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HomeMy WebLinkAboutAgenda & Minutes 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA September 5, 2006 6:00 p.m. Fire Station No.1 EDA Meeting 5:00 p.m. This meeting is open to the public. 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 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 govemmental 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 AUGUST 21, 2006, MEETING MINUTES 5. 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 Change Order #4 for the Police Station - City Hall Building Project. C. Consider Approval of a Resolution Approving an Encroachment Agreement for the Subdivision Sign Located on City-owned Property at Belmont Estates. D. Consider Approval of a Resolution Approving the Final PUD Plan and Contract for Development of Land as a Planned Unit Development for Northwood Meadows. E. Consider Approval of a Resolution Approving the Final Plat and Development Contract for the Coves of Northwood Meadows. F. Consider Approval of a Resolution Approving the Final Plat and Development Contract for the Villas of Northwood Meadows. G. Consider Approval of a Resolution Approving the Final Plat and Development Contract for the Bluffs of Northwood Meadows. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 H. Consider Approval Of a Resolution Authorizing the Mayor and City Manager to Enter Into a Modified Version of the City's Standard Purchase Agreement for the Sale of 16675 Franklin Trail in Connection With the Development of a Two-Story Office/Retail Building by Village Commerce Building, LLC. I. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into an Agreement with ISD 719 for a School Resource Officer. 6. ITEMS REMOVED FROM CONSENT AGENDA 7. PRESENTATIONS A. Concept Plan - Monnen's Property. B. Consider Approval of a Report from the Tree Preservation Task Force. C. Resolution Affirming Activity-friendly Commitments - Steve Kramer. 8. PUBLIC HEARINGS A. Continuance of Public Hearing to Consider the Proposal to Adopt a Street Reconstruction Plan and Issue General Obligation Street Reconstruction Bonds. B. Town Meeting - Fire Safety and Service Referendum. 9. OLD BUSINESS A. Consider Approval of a Resolution Approving a Master Development Plan for Heritage Farmstead. B. Consider Approval of a Report Outlining Questions and Answers Regarding Northwoods League and Recommending a Second Town Meeting. 10. NEW BUSINESS A. Consider Approval of a Resolution Adopting Proposed 2007 City Budgets and Certifying Preliminary 2007 City of Prior Lake Property Tax Levy to Scott County Department of Taxation and Determining Whether the City Should Conduct a Truth in Taxation Hearing. B. Consider Approval of a Resolution Terminating the Contract for Wells No.8 and 9 and Advertise for Bid for Well NO.9. C. Consider Approval of a Resolution Ordering the Preparation of a Feasibility Report for Reconstruction of County Road 21 and the Reconstruction of County Road 12fTrunk Highway 13 Intersection. D. Consider Approval of a Resolution Amending the City's 2007-2011 Capital Improvement Program with Respect to Heritage Farmstead, PAR Task Force and Welcome Avenue. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Community Events. 13. ADJOURNMENT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 City Council Meeting Minutes August 21,2006 Draft REGULAR COUNCIL MEETING MINUTES CALL TO ORDER: Present were Mayor Haugen, Councilmembers Erickson, LeMair and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Planning Director Kansier, Planner Matzke, Finance Director Teschner, Assistant to the City Manager Meyer, Communications Coordinator Peterson and Administrative Assistant Green. Councilmember Dornbush was absent. 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. Speakers receive a maximum of ten minutes; less if there are more than three speakers. 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. Boyles: Reviewed the concept of the Public Forum. Comments: Jeff Evens, 5443 Fairlawn Shores Trail, indicated he had not received a response to his previous query about charges for the 2005 street reconstruction project. Albrecht: Replied that city staff had responded to Evens by e-mail last week and Evens submitted additional questions at that time. Engineer Tech Kleist will be the primary responder and the response will be made to the City Council with a copy to Evens. Kleist has been on vacation for the past two weeks. APPROVAL OF AGENDA: Mayor Haugen requested the removal of agenda item 9B, consider approval of a resolution authorizing the Mayor and City Manager to enter into a letter of intent to enter into a lease agreement with the Northwoods League and Joel Kramer to allow additional time for public input. City Manager Boyles requested item 5F, consider approval of a resolution authorizing the Mayor and City Manager to enter into a modified version of the City's Standard Purchase Agreement for the sale of 16675 Franklin Trail in connec- tion with the development of a two-story office/retail building by Village Commerce Building, LLC., since two members of the Council will be recused and another member is absent which results in a lack of a quorum for voting. