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HomeMy WebLinkAboutAgenda & Minutes EDA Special Meeting - 5:00 p.m. City Council Work Session - 5:30 p.m. - 7:00 p.m. PUBLIC FORUM: 7:00 p.m. - 7:30 p.m. REGULAR COUNCIL MEETING AGENDA Date: December 6, 1999 : ~~~~~::A:R::::::::~DGE OF ALLEGIANCE: ......................... 7:30 p.m ib-\ tJ CONSIDER APPROVAL OF NOVEMBER 15, 1999 MEETING MINUTES. 4 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. .,<:t\ ~) 7 8 5 A) Consider Approval of Invoices to Be Paid. '--'1> B) Consider Approval of Sale of Excess City Ve~':1':t-1 C) Consider Approval of Resolution 99-XkAUti1Orizing Full and Final Payment to Jedlicki & Sons for Brooksville Hills 6th Storm Water Improvements. D) Consider Approval of Resolution 99~ Authorizing Full and Final Payment to Sunram Construction Inc. for Construction ~ish Point Park Channel Stablization Improvement, City Project 98-12. 5'1 - rl<:+ E) Consider Approval of Resolution 99~ Authorizing Special Assessment Deferral for City Project 99-11 Candy Cove Street Re~truction. ~,- 1~O ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS: A) Presentation of $15,000 to Prior Lake Volunteer Fire Department by the Mdewakanton Sioux Community for Dress Uniforms - (Tribal Vice Chair Glenn Crooks and Tribal Administrator Bill Rudnicki.) PUBLIC HEARINGS: A) Consider Approval of the Vacation of a Portion of Red Oaks Road. /2es 9':1 -(3C B) Consider Approval of Request for Vacation of a Portion of Eagle Creek AvenuY- C) Truth-in-Taxation Hearing for Proposed 2000 City Budgets (7:30pm) D) Economic Development Authority Levy (8pm) ----.. R..o, C:;<J-133 OLD BUSINESS: /3/ A) Consider Approval of Resolution 99-~warding Bid for the Purchase of One (1) 2200-Gallon Fire Department Tanker Truck, Trade-In of a Used Tanker Truck, and Authorizing the Mayor and City Manager to Execute Documents Associated Therewith. 1~~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 9 NEW BUSINESS: I 31f A) Consider Approval of Resolution 99-xX Approving a Conditional use Permit for Ryan Construction Company for a Gravel Excavation Operation. B) Consider Approval of Standard Professional Services Contract with Bonestroo, Rosene, Anderlik and Associates to along with CSAH 21 & CSAH 42 to perform Design Services for Utility Extension. 10 OTHER BUSINESS/COUNCILMEMBER REPORTS: A) Executive Session - Hentges Litigation 11 ADJOURNMENT 120699 DOC REGULAR COUNCIL MEETING MINUTES November 15,1999 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmember Kedrowski, Petersen, Wuellner, and Schenck, City Manager Boyles, City Attorney Pace, Planning Director Rye, Planning Coordinator Kansier, Acting City Engineer McDermott, and Recording Secretary Meyer. APPROVAL OF AGENDA: BOYLES: Proposed removing Item 8F (Consider Approval of Resolution 99-XX Awarding Bid for the Purchase of One 2200-Gallon Fire Department Tanker Truck, Trade-In of the Existing Used Tanker Truck, and Authorizing the Mayor and City Manager to Execute Contract Documents Associated Therewith) to the December 6th Work Session. Also proposed possibly adding an Executive Session at the conclusion of the meeting. MOTION BY WUELLNER, SECOND BY PETERSEN TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. APPROVAL OF MINUTES FROM NOVEMBER 1. 1999 REGULAR MEETING AND THE NOVEMBER 3. 1999 SPECIAL MEETING. WUELLNER: Suggested checking the spelling of David Goettl on page 2. MADER: Noted that on the bottom of third page there was reference to a vote immediately following the motion, as well as following the discussion. Suggested deleting the first vote. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE NOVEMBER 1, 1999 REGULAR MEETING MINUTES AS AMENDED.. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY PETERSEN, SECOND BY WUELLNER TO APPROVE NOVEMBER 3, 1999 SPECIAL MEETING MINUTES. VOTE: Ayes by Mader, Wuellner and Petersen, the motion carried. Councilmembers Kedrowski and Schenck abstained. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Treasurer's Report (C) Consider Approval of Building Permit Report (D) Consider Approval of Animal Warden Monthly Report (E) Consider Approval of Fire Call Report 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes November 15, 1999 (F) Consider Approval of January - October 1999 City Council Directives Report (G) Consider Approval of Resolution 99-122 Authorizing Special Assessment Deferral for City Project 99-13 North Shore Oaks First Addition Sewer and Water Installation. (H) Consider Approval of Temporary Consumption and Display Permit for the Church of St. Michael. (I) Consider Approval of Temporary 3.2 Liquor License for the Church of St. Michael. BOYLES: Briefly reviewed the consent agenda items. