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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA July 21, 2003 7:00 P.M. Fire Station No.1 1. CALL rOORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m. 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 governmental 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 JULY 7,2003 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 Animal Warden Monthly Report. C) Consider Approval of 2nd Quarter Fire Report and the Monthly Report for June D) Consider Approval of a Resolution Approving the Common Interest Community Number 1118 (Timbercrest Village Homes) CIC Plat E) Consider Approval of a Resolution Approving Final Plat and Authorizing Execution of Standardized Development Agreement for Wilds 6th Addition F) Consider Approval of 2003 Second Quarter Investment Report. G) Consider Approval of 2003 Second Quarter Budget Summary Reports and General Fund Overview. H) Consider Approval of City of Prior Lake Treasurer's Report for July 1 J 2003. 6. ITEMS REMOVED FROM CONSENT AGENDA: 16006) Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. PUBLIC HEARINGS: 8. PRESENTATIONS: A) Proclamation: National Night Out 2003 B) Lakefront Days. 9. OLD BUSINESS: A) Consider Approval of a Resolution Approving the Cooperative Agreement with Minnesota Department of Transportation and Scott County Regarding the Operation and Maintenance of a Traffic Control Signal System and Integral Street Light at TH 13 / CSAH 21, Five Hawks Avenue Intersection and Authorizing the Mayor and City Manager to Enter into an Agreement 10. A) NEW BUSINESS: Consider Approval of a Resolution Authorizing the Removal of "No Parking" Signs along the North Side of Tower Street. B) Consider Approval of a Resolution Authorizing the Installation of "No Parking Vehicles with Trailers" Signs at Pleasant Meadow Lane. C) Consider Approval of an Orderly Annexation Resolution with Spring Lake Township D) Consider Approval of an Amendment to the Zoning Ordinance Allowing Churches in Commercial Zones as a Permitted Use E) Consider Approval of an Ordinance Amendment to City Code Section 707, Storm Water Management and Revising the Storm Water Management Fee. F) Consider Approval of an Ordinance Amendment Relating to False Alarms. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 072103 " REGULAR COUNCIL MEETING MINUTES July 7,2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska and LeMair, City Manager Boyles, City Attomey Pace, Public Works Director Osmundson, Community Development Director Rye, Planner Kirchoff, City Engineer McDermott, Zoning Administrator Horsman, and Recording Secretary Carlson. 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 governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. Concept Plan for Lone Pine Golf Course (Bill Rudnick~ Rudnicki: Discussed the SMSC's concept plan for the redesign of Lone Pine golf course. Advised that they have hired the consultant who designed The Legends golf course. Green fees will be between $50 and $80, and the plan is that the existing club house will probably be a half-way stop, with the entrance and first tee box closer to the hotel. The final course design should be done shortly and then the permitting process would begin. The target date for opening is the summer of 2005. The intent is that the primary access would be from Dakota Parkway. Grea McKush (Manager and Director of Operations for Lone Pine): Advised that course will encompass approximately 120 acres, and that an additional 70 acres are available. Noted several distinctive features planned. 110 acres will be within the City limits of Prior Lake, and the addition 70 acres available are SMSC trust property. Other Concerns Melanev Shea (Green Heights Trail): Read a letter asking that the City Council reconsideration permitting outdoor events at Captain Jack's Bar. Advised that the neighborhood has had to endure many problems with the concerts, particularly with illegal parking, noise, disturbance of the peace, drunken driving, trespassing, obscene language and bad behavior, and trash. This is not appropriate for a residential neighborhood. Further concern is for the potential 2:00 a.m. closing. Felt that the notice requirement for properties within 500 feet were not appropriate. Advised that she was asked to be an advocate for the neighborhood. Bonnie Scherer (lived next door to Captain Jacks for 26 years): Advised that she does take issue with the lack of accountability exhibited by the current owners. Noted that the outdoor events do not cease after the permitted closing hours, parking is a