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE AGENDA WITH ITEMS 5F AND 9B REMOVED FROM THE AGENDA. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES: MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE THE AUGUST 7, 2006, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. CONSENT AGENDA: City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Reports. www.cityofpriorlake.com 1 Phone 952.447.4230 / Fax 952.447.4245 City Council Meeting Minutes August 21,2006 Draft D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. This item was removed from the agenda. G. Consider Approval of Resolution 06.146 Authorizing Staff to Purchase Standardized Equipment for the 2006 Lift Station Reconstruction Project. H. Consider Approval of Resolution 06.147 Authorizing a Special Deer Hunt Within the Corporate Limits ofthe City of Prior Lake. I. Consider Approval of Resolution 06.148 Supporting Minnesota's Transportation Amendment. J. Consider Approval of Resolution 06.149 Approving Plans and Specifications and Authorizing Advertisement for Bids for Audio Visual Equipment and Installation for the New City Council Chambers. K. Consider Approval of Resolution 06.150 Authorizing Final Payment to Coach Crafters for Third Laker Lines Bus. L. Consider Approval of Resolution 06.151 Supporting Scott County's Application for Local Road Improvement Program Funding for the County Road 12 and Trunk Highway 13 Intersection Project. M. Consider Approval of Resolution 06.152 Authorizing Safe and Sober Communities Funding for the Period Oc- tober 1, 2006, to September 30, 2007. N. Consider Approval of Resolution 06.144 Approving the Final PUD Plan for Hickory Shores. O. Consider Approval of Resolution 06.145 Approving the Final Plat and Development Contract for Hickory Shores. MOTION BY MILLAR, SECONDED BY LEMAIR TO APPROVE THE CONSENT AGENDA AS READ. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. PRESENTATION Prior Lake Volunteer Fire Department: Heroes Among Us. City Manager Boyles introduced and played the video, Heroes Among Us, depicting the Prior Lake Volunteer Fire De- partment members. PUBLIC HEARING: Town Meeting - Northwoods League. Mayor Haugen announced the format that would be used for the town meeting. City Manager Boyles related events leading up to this point and explained that the town meeting would both explain the proposal as well as solicit input from the public and provide an opportunity to answer questions. Mayor Haugen introduced potential franchisee, Joel Kramer, and provided a brief biography. Joel Kramer indicated that the team would be a family business. Explained that the league is a collegiate development baseball league and is a training opportunity for college students who aspire to the major leagues. Stated they would renovate the ball park with additional seating, party decks, upgraded concession and restrooms. If agreement is reached with Prior Lake, he would then apply for the franchise. He listed advantages for the community as additional summer jobs, players providing clinics and serving as role models for area youth and additional visitors to the city. Stated he is willing to minimize any negative impact to the neighborhood and to recognize contributions of the VFW to the park. Comments: LeMalr: Asked if Kramer or family would relocate to Prior Lake Kramer: Replied that his son would relocate here and serve as general manager. Erickson: Asked if VFW recognition could include outfield fence billboard. Kramer: Responded that he is open to any form of recognition. Also commented that the team would guarantee no loss of concession revenue to the local baseball programs. 2 City Council Meeting Minutes August 21,2006 Draft Tom Faxvog, VFW Commander, commented that the VFW voted two weeks ago on its position. Stated that although the VFW is opposed to the proposal because they were not included in early discussions, it intends to work with the proposal and not impede progress. Haugen: Stated that the focus of the earliest meeting was to include users and he apologized for failing to recognize the contributions of the VFW. Millar: Stated his regret that there was not more awareness of VFW contributions and clarified that the VFW will vote at their next meeting after the membership has received more information about the proposal. Mike Ferlancek, 4680 Hummingbird Trail, chairman of Park Advisory Committee, commented that the PAC