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA ITEMS (A) THROUGH (I) AS PROPOSED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: None. PRESENTATIONS: NONE. PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of Resolution 99-XX Denying an Amendment to the Comprehensive Plan Request by Northview Development for the Property Located at 4520 Tower Avenue. BOYLES: Briefly reviewed the agenda item in connection with the staff report, the history of the item as previously considered by the Council which included denial of the request based upon loss of commercial land in Prior Lake, and the Planning Commission and staff recommendations. The request is to change the property designation from commercial zoning to high-density residential. SCHENCK: Asked for examples of appropriate uses in the CCC designation. RYE: A variety of general business uses would apply, such as retail, services uses, and office. The designation is community commercial designation, which is more broad in scope that neighborhood commercial. BRYCE HUEMOELLER (counsel for the applicant, Northview Development): Summarized his November 8, 1999 letter which was submitted previously to the Council, including noting a project amendment for senior housing, that the property is not commercially viable, the property does not meet the CCC designation of the Comprehensive Plan, and that there are material economic and hardship reasons since 1998 that would justify the change. The factors that support the change to high-density residential are (1) this property can act as a buffer between the Priordale Mall property and the nearby single-family residential area; (2) the commercial 60 foot setback limits the uses of the property; (3) the current sewer line that crosses the property could be dedicated to the City which would resolve a current land dispute; and (4) competing commercial developments have made the property less marketable in the current market. Also noted that Priordale Mall has recently gone into Chapter 11 2 City Council Meeting Minutes November 15, 1999 bankruptcy, which affirms that the area is not commercially viable. Concluded that the Tone1 property does not meet the fundamental criteria for CCC designation/development, and that multi-family residential would be a more appropriate designation. SCHENCK: Asked for clarification of the economic change since the 1998 application. HUEMOELLER: The applicant has spent 18 months of hard work trying to come up with a viable CCC use. The intense commercial development outside the City has negatively influenced the commercial development of this property. JAMES KENNEDY (4486 Pondview Trail): Commented that there has been no change in Prior Lake's lack of commercial property. Asked for clarification in the status of the proposed post office facility. Also noted that it should first be decided where the ring road is to be located before planning around it. It is also his understanding that the easement issue cannot be resolved by granting the landowner what he wants. Further noted that the area is already very congested. MADER: Clarified that there has been no formal action by the Council, but informally the City has asked the post office representatives to reconsider the downtown area as a possible location. NEIL BODERMAN (general partner, Priordale Mall and landowner of the subject property): Confirmed that Priordale Mall has filed Chapter 11 bankruptcy and is running at approximately 35% vacancy. There is no need for additional commercial space in this area, and believes the ring road is complete around the subject property. STEVE POTTER (4498 Pondview Trail): Asked what the population growth rate is in Prior Lake and the demographic. Commented that in the Windstar development, there are over 35 children under 5 years of age. Suggested a day care facility, or some use that would benefit the neighborhood, or suggested needed school district offices. Believes the property could be a commercial development which would help relieve traffic congestion in the area during non-business hours. Also advised that property values would suffer with a high-density residential development. RYE: Noted that the growth rate is approximately 200 units per year, which translates to about 600 people. Indications are that most people moving into the community are young professionals. PAM GAILEY (4562 Pondview Trail): Concerned about the frontage road in front of EZ Stop and the traffic issues that would be compounded should the multi-family use be approved. Opposed to an additional loss of trees in the area as well. CLAYTON HARDER (4510 Pondview Trail): Practically speaking, it does not seem reasonable to develop such a small parcel as multi-family when it is more suited to commercial. Agrees with concerns raised by his neighbors. 