’t
put a moratorium on growth; appropriately cannot arbitrarily deny building opportunities. This pro-
posal is classic, premium market rate rentals and we don’t have that type of product right now in
this community, which is important. This project is as good as it gets. If we say no then any project
that would take its place would affect the relationship with future developers, as we would have said
no to class A market rate rentals which would be impactful. Also, a builder could build tomorrow
without going through the public process if they didn’t need to ask for any variance requests. Feels
there is a disconnect with where the public feels that somehow growth is profitable to the city, which
it is not. Growth may cover costs in the short term but in the long term we all pay for it. Growth is
not an option, as landowners are able to develop their own land. Many citizens would likely say that
Grain wood and Lakefront Plaza must go as they are too big. These projects did not destroy the
overall small town feel nor would this project. As long as we don’t approve high rises apartments,
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we will continue to have a small-town feel. There are many other downtown lots that may be devel-
oped in the future for similar projects. Community is facing a chronic shortage of housing.
Briggs: Asked McCabe to pull up the slide of Parkview for comparison for parking and traffic. Di-
rectly for the Lakefront Plaza tenants, this slide did not exist two weeks ago. This slide would not
have been there if not for your feedback. Discussed the ample parking options. Regarding traffic,
all the delivery trucks will be scheduled. Noted that there are many more steps to come in this
project.
MOTION BY BRAID SECOND BY CHURCHILL, TO APPROVE ORDINANCE 122-02 AMEND-
ING THE ZONING MAP TO DESIGNATE A PLANNED UNIT DEVELOPMENT OVERLAY DIS-
TRICT FOR PRIOR LAKE LUXURY APARTMENTS AT 4662, 4664, AND 4666 DAKOTA
STREET SE AND A RESOLUTION 22-063 FOR PUBLICATION
VOTE Briggs Thompson Burkart Braid Churchill
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
The motion carried.
9B. B. Approval of a Resolution for a Major Amendment to the Planned Unit Development
(PUD) Plan and Final Plat for The Preserve at Jeffers Pond on Outlot B, Jeffers Pond 1st
Addition.
Community Development Director McCabe presented the agenda item to council.
Churchill: Noted she is the Planning Commission liaison; the commission spent a significant
amount of time listening to the residents and speaking with the developer on how they can meet
their needs and thinking about future resident’s needs. Noted these fits well for long term planning
with the city and county for multi-family development. It is unfortunate that former councils didn’t
have the foresight to stick with the original plan from 2005 now forcing us to push commercial plans
into small areas. This is very nice and very upscale for an apartment complex; thinks this is way
better than a McDonalds or a Taco Bell going into that location which is the other option- commercial
or multi-family. We need multi-family housing uses as there is a tight rental market. There are many
people who would like to live in Prior Lake, but they are unable to find housing.
Braid: Asked if this area was ever slated for a natural preserve or anything along those lines.
McCabe: Responded there is a small wetland in front of the pond as well as a pond. Jeffers Pond
itself is a reserve but the rest of the property was always intended for commercial development.
Braid: Noted that a police radar sign on Jeffers Parkway might be necessary. Council has noticed
the neighbors have been correct with the speeding traffic in that area. The traffic component gives
anxiety, but the new plan is significantly less disruption than the original plan. You are looking at a
42% reduction in traffic in that area than what was originally planned. Understand the concerns and
the changes that previous councils approved are not something he would be in favor of except the
gas station. This class A apartment is the best he has seen hands down. There is some disruption,
but a lot of these tenants will be working professionals, retirees and should fit into the Jeffers area.
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Burkart: The feedback from the neighbors in the area is significant and staff has been receptive
and responsive to that feedback. Previous comments are similar to this project. The proposals that
I’ve seen for this area is a good option, it is better than other options. Comfortable saying yes to
this for our community.
Thompson: Asked about the 63 remaining units; if this is built, who’s requirement is it for the re-
maining 63 units.
McCabe: That is a requirement of the City of Prior Lake. The ordinance has a minimum number of
units that would likely go on the west half of outlot C. Once of the concepts is one building on
Fountain hills leaving the 42-frontage vacant for future commercial. The city needs to ensure the
63 units get built at some point in the future.
Thompson: Questioned that this is a need and these units have to go in this development and can’t
go somewhere else.
McCabe: Responded correct we would not meet minimum density for the overall planned unit de-
velopment project otherwise.
Braid: Asked for confirmation that the requirement is Metropolitan Council driven.
McCabe: Yes, the Metropolitan Council establishes minimum densities for different community
designations. The city has to adopt all of our subdivision ordinances and zoning ordinances regu-
lations in conformance with those.
Briggs: Apologizing to the neighbors of Jeffers Pond for the plans that were initially proposed com-
pared to where we are today. Questioning in terms of trips-19389 was proposed and right now at
about 8525. When looking at traffic numbers, from what you know from 2015 carrying us through
COVID (increase in target, shipt, Instacart etc) can you add a few more trips onto this number?
Chuck Rickard, Transportation Engineering consultant WSB: Responded that is a good ques-
tion and we found trip generation rates that we use for single family and multifamily are based on
so many trips in a day (in’s and out’s). Rule of thumb, single family is average 10 trips per day.
When you aren’t going to the restaurant or to the grocery store, it develops a wash for those deliv-
eries. More studies are being done but overall traffic counts on roadways are down from pre-COVID.
Briggs: When a UPS truck comes dropping off 20 packages to this building going to a single deliv-
ery room is maybe removing 15 car trips off the apartment building as people did not have to leave
to shop for that item.
Chuck Rickard: Responded that is correct.
Thompson: Inquired about rules about certain items being placed on the balcony.
Ian Peterson, Developer: Responded there are rules and regulations for items on the balcony.
MOTION BY BURKART SECOND BY BRAID, TO APPROVE RESOLUTION 22-064 FOR A MA-
JOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (PUD) PLAN AND FINAL PLAT
FOR THE PRESERVE AT JEFFERS POND ON OUTLOT B, JEFFERS POND 1ST ADDITION
VOTE Briggs Thompson Burkart Braid Churchill
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
The motion carried.
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REMOVED CONSENT AGENDA ITEMS
No items were removed.
COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS
Churchill: 4/21 Live Learn Earn steering committee, 4/25 Planning commission, 4/27 Live Learn
Earn housing subcommittee, 4/29 agenda review, 5/2 mobility management advisory board
Braid: Took numerous calls on proposed developments, took calls on road construction down-
town, attended agenda review
Burkart: 4/27 attended MVTA board meeting, 4/29 agenda review
Thompson: 4/25 attended the Planning Commission meeting, 4/29 agenda review
Briggs: 4/29 agenda review, 5/1 Ice Out Celebration at Charlie’s on Prior
Wedel: 5/19 special kids event- Somethin’ ‘Bout a Truck at the maintenance center
OTHER BUSINESS
ADJOURNMENT
MOTION BY THOMPSON, SECOND BY CHURCHILL, TO ADJOURN THE MEETING AT 9:10
P.M.
VOTE Briggs Thompson Burkart Braid Churchill
Aye ☒ ☒ ☒ ☒ ☒
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
The motion carried.
Respectfully Submitted,
_____________________________
Jason Wedel, City Manager