voted to support the proposal stating that it meets PAR task force priorities of maximizing existing resources, provides summer job opportunities and helps to fund lighting at Ryan Fields. Don Engel, 5108 Memorial Trial, stated he represented neighbors near Memorial Park and distributed a memo to the Council that commented on issues of lack of a documented business plan and conceptual plan, whether projected reve- nue could actually be realized, possible decline of nearby property values or potential use of eminent domain to acquire nearby properties, increased traffic and noise, impact on usage of the picnic and playground areas, increased cost to the City for maintenance of the park and surrounding areas, concern about proposed concerts and non-baseball events, potential parking and parking lot problems in conjunction with use of school properties, and whether it is appropriate for a commercial enterprise to profit by using public property. Art Yeske, 5333 Bounty Street SE, commented that the Canterbury site for the baseball team is unlikely. Stated that drinking, smoking, littering would terminate school parking lot opportunity. Commented on players whose behavior might be undesirable. Believes the projected revenues might not be realized. Believes that building party decks en- courages people to drink to excess. Stated that the summer jobs created in the community would not offset the loss of income to professionals who have offices in the nearby areas and are trying to conduct business on evenings or week- ends. Larry Dux, 5281 Crossandra Avenue, spoke against the increased frequency of games occurring at Memorial Park. Believes there is a lot of negative feeling about the City Council's process for this proposal and that it is the sense of a lot of people is that it could be slowed down and treated with the diligence and respect that it needs. Jeff Evens, 5443 Fairlawn Shores Trail, asked about parking for families who might want to use the playground, picnic areas during a ball game. Stated he challenged the projected $2 million per year in revenue to be gained. Hopes younger teams will be allowed to play at Veterans Field in the future. Asked if alcohol is allowed in this city park. Be- lieves zoning should be reviewed and commented that if roads were improved to satisfy any increased needs for traffic the area residents would have to pay assessments. Sought clarification that this process was a public hearing rather than a town meeting. Pace: Affirmed this is not a public hearing. Jerry Maas, 7491165th Street, commented on his participation in the over-35 league and that the league will be happy to play on the Pond or Ryan fields. Believes the collegiate amateur team will be a successful venture and that they could be an attraction for surrounding residents to come to Prior Lake for. Bill Rudnicki, tribal administrator for SMSC, delivered a letter from Stanley Crooks, Tribal Chair, to the Mayor commit- ting $450,000 for lighting and various upgrades to Memorial Park. Read a paragraph that states that SMSC wishes to foster good relationships by making this donation. Haugen: Accepted the letter and commented on the city's relationship with SMSC and his appreciation of the donation. Clarified the funding from SMSC, PLAY and Kramer and how it would be applied at city parks. Jim Lusk, 1525 Woodduck Trail, commented that if the community focuses on negatives, it will miss an opportunity. Baseball games would be activity to do with children and the players are good role models. Lynette Dux: 5281 Crossandra Avenue, stated she doesn't want the parking or traffic and there are already incidents of accidents on 160lh and CR 21. Noted that nearby residents use the park as a neighborhood park. Believes Memo- rial Park is not the place for this baseball league. Kyle Haugen, president of PLABA, described PLABA and stated it runs the Mudcats, Mudbirds, American Legion team, and the 16-18 year-old age group. Stated he had concerns about scheduling but believes Pond and Ryan are good parks and that PLABA can work with the Northwood League to get all games scheduled. Noted that PLABA does not 3 City Council Meeting Minutes August 21, 2006 Draft have funds for the improvements and this proposal could improve Ryan Fields. Commented that Kramer has stated the local teams will not have revenue losses from concessions sales, and believes this would be affordable family enter- tainment. Believes this proposal will improve the baseball culture in Prior Lake and that the clinics would improve per- formance and encourage greater participation on local and high school teams. Joe Goracke, 5433 Crossandra Avenue, commented he is a member of the water treatment plant comrnittee and ob- served that the city can notice proposals correctly with mailings and meetings, and