3 City Council Meeting Minutes November 15, 1999 BRUCE LARSON (Millennium Properties): Noted that he is working with Northview Development to address the need for senior housing in the Prior Lake area. Noted that the use, while multi-family, would provide a good transitional property at a relatively low impact to the area. KEDROWSKI: Asked what type of senior housing is planned, including design, buffers, ect. LARSON: Preliminarily the plan would be for an unassisted community atmosphere at a minimum age of 55 years. They are only in the beginning stages of design. There are a number of ways to provide buffering, including fencing, berms, etc. MADER: Commented that in addition to the lack of commercial property within the City, there was considerable discussion and concern with the access to the Tower property being through the EZ Stop, as well as the importance of a ring road that is yet to be resolved. Questioned whether significant effort was given to determine whether a commercial use was viable. Also noted that the issue at this point is not senior housing, and that there is limited availability of commercial land within Prior Lake. The HRA study did not indicate that Prior Lake has a compelling problem in the amount of area zoned for multi-family development. Further noted that with respect to the sewer line, a residential zoning classification does not guaranty a solution to the problem. Believes the bankruptcy of Priordale Mall is irrelevant to this particular discussion. It would seem arbitrary for this Council to approve an action that we have previously denied and that has been unanimously recommended for denial by the Planning Commission. There are, however, many issues that should be resolved prior to authorizing any development of the property. Suggested a moratorium on development on properties potentially affected by completion of the ring road alignment for six months until these issues are sorted out. SCHENCK: Asked the impact of the ring road design change on this property if designated CCC versus a high-density residential. Asked for clarification of the 10 acres concept for CCC designation. Is there anything in the request that would guaranty a senior housing development. RYE: There would probably not be a significant difference in design as far as land use designation. The 10 acres was intended to apply to CCC designations for minimum area that could be designated under that category without reference to the platting or ownership under that designation. It wasn't intended to mean that every property within such an area had to have a minimum of 10 acres, and typically covers multiple properties. The discussion of senior housing is irrelevant for this discussion. The issue is a Comprehensive Plan change without reference to the type of ownership, type of tenant, ect. Once the change is made, whatever use is permitted, or permitted with conditions, or permitted with a conditional use in the R-4 zoning district, could be contemplated for that site. MADER: Clarified that the moratorium would affect all the properties that may be affected by the ring road, and that staff would be directed to determine those properties adjacent to the proposed ring road. WUELLNER: Commented that if a viable commercial use was proposed for this property, the Council would not be considering a moratorium. Asked what is the intent of a moratorium. MADER: Due to the unresolved issues with this property, feels it would be appropriate to manage the issues prior to creating more issues with any type of development or zoning change. WUELLNER: Commented that the applicant makes a viable arguement that the existing Comprehensive Plan designation may not be appropriate. Supports the applicant's request. 