problem, and noise is as much a problem as the parking. Suggested that if the City would tag and tow vehicles, a clear message would be sent to the violators. Safety is also an issue. Shared that she has experienced people urinating and having sex on her property, garbage litters the neighborhood that the bar does not help clean up, and profanity and yelling is typical. Also advised that calling Captain Jack's or contacting the owners has been unresponsive to the problems. Hauaen Explained that it is not appropriate for the Council to discuss issues as part of the public forum, but did want the residents to know that the Council is aware of the issues and has similar concems. Asked the residents to keep in mind that as a recreation-oriented community, uses such as Captain Jacks do add benefit to the community. Advised that City staff has met with the owners of Captain Jacks after its last event on June 14th to discuss solutions for the issues that have 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes DRAFT July 7, 2003 become problems. Captain Jack's had applied for another outdoor event which was denied by the City because the issues had not been adequately addressed. However, the current ordinance does allow 4 events per year. An upcoming event with Hooligans and Hollywood will be closely monitored. A Green Heights neighborhood meeting will be held July 19th at 9:00 a.m. to see if some solutions can be reached. No other persons were present for the public forum. APPROVAL OF AGENDA: Blomber~: Requested that an item be added as 11A to speak on the National Night Out, and an item as 11 B to address the Community Fall Fest. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. APPROVAL OFJUNE 21.2003 REGULAR MEETING MINUTES MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE JUNE 16, 2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Resolution 03.109 Approving the Wetland replacement Plan for Wilds 6th Addition (City Project #03-38) (C) Consider Approval of Resolution 03.110 Approving the Common Interest Community Number 1121 (Lakefront Plaza Condominiums) CIC Plat. (D) Consider Approval of an On-Sale Liquor License Extension for Hollywood Bar & Grill. (E) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor license for the Cystic Fibrosis Foundation. (F) Consider Approval of Two Temporary 3.2 Liquor Licenses for Prior Lake Merchants Softball Team. (G) Consider Approval of Massage Therapy License for Laurie Jo Campbell. (H) Consider Approval of Monthly Building Permit Report for June and a Summary Report for Building Permits Issued for the 1st Half of 2003. Zieska: Asked that Item 5D be removed. BOYLES: Reviewed the Consent Agenda items. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE THE CONSENT AGENDA ITEMS AS SUBMITTED, WITH THE REMOVAL OF ITEM 5D. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: 5D - Consider Approval of an On-Sale Liquor License Extension for Hollywood Bar & Grill. 2 City Council Meeting Minutes DRAFT July 7,2003 Zieska: Noted that with the alcohol license extension, an outdoor concert will be conducted on Saturday, July 19th. Normally, outdoor concert permits do not come before the Council. Asked City staff to closely watch the conduct of this outdoor concert as well to see that City ordinances are met. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE ON-SALE LIQUOR LICENSE EXTENSION FOR HOLLYWOOD BAR & GRILL. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. PUBLIC HEARINGS: Consider Approval of an Appeal of the Planning Commission's Decision to Deny an Appeal of the Zoning Administrator's Decision that a Dog Kennel Located in an R-1 District was not a Legal Non-Conforming Use. (Case File #03-058PC) Horsman: Reviewed the agenda item in connection with the staff report. Mayor Haugen declared the public hearing open at 7:45pm. John Kalton (15594 Hill Cir Sf): Advised that they purchased the property in 1967 when it was in Eagle Creek Township. At the time of the annexation of the property, the City Council explained that many items would be grandfathered in as exceptions to City uses. When Eagle Creek Township was annexed in there were no restrictions to pets. Advised that all the dogs are vaccinated and confined to their property. Further explained that there property is more than adequate to house these types of small dogs, and that he felt they were not required to meet the requirements and were grandfathered in as a result of the annexation. Staff did informed them that they were in violation of the kennel provisions. Do not view this hobby of raising dogs as a kennel business. This