suggested that most people did not know this meeting was taking place. Believes the original meeting excluding VFW and the neighbors was intentional, and this proposal should not be on the fast track. Asked if there is a mission statement for city parks. Pace: Responded that there is not a mission statement for parks. Goracke: Believes the residential neighborhood is doing enough for the city by having the water treatment plant in the neighborhood. Stated that many of the neighbors do not like having the lights from the field turned on. Believes there is more space at Ryan Field or Lakefront Park to have this team. Asked the age of Kramer's son who would be the gen- eral manager. Kramer: 23. Goracke: Believes the age of 23 is too young to consider the well-being of the community and to be in charge of a business that affects the neighborhood. Randy Geister, administrative director of PLAY, commented that the PLAY executive board voted to approve moving forward with the Northwoods League to gain the clinics and the improvements to Ryan in order to expand the youth pro- grams. Noted that $250,000, which is targeted for Ryan Park, will be donated from PLAY over a five-year period. Darwin Busselman, 17756 Mushtown Road, stated he has been the high school coach for 38 years and wants the city to have the chance to work through this proposal. Noted that high school scheduling of baseball games would be com- patible since the end of the high school season would occur at the same time as the beginning of the collegiate amateur team. Believes this team would be good for baseball and the clinics would make the high school team better. Leona Johnson, 16047 Jordan Avenue, clarified advertising on the outfield fencing. Asked if SMSC will withdraw do- nated funds if this proposal doesn't go through. Believes a concept plan by engineer should be prepared. Is opposed to this proposal. Vicki Glassman, 16252 Franklin Circle, stated she wants peace and quiet in her neighborhood and not the noise of concerts or happy hours. Bob Schaefer, 15223 Bluedorn Circle, commented that people don't realize how far the noise effect could be. Stated he did not like the process of learning about the proposal, does not see the revenue opportunity, believes the League should not be asking for money from the City. Believes the location is bad and that traffic at the intersections of TH 13 and Franklin Trail and 160th Street will be bad. Asked if the school district will get anything for providing the parking. Stated that Prior Lake does not have to be an entertainment center and that other cities have a better infrastructure for entertainment venues. Bruce Hines, 16237 Franklin Circle, asked if Kramer did research on location. Believes access and parking are bad, and that Prior Lake is a destination place and not a drive-through place. Stated there are accidents on Franklin Trail all the time. Does not think alcohol was allowed in this park and if it were, it would make it not a family park. Believes there would be drinking outside of the park and other parking amenities would be displaced. Believes this is not a good money-making scheme. Laurie McBride, 5518 Lost Horizon Circle, encouraged the Council to do research, answer the questions that were asked tonight and to know what they are voting on. Tim Knutson, Cardinal Ridge area, stated this project is being shoved on people and the Council is not thinking about people who live next to the park. Kramer: Responded to public comments: 1) Joel Kramer would be CEO of the team and the accountable party, his son would be the general manager, 2) revenue from ticket sales is proposed that way because that amount of sales would be the return on his investment and when that amount is exceeded, money would be shared with the City, 3) alcohol is already sold at that park and the Northwoods League would sell beer, 4) ordinance limits concerts to four and the family would not hold any concerts unless approved by the City. Haugen: Clarified that park renovation would go beyond current fencing. 4 City Council Meeting Minutes August 21,2006 Draft Kramer: Replied there may be an intrusion into one or two parking spots and there is no intent to remove any trees or change the physical shape of the current park. Commented that in-park parking could be marked handicapped during the ball games and revert to regular usage at other times. LeMalr: Stated he would like to see preliminary plans of some sort and suggested Kramer bring in concept plans. Commented that for several years the City was criticized that it did not do anything to bring business to town so it was hard to hear that this was moving too fast. Feels this meeting is early in the process and that the Council is taking input and expressed concern about the VFW support noting the great