4 City Council Meeting Minutes November 15, 1999 PETERSEN: Believes the City should address the ring road issues before any further development takes place. Also does not believe many issues have changed since the 1998 application. KEDROWSKI: His understanding on the ring road was that the only issue was whether a parking lot and building would be impacted, and staff was directed to come back with another curve at that access point. Multi-family zoning is less obtrusive than commercial. Used the Burdick property as an example of how transitional zoning is important, and that the Tower property may be able to act as an appropriate buffer. SCHENCK: Pointed out that the residential neighbors seem to prefer a commercial use of the property. MADER: Noted that the curve of the ring road was only a portion of the issue, and that the ring road was only half laid out. RYE: Clarified that there were two different things: (1) the entire ring road concept from Franklin Trail to County Road 23; and (2) the official map through the Park Nicollet property over to Toronto Avenue. The Official Map only dealt with the center line designation on a map from the Park Nicollet property over to Toronto. The question came up at that point of what happens at the other end, which in turn triggered the discussion about bringing the issue back to the Council at a later date for more comprehensive review. MADER: Stated that the problem with the Burdick property was the removal of a berm, and development within the setback. Advised that a this Comprehensive Plan rezoning is significant in that it sets the stage for what happens next (i.e. changing the zoning to be consistent with the Compo Plan). KEDROWSKI: Commented that the berm and garbage enclosure with respect to the Burdick property were not entirely the issues. The issues were development. PACE: Pointed out that Mr. Huemoeller's reference to sections of the Compo Plan is new information that the Council received tonight and when he cites that something is inconsistent with the criteria for that district, the flip side is that there should be some input on the goals, objectives and criteria for the R-4 out of the Compo Plan. Secondly, it would not be appropriate for the Council to consider the easement litigation with Neil Boderman as a factor in its decision to change to the Compo Plan. Also commented that Mr. Huemoeller's testimony tonight raised more issues, and that this is not a public hearing, and all interested persons and/or staff may not have had the opportunity to respond. Mr. Huemoeller has confirmed that the 60-day rule has been waived by the applicant. Suggested that defering this item for further staff input and Council discussion is an option to consider. SCHENCK: Commented that there are three needs in the City: (1) senior housing; (2) commercial development; and (3) rental units. Would not support the Compo Plan amendment. Also clarified that the school has the option to purchase the property in question. Strongly supported proceeding with the ring road project. MOTION BY SCHENCK, SECOND BY PETERSEN TO DENY AN AMENDMENT TO THE COMPREHENSIVE PLAN REQUEST BY NORTHVIEW DEVELOPMENT FOR THE PROPERTY LOCATED AT 4520 TOWER AVENUE. 5 City Council Meeting Minutes November 15, 1999 A FRIENDLY AMENDMENT WAS ACCEPTED BY SCHENCK AND PETERSEN TO DIRECT THE STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF FACT FOR FUTURE COUNCIL CONSIDERATION. VOTE: Ayes by Mader, Petersen and Schenck, Nayes by Wuellner and Kedrowski, the motion carried. The Council took a brief recess. Consider Approval of Resolution 99-123 Approving the Final Plat and Development Contract for Wild Oaks. BOYLES: Review the agenda item in connection with the staff report, noting that the final plat was subject to six conditions. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-123 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR WILD OAKS. MADER: Asked if there is any criteria on the final plat which represents any significant difference to the preliminary plat. KANSIER: No. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-124 Approving the Final Plat and Development Contract for Glynwater 2nd Addition. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-124 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR GLYNWATER 2ND ADDITION. MADER: Asked if the Resolution is accurate being dated the 15th day of November, 1999. PACE: Clarified that the staff has received a letter from the Developer, who volunteered to comply with the criteria as set forth especially as they relate to MUSA designation. McDERMOTT: Confirmed that the MPCA and Met Council have approved the MUSA extension of the sewer and water. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Ordinance 99-18 Approving an Amendment to the Zoning Ordinance Relating to Sunset provisions for the Combination of Nonconforming Lots, Lot Area for Duplexes, Required Setbacks in the Shoreland District, Setback Averaging in the Shoreland District and the Requirements for Hold Harmless Agreements. 6 -. City Council Meeting Minutes November 15, 1999 KANSIER: Briefly reviewed the five specific housekeeping measures and rationale addressed by this ordinance amendment which is in response to staff recommendation and Council directive, and in connection with the staff report. Advised that the Planning Commission has recommended the amendment for approval. MOTION BY PETERSEN, SECOND BY WUELLNER TO APPROVE ORDINANCE 99-18 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO SUNSET PROVISIONS FOR THE COMBINATION OF NONCONFORMING LOTS, LOT AREA FOR DUPLEXES, REQUIRED SETBACKS IN THE SHORELAND DISTRICT, SETBACK AVERAGING IN THE SHORELAND DISTRICT AND THE REQUIREMENTS FOR HOLD HARMLESS AGREEMENTS. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of (1) Resolution 99-125 for Traffic Control Signal Agreement no. 79677R Between the State of Minnesota and the City of Prior Lake; and (2) Resolution 99-126 Accepting Bids and A warding Contract for Installation of Six Emergency Vehicles Preemption (EVP) Systems (City Project 98-23). BOYLES: Briefly reviewed the item in connection with the staff report. MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-125 FOR TRAFFIC CONTROL SIGNAL AGREEMENT NO. 79677R BETWEEN THE STATE OF MINNESOTA AND THE CITY OF PRIOR LAKE. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-126 ACCEPTING BIDS AND AWARDING CONTRACT FOR INSTALLATION OF SIX EMERGENCY VEHICLES PREEMPTION (EVP) SYSTEMS (CITY PROJECT 98-23). VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Resolution 99-XX Awarding Bid for the Purchase of One 2200-Gallon Fire Department Tanker Truck, Trade-In of the Existing Used Tanker Truck, and Authorizing the Mayor and City Manager to Execute Contract Documents Associated Therewith. [This Item was removed from the agenda.] NEW BUSINESS: Consider Approval of Resolution 99-127 Approving an Amendment to the Windsong on the Lake PUD to Add Additional Property and Boat Slips. BOYLES: Briefly advised that this action provides expanded lake access for the PUD, which then allows 11 additional boats slips. 7 City Council Meeting Minutes November 15,1999 MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-127 APPROVING AN AMENDMENT TO THE WINDSONG ON THE LAKE PUD AND ADD ADDITIONAL PROPERTY AND BOAT SLIPS. PETERSEN: Asked if the location of the new boat slips affect the Lake outlet. SCHENCK: Clarified that the Lake outlet is to the north. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Report Regarding Y2K Contingency Planning. BOYLES: Reviewed the City's plan for Y2K readiness and reviewed where residents can get more information. KEDROWSKI: Asked if a 2am cut-off is too early. BOYLES: Clarified that there were two specific times that will indicate that level to which service may be disrupted: (1) 5pm for the turnover of public utilities; and (2) midnight for the switchover of computer systems. If there is significant disruption, staff will know it by 2am. MADER: Asked who will make the determination if the 2am - 7am shift is necessary. BOYLES: The emergency management supervisors on duty at the various communication nodes. SCHENCK: Stated that the effort by Prior Lake employees is especially noteworthy. MOTION BY WUELLNER, SECOND BY PETERSEN TO APPROVE THE REPORT REGARDING Y2K CONTINGENCY PLANNING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS: WUELLNER: Reminder to Councilmembers that the City Manager reviews are due by December. BOYLES: Suggested scheduling a special work session for December to review the preliminary PUD for Deerfield. Kelly will contact Councilmembers and Councilmember-Elects to schedule. Also suggested adjourning to Executive Session to discuss the Boderman litigation. EXECUTIVE SESSION Boderman Litigation The MAYOR advised that no formal action is necessary at this time with respect to the Boderman litigation. Staff is to proceed as directed in Executive Session. A motion to adjourn was made an~ seconded. The meeting adjourned at 10:14p.m. 8 City Council Meeting Minutes November 15, 1999 Frank Boyles, City Manager 9 ...' ."'. --or- ......