hobby is not a for-profit business. Continued that they have many neighbors and there has been only one complaint. The dogs have never bitten anyone. Believed he has been put in a position to defend statements made by his neighbor at the Planning Commission meeting. Further believed complaints by his neighbor are a result of separate issues with erosion of his property. Submitted a statement in support. Zieska: Asked if there was anything requirement at the time in order to be grandfathered in. Kalton: Advised that he did not asked if there were requirements to be grandfathered. LeMair: Asked if he has continually maintained dogs in this fashion since 1966, and asked if any neighbor ever approached him privately about issues with the dogs, or that some compromise could have been met. Kalton: Advised that he has continually maintained the dogs, the maximum being 12, and that Mr. Arrigoni called the police and did not approach him privately. Did admit that 12 dogs continually barking over a period of 5-10 minutes could be a nuisance. Blombera: Asked if Kaltons raise the dogs for show. Further read Kalton's statement regarding "a ruckus". Asked what he considered a ruckus. Also asked about bark collars. Kalton: Advised that the dogs are raised as pets, and they recently have had one dog that has qualified for show. Dogs not kept as pets have been sold. There are one or two litters per year. Explained that with respect to a "ruckus", a dominate male dog is typically a watch dog. If others not known to the dogs approach, the dominate male will bark, which starts other dogs barking. Advised that one older dog now has a bark collar. 3 ._------,...".,_._-_."..,.~--~--_..------ City Council Meeting Minutes DRAFT July 7,2003 Hauaen: Asked how many dogs have they had over this time period and if any of the dogs have been licensed. Kalton: Advised that over the years, they have probably had 30 dogs, none of which were licensed until this past October when we became aware of the requirement. Asked why dogs are licensed. Bovles: Advised that licensing is required for identification purposes, for inoculation purposes, to identify dangerous dogs and public nuisances. There are likely additional reasons addressed in the ordinance. Jeff Arriaoni (5201 Candy Cove): Stated neither he or his wife ever called the police on Mr. Kalton's dogs. The reason the police were called, was because Mr. Kalton was dragging large trees across the property and through his back yard. The dogs were barking so much, we couldn't even talk to John about what he was doing. Advised that is primary concern is that the landscaping on Kaltons' property is causing soil erosion on the his property. Does have concems about the number of dogs. If it was always the same eight dogs, it would be different. Every six months there are new dogs which bark at everything. This number of dogs in this type of enterprise does have impacts on a residential neighborhood. No other persons were present to speak on this subject. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. LeMair: Commented that he once lived in the neighborhood in the past and did not remember a problem, but he had lived a block and a half away. Does feel the number of dogs is excessive and could be a nuisance to adjacent neighbors, and the area has become much more developed than when the Kaltons first built their home. Believes the City ordinance is reasonable. Zieska: Asked staff if there is any provision in the ordinance regarding breeding dogs. Added that there is a difference of opinion between the Kaltons and staff in that Kaltons feel they are not in the dog selling business for profit. However, selling dogs is selling dogs. Also commented that he can remember the name of every dog he's had. It did not appear that these animals are pets because the Kaltons are not even sure how many dogs they've had. Believes it is a kennel operation. Agree with staff and the Planning Commission. Horsman: Explained with respect to kennels there is no exception, but with respect to licensing, dogs are not required to have licenses until they are 3 months old. Petersen: Advised that he lived in Bloomington when it was still farms, and the area grew into a City. Prior Lake is similar in that it is becoming a large city with many residents. What is permitted 30 years ago does not work now. Believed the kennel operation is not a reasonable use in a residential neighborhood. Blombera: Commented that she would like to specifically address the issue of a kennel business outside of the issues of noise. Advised that her father operates a kennel and she appreciates the Kaltons concems. Being a landowner means being responsible for knowing what laws apply. City staff who visits a property for one issue, are not responsible for evaluating compliance with all possible ordinances. Sees a repeated pattern in that the Kaltons stated they have had dogs for 30 years with one or two litters per year. The math would conservatively indicate nearly 120 dogs. The dogs were sold. Read the ordinance in place in 1963 prior to the Kaltons beginning the business. Since there is no record of a conditional use permit, or licensing, she believes the violation is accurate. 