relationship between City and VFW in the past. Stated he tries to weigh effects on neighbors vs. effect on kids in town and that unlit fields eliminate kid's play time. Believes this may be an opportunity to build a new tradition of bringing tournaments into town and to help local businesses such as restaurants and gas stations. Believes it would be nice to add something that would bring people here for a destina- tion. Asked if there would be day games. Kramer: Sometimes on weekends or to make up a rain game. Probably less than five day games and night games are usually over by 9:30 or 10 p.m. LeMair: Would like to see conceptual plans and work through discussions with the groups. Millar: Stated that from information so far, the pros seemed to outweigh the cons. Stated he has been trying to get dialogue going and has spoken with the VFW, private citizens and organizations and many favor this proposal. When a decision is made, he will try to make a decision that is good for the whole of the community. Stated that he does not want the process to appear as though it is being pushed through. Noted it was a good list of concerns brought forward by Ron Engel and thanked him for bringing the questions forward. Stated that the Council will have to consider if the infrastructure can handle the traffic. Erickson: Thanked the VFW, neighborhood and residents for coming to the town meeting. Clarified that the proposal is for a five-year lease with extensions. Kramer: Commented that the franchise and lease agreement is not agreed to and meetings are scheduled to discuss. Erickson: Confirmed that traffic and parking concerns were brought up and he will work through some of the concerns. Suggested that if agreement is reached, a committee of VFW, neighborhood, city staff, and baseball team to work to- gether to make sure communication is there to take care of concerns from all sides. Haugen: Expressed appreciation for the dialogue from people in the audience. Clarified a statement printed in the Prior Lake American regarding informing the public and stated that the proposal was moved forward quickly because of potential competitive sites and they did not want to let an opportunity go by. Many of the concerns expressed at this meeting have been discussed and others need resolution to reach a decision that is good for the city and Kramer. Re- ferred to the earlier comment about the process used for the water treatment plant and noted that project was very far advanced before neighborhood meetings were held. Jerry Hanson: Commented that many businesses invest more money than proposed by the owner for this and those business have to go through the Planning Commission process with concept plans, etc. Asked why this proposal should not also do so. Haugen: Will move forward at future Council meetings to get at the answers to questions that have been asked. RECESS Mayor Haugen called at recess at 9 p.m. RECONVENE The meeting reconvened at 9:15 p.m. Town Meeting - Fire Safety and Service Referendum. This topic was deferred to the September 5, 2006, meeting. Consider an Appeal of the Planning Commission's Decision to Approve a Conditional Use Permit to Allow Out. door Storage In an 1.1 (General Industrial) Zoning District. 5 City Council Meeting Minutes August 21,2006 Draft Planner Matzke gave history of the site and the Planning Commission decision to approve the outdoor storage with the conditions proposed that would meet conditional use permit requirements. Comments: Erickson: Asked if the fuel tanks would contain diesel or gasoline. Matzke: Believes they are diesel, but either would be under the same regulations. leMair: Asked about the location of the fuel tanks and what types of regulations surround the tanks. Matzke: Cited various fire code and state regulations regarding containment and grading. Millar: Asked what the code would be regarding leakage. Matzke: Responded that the fire chief and building inspector would use MPCA codes and standards to address leak- age, tipping or rolling of the tanks. Millar: Asked how far the storage area is from nearest residential building. Matzke: Displayed the distance on a map as 180 feet to the individual property lines and 90 feet to the residential area. Millar: Asked where the owner plans to place the tanks. Matzke: Replied that has not been determined yet. MOTION BY LEMAIR, SECOND BY MILLAR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried and the public hearing opened at 9:35 p.m. Wade Johnson, Master, 2547 Onyx Drive, Shakopee, commented that two 1,OOO-gallon diesel tanks are proposed. No gasoline is proposed as all the equipment is run on diesel. Displayed the area proposed for storage. Responded that spill containment is done by storing on a concrete slab with a curb that has no outlet. leMalr: Asked if the proposal includes having the containment done that way. Johnson: Responded that the proposal complies with requirements. Millar: Asked where the tanks would be placed. Johnson: Responded that is not determined at this time. Noted there is a request by staff to include a three-foot berm which would require a 24-foot horizontal area to install the berm and would eliminate most of the storage area. Stated that the site restricts them from complying with that condition. LeMalr: Asked about the location of the property lines and fence lines. Matzke: Displayed the wetland line, property line and proposed storage area. Joe Reardon, 17482 Deerfield Drive, commented that the Planning Commission vote on this CUP was 3-2 and sug- gested the Council should focus decisions on maximizing growth and for the benefit of citizens and businesses consid- ering long-term effects that enhance quality of land and are compatible with the 2030 vision. Believes this building should be in a less centralized location. Bernerd O'Neil, 17488 Deerfield Drive, objected to having fuel stored on the site. Judy Hanson, 17436 Deerfield Drive, commented that this industrial zoning area and the Deerfield residential zoning area were approved for zoning at the same meeting in 2004. Stated that, at the time, the Council stated there would be conditions placed on the industrial zoning and that she does not object to the industrial park but does object to moving large equipment around fuel storage tanks. Concerned that the owner now says a berm cannot be put in. Stated this is not compatible to abutment of residential area. Jerry Hanson, 17436 Deerfield Drive, commented that the dissenting votes at the Planning Commission were very ada- mant. Believes 2030 vision talks about development of the industrial park with modest outdoor storage and questioned what is meant by "modest." Stated that the Planning Commission said that dollars were not an issue and it was looking for good development and design and now the owner says he cannot meet the berming requirement. States there are 20,000 above-ground regulated tanks in Minnesota and many are used for other than fuel. Stated these tanks can be subject to construction flaws, corrosion, etc., and most guidelines about them are left to local discretion. Asked how to make this work long-term. Jean Reardon, 17482 Deerfield Drive expressed concern and asked the Council to deny the request for the CUP. 6 City Council Meeting Minutes August 21,2006 Draft MOTION BY MILLAR, SECONDED BY LEMAIR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The public hearing closed at 9:55 p.m. Comment: Erickson: Expressed concern with fumes from the fuel tanks. LeMalr: Stated that citizens made good appeals and he understands they don't want this in their back yard. Asked about dates of approval and whether it was prior to residential being there. Kansler: Replied with the dates of approval and noted that at the time of designation, there were no buildings there. LeMalr: Stated that it becomes obvious why having these zoning areas abut is not good, but the City has to give busi- nesses a place to be. Will not support the appeal. Millar: Disclosed that he owns property in Deerfield and that he was advised that it is appropriate for him to vote on this issue. Thanked residents for their input. Said he checked heights of trucks vs. heights of fencing and was assured that fence would be high enough and that there would be coniferous trees with a berm. Concerned with fuel tanks being that close to residential properties. Haugen: Commented that this was zoned industrial before houses were there. Noted that in summer, trees buffer view of the industrial zone. Asked if fumes would be smelled at that distance. Matzke: Unknown. Haugen: Stated the City has gas stations that are closer to residential houses than this and he does not believe there are fumes from those. Believes the safety aspect would be no different than gas stations and that the licenses and permitting regulations address concerns. Asked how often the MPCA inspects tanks. Matzke: Responded that tanks are checked either annually or biannually and many of the regulations are from the state fire code. Haugen: Clarified that there are 20,000 tanks in Minnesota. Matzke: Affirmed. Haugen: Stated that fuel tanks are not enough of an issue to decline the CUP. Asked about the proposed layout of berming and trees. Matzke: Replied that trees could not be placed in the wetland buffer area, so there are limits to the tree placement. Haugen: Stated he will not support Planning Commission without the berming. Believes that visual effect is important and if the required berming and additional trees are corn plied with, the visual impact will be minimized. Does not sup- port appeal, but will support conditions that would increase the number of coniferous trees. Pace: Stated the Council could vote to amend the resolution to include whatever conditions it desires. Matzke: Commented that a fence is in the site plan and could be modified in the conditions. Haugen: Asked planning staff what would be the best solution to provide a better visual aspect. Kansler: Replied that a combination of a retaining wall, fence and trees would be the best solution. Matzke: Commented that it needs to have separation from outdoor storage and paved area. Erickson: Asked if a retaining wall would eliminate the problem of space for a berm. Johnson: Replied that they could put a fence on a retaining wall, but cannot plant trees in the wetland buffer. Kansier: Proposed a half berm with retaining wall. Johnson: Believes it does not have room for half a berm. Also noted that he anticipates no smell of fumes from the tanks. Boyles: Commented that the Council is expressing concerns about berming and suggested that staff work with the petitioner and bring a solution to a future meeting. Millar: Asked if a retaining wall could be built to face the business so the neighborhood would have the appearance of a natural looking berm. Kansier: Responded that the wetlands causes limitations and different options need to be considered. Pace: Reminded the Council that this is a process, the Planning Commission has approved the CUP and an appeal is pending. Kansler: Commented that the city has 120 days from the CUP application date to take action. Haugen: Asked what the next step would be after action to support or reject the appeal. 7 City Council Meeting Minutes August 21,2006 Draft Pace: Responded that if the Council wants to uphold the Planning Commission decision with additional conditions, it should be voted on at this meeting and direction given to staff to come back with a resolution adding those conditions. Erickson: Asked if city staff would be allowed to work with the CUP petition if the Council voted to uphold appeal. Pace: No. Millar: Noted that the applicant stated he cannot do the beml. Haugen: Replied that it would be up to the applicant to work with it. Millar: Commented that the berm is in line with what the Planning Commission conditioned. Haugen: Stated he would insist on the berm and he would like to see more trees on top of the berm. Then it would be up to the developer to accept or reject it. LeMair: Agreed that the berm should be there and there should be more trees. Does not like it next to residential, but the developer has purchased the land and it cannot be rezoned. Millar: Stated long-term development should be considered. Haugen: Stated it is too late for this development, but conditions can be created to obtain the best possible scenario. Millar: Commented that he would want to look at parcels where there are no existing buildings. Kansler: Noted that changes would include amending the comprehensive plan and conducting hearings. Pace: Agreed that this area has already been platted. Erickson: Asked about the hours of operation and whether those hours would be allowed for moving equipment or operating the business. Matzke: Replied that the hours of operation are for the outdoor storage purposes and it does not matter if they are working within the building. Boyles: Proposed revisions to the conditions. Millar: Expressed desire to consider rezoning this area. Pace: Replied that there are significant complications to change zoning for something that is already zoned and plat- ted. Noted that something has to be next to industrial and it usually is high-density residential and commercial. The developer bought the property with expectations and if city rezoned, it may not be feasible at this location. Erickson: Asked if additional conditions should say additional trees to the extent determined by staff rather than stipu- lating a particular number. Boyles: Concurred and stated the developer would supply a landscape plan. Haugen: Asked ifthe fuel tank is still an issue. Erickson: Replied that the tank is proposed to be lower than the berm and fence and is acceptable. Millar: Asked if conditions could be placed to put the tanks as far from residential buildings as possible. LeMalr: Responded that MPCA requirements will dictate where it will be. Kansler: Noted that the location of the tanks hasn't been specified yet and staff prefers to leave that determination to the MPCA and fire code as it is their area of expertise. MOTION BY LEMAIR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 06. 153 UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN THE 1-1 (GENERAL INDUSTRIAL) ZONING DISTRICT AS MODIFIED SPECIFYING AN EIGHT-FOOT TALL BOARD-ON-BOARD FENCE ON TOP OF THE BERM AND THE ADDITION OF UP TO 21 CONIFEROUS TREES IN A STAGGERED FASHION TO BUFFER THE OUTDOOR STORAGE AREA. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution Vacating a Portion of the Road Right.of.way Adjacent to City.owned and County.owned Property In Blocks 20 and 21, Spring Lake Townsite. Planning Director Kansler informed the Council that this property was acquired by the city through tax forfeiture and, although platted, the lots are not buildable. She also informed the Council of the 4/5 vote requirement on this agenda item. 8 City Council Meeting Minutes August 21,2006 Draft MOTION BY LEMAIR, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried and the public hearing opened at 10:54 p.m. No person stepped forward to speak. MOTION BY MILLAR, SECONDED BY ERICKSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried and the public hearing closed at 10:55 p.m. Comments: No comments. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 06.154 PROVIDING FOR THE VACATION OF ROAD RIGHT-OF-WAY ADJACENT TO CITY-OWNED AND COUNTY-OWNED PROPERTY IN BLOCKS 20 AND 21, SPRING LAKE TOWNSITE. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. Public Hearing to Consider the Proposal to Adopt a Street Reconstruction Plan and Issue General Obligation Street Reconstruction Bonds. Public Works Director Albrecht informed the Council of funding options for country road improvement projects and attempts to keep the breadth of options open. Noted that this topic requires a 5-0 vote for passage and that all council- members are required to vote on it. MOTION BY MILLAR, SECONDED BY LEMAIR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried and the publiC hearing opened at 10:56 p.m. No person stepped forward to speak. MOTION BY LEMAIR, SECONDED BY MILLAR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried and the public hearing closed at 10:57 p.m. Comments: Haugen: Gave direction for this item to be placed on the September 5, 2006, meeting agenda to consider action upon it when all council members are in attendance. Albrecht: Stated that the public hearing without the discussion of all five councilmembers may not meet the intent of the state statute. Boyles: Clarified that the public meeting should be reopened and continued at the next meeting. Pace: Suggested the appropriate motions. MOTION BY LEMAIR, SECONDED BY ERICKSON TO RECONSIDER CLOSING THIS PUBLIC HEARING. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. MOTION BY LEMAIR, SECONDED BY MILLAR TO CONTINUE THIS PUBLIC HEARING UNTIL SEPTEMBER 5, 2006. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. OLD BUSINESS: Consider Approval of a Resolution Reconveylng Forfeited lands to the State of Minnesota. Planning Director Kansler noted that this action applied to property that was acquired through a tax forfeiture and therefore cannot procedurally be conveyed back to Scott County. The city will release its specific use deed on it and the property will go back to the State which will offer it to the county and any other governmental agencies. 9 City Council Meeting Minutes August 21,2006 Draft Comments: None. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 06.155 APPROVING THE RECONVEYANCE OF FORFEITED LAND IN BLOCKS 20 AND 21, SPRING LAKE TOWNSITE, TO THE STATE OF MINNESOTA. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into a letter of Intent to Enter Into a Lease Agreement with the Northwoods League and Joel Kramer. This item was removed from the agenda. Consider Approval of a Resolution Accepting Bids and Awarding the City's Standardized Contract for Well No. 10 Pump Test Monitoring Wells. Public Works Director Albrecht recapped the need for pump test monitoring and noted that funds come from the trunk fund. Comments: Erickson: Will support. leMalr: Believes it is unfortunate to not have more bids but noted this bid is within the budgeted amount. Millar: Agreed with LeMair. Haugen: Reiterated that it is under budget, the value is there and there could be a cost ifthe project is delayed. MOTION BY LEMAIR, SECONDED BY MILLAR TO APPROVE RESOLUTION 06-156 ACCEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONTRACT FOR WELL NO. 10 PUMP TEST MONITORING WELLS. VOTE: Ayes by Haugen, Erickson, LeMair and Millar. The motion carried. NEW BUSINESS Consider Approval of a Resolution Ordering the Preparation of a Feasibility Report for Reconstruction of County Road 21 and the Reconstruction of County Road 12/Trunk Highway 13 Intersection. This agenda item is deferred to September 5. Consider Approval of a Resolution Amending the City's 2007.2011 Capital Improvement Program with Respect to Heritage Farmstead, PAR Task Force and Welcome Avenue. This agenda item is deferred to September 5. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Millar and seconded by LeMair. With all in favor, the meeting adjourned at 11 :07 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Assistant 10