4 City Council Meeting Minutes DRAFT July 7,2003 HauQen: Commented that running a business doesn't necessarily mean you make money. The fact that there are repetitive cycles of dogs that are sold indicates that this is a business. With respect to the licensing issue, Haugen read the Planning Commission minutes with Kalton's comments, wherein the Planning Coordinator discusses the illegal use versus a non- conforming use. Neighborhoods need to be protected from businesses. Supported the Planning Commission's decision. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 03.111 UPHOLDING THE DECISION OF THE PLANNING COMMISSION'S THAT A DOG KENNEL LOCATED ON PROPERTY AT 15594 HILL CIRCLE SE, PRIOR LAKE, MN, IN AN R-1 DISTRICT IS NOT A LEGAL NONCONFORMING USE, AND THAT THE PROPERTY OWNERS MUST RECONCILE THE ISSUE WITHIN 6 MONTHS FROM JULY 7, 2003. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. Consider Approval of an Appeal to the Planning Commission's Decision to Grant Variances for the Construction of a Detached Garage on Property Located at 14948 Pixie Point Circle SE. (Edward Feiker - Case File #03-56). Kirchoff: Reviewed the agenda item in connection with the staff report. Zieska: Asked for verification that Mr. Fieker's garage is 4 feet off the property line, and so the McGahey's are asking for a 6-foot variance that would put their garage 5 feet from the lot line. Kirchoff: Confirmed, advising that the ordinance requires a 15 foot separation. So, if Mr. Feiker's garage is 4 feet from the lot line, the McGahey's garage would need to be 11 feet. The topography and available area only provides for 5 feet, thus the 6 foot variance. Mayor Haugen declared the public hearing open at 8:26pm. Edward Feiker (1494 Pixie Point Circle): Stated that he moved into an existing residence and the garage was already built. At that time, he did not believe there an ordinance stating one cannot build 10 feet from the property line. He is not against the McGahey's construction of a garage, but would like a smaller size. Believes there is discrepancy in the location of the property line and that the survey is incorrect. He feels his garage is 3 feet, not 4 feet, from the property line. Hauaen: Advised that the surveyor is well known in the area the Council has to respect his decision. Zieska: Commented that the measurements of the property owner are not from a registered land surveyor. Explained that the McGahey's request is from their property line to the proposed garage. Blombera: Questioned Mr. Feiker's written comments on his concem for safety. Feiker: Advised that the fire hydrants are on one end and the other. There is some concem with fire access. Also noted that with this garage it would be hard for police to see if anyone was hiding with the structure so close. Mike McGahev (14948 Pixie Point Circle): Did not have anything to add from what was submitted as the Planning Commission hearing. The point is that they do not have a garage in Minnesota, and have attempted to make the proposed structure reasonable. No other persons were present to comment on this issue. MOTION BY ZIESKA, SECOND BY LEMAIR TO CLOSE THE PUBLIC HEARING. 5 City Council Meeting Minutes DRAFT July 7,2003 VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Lemair: Believes a garage is necessary, and that the survey must be considered as proposed. Support the staff and Planning Commission decision. Zieska: Agreed with Councilmember LeMair. A normal 2 car garage at 22x24 feet warrants a variance. Petersen: Agreed that there is no other location and the size is not unreasonable. Blombera: Agreed to support the Planning Commission decision. Did not agree with Mr. Feiker's concern that the additional structure would prohibit fire access, nor did the size of the structure impact the potential for vandalism. Hauaen: Agreed with the comments and rationale of the Councilmembers. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE RESOLUTION 03-108 UPHOLDING THE PLANNING COMMISSION'S DECISION TO GRANT A 17.5 FOOT VARIANCE FROM THE REQUIRED 20 FOOT FRONT YARD SETBACK AND A 6-FOOT VARIANCE FROM THE REQUIRED 11 FOOT SIDE YARD SEPARATION SETBACK FOR THE CONSTRUCITON OF A DETACHED GARAGE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Vacating a Portion of Erie A venue Right-of-Way Adjacent to 16154 Main A venue (Wensmann - Case File #03-055) Rye: Reviewed the agenda item in connection with the staff report. Blombera: Advised that she attended the Planning Commission meeting and questioned the need for the 5.5 foot easement. Rye: Explained that it was for the canopy that hangs slightly over the right-of-way. Mayor Haugen declared the public hearing open at 8:45pm. Kelly Murray (representing Wensmann Realty): Explained the streetscape appearance, noting that the building is not in the easement, it is only the canopy. Marv Mirsch (15432 Red Oaks Road): Concemed that there was an error in the building and that it should have accommodated for the canopy. Noted that his proposal for putting eaves from his house was rejected by the City. Can't see just giving away 5.5 feet. There as to be a give and take. 5 feet is significant. Feels that the City should require monetary compensation for the loss of property. Pace: Advised that the issue before the Council is whether the Council can meet the statutory finding that the vacation is in the publiC interest. If it is, it is illegal to require a quid pro quo. Mirsch: Believed the vacation was necessary because of a defect in the design of the building. Zieska: Asked if the canopy was added after the approval of the building plan. 6 City Council Meeting Minutes DRAFT July 7, 2003 Kellv Murrav: Explained that the canopy had been discussed all long. Wensmann currently has a private use of public property easement easement across the property for the canopy. This is a permanent way to resolve the issue. Pace: Added that by extinguishing the private use of public property, the City reduces its liability. Murrav: Noted that the building itself is on the property line, and its decks are also within the property. Wrapping the canopy around the corner along Erie ties into the aesthetic desired for the streetscape. Bovles: Noted that the downtown ordinance provides for a zero lot line, and this sort of awning is pedestrian-friendly shelter for those retail businesses. Blombera: Asked what was on that side of the building. Murrav: Advised that the canopy extends only along the first floor where commercial retail areas are provided. Susan Shroyer (4662 Dakota Street): Supported the project thus far, but believes the development has negatively affected her property value, it's livability and salability. Concemed with the purchase of the neighbor's property for parking. Pointed out that the second entrance of the park would be turned into a parking lot. Believed it is important to keep Lakefront a green area. Prior Lake only has 2 parks on the lake. Many citizens would not like this if they were aware of the issue. Wensmann dominates both ends of the park. The idea of a parking lot is not attractive. Bovles: Clarified that the Council is concerned with keeping both entrances of the park attractive, and that the Erie Street entrance act as a gateway to the Downtown area, which is why the City and Wensmann are cooperating to achieve many of the landscaping, entry and aesthetics that Ms. Shroyer describes. MOTION BY LEMAIR, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Zieska: Commented that Wensmann currently has a Private Use of Public Property easement. By making this action permanent, the City reduces its liability, and the City would still retain the 33 feet of right-of-way. LeMair: Asked if the existing status could be implemented indefinitely. Understands the concems of the neighbors, but believes the canopy is necessary for the public interest in the downtown streetscape, and eliminates potential City liability. Pace: Explained that right now the property is public right-of-way. By implementing the agreement, the owner and City acknowledge the private use, but retains the City's right to use the property and have the private use removed if necessary. The agreement also provides for liability issues. This action, if deemed in the public interest, would eliminate that requirement. Hauaen: Quoted MN Statute 412.851 which indicates that the Council may vacate easements for right-of-way by resolution. This is a change in the public interest. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLTION 03-112 VACATING 5.5 FEET OF THE ERIE AVENUE RIGHT-OF-WAY LOCATED ADJACENT TO 16154 MAIN AVENUE (Case File #03-055). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 7 City Council Meeting Minutes DRAFT July 7,2003 Hauaen: Remarked that Lakefront Plaza is the first project of the downtown redevelopment. The Council is very committed in redeveloping the downtown and tying it into Lakefront Park. The downtown boundaries will possibly be expanded as projects evolve. This is a long term commitment to redevelop. The Council took a brief recess. The meeting reconvened at 9:24 p.m. Consider Approval of a Resolution Denying a Request to Vacate a Portion of the Erie Avenue Right-of-Way Located Adjacent to 3235 Kent Street (Jolitz- Case File #03-057). Kirchoff: Reviewed the agenda item in connection with the staff report. Zieska: Asked if the proposed garage was to be built over right-of-way. Also asked if the vacation was not approved, could the applicant request a variance to the impervious surface requirement. Kirchoff: Advised that her understanding is that the request for the vacation is to add lot area and the vacated alley would be only for more green space. Noted that a variance could be requested, but it appears that other impervious surface on the site could be removed and the property owner could comply with the 30% impervious surface requirement. Zieska: Recalled previous action by Council where a railroad right-of-way green space area was included in an impervious surface calculation. Suggested this type of calculation rather than vacating. Rve: Stated that the instance referred to was a right-of-way that had been vacated and subsequently reverted to the property. Bovles: Redirected that the question before the Council is whether the request meets the criteria for a vacation of a public easement. Mayor Haugen opened the public hearing. Patrick Jolitz (3235 Kent StreeQ: Commented that the current garage existed when he purchased the property in 1997. He always anticipated improving the garage. Did not know there was an alley behind his property, and that City staff had suggested a vacation might be possible. The property is on a comer and during this process it was determined that he did not own 15 feet on one side. He only learned tonight that a vacation had to be in the public interest. Suggested that his best step seems to be to remove concrete or apply for a variance. MOTION BY PETERSEN, SECOND BY BLOMBERG TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. LeMair: Commented that it does not appear that a vacation meets the public interest, but that the property owner is more clear on what his options are to make the project work. Zieska: Noted that the primary issue is whether the vacation is in the public interest. Since utilities are running through the easement, did not feel a vacation was prudent. The applicant has other alternatives. Not in favor of the vacation. MOTION BY PETERSEN, SECOND BY BLOMBERG TO APPROVE RESOLUTION 03-113 DENYING THE VACATION OF A PORTION OF THE ALLEY RIGHT-OF-WAY ADJACENT TO THE PROPERTY AT 3235 KENT STREET. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 8 City Council Meeting Minutes DRAFT July 7,2003 Consider Approval of a Resolution Vacating a Portion of the Right-of-Way for Wild Horse Pass and the Drainage and Utility Easements Located on Lot 21, Block 4, Lots 14 and 15, Block 5 and Outlots A and B, The Wilds South and on Outlots A and B, The Wilds 5th Addition. (Case File #03-061) Rve: Reviewed the agenda item in connection with the staff report. Blombera: Asked where the new easements would be. Rve: Advised that the new easements are included on the final plat for Wilds 6th. Petersen: Did not believe there was a purpose for the easement. Mayor Haugen declared the public hearing open at 9:40 pm. Jim Stanton (developer): Believed Mr. Rye had covered all the pertinent points. MOTION BY LEMAIR, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING AT 9:40. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSON, SECOND BY BLOMBERG TO APPROVE RESOLUTION 03.114 VACATION A PORTION OF THE RIGHT-OF-WAY FOR WILD HORSE PASS AND THE DRAINAGE AND UTILITY EASEMENTS LOCATED ON LOT 21, BLOCK 4, LOTS 14-15, BLOCK 5, AND OUTLOTS A AND B, THE WILDS SOUTH AND ON OUTLOTS A AND B, THE WILDS 5TH ADDITION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. PRESENTATIONS Memorial Tree and Bench Program Pricing and Purchase of First Memorial Bench by the City Council. (McCormick) McCormick: Reviewed the programs and presented prices and benches available. LeMair: Asked if there was a markup on the price for the bench. McCormick: Advised that there is no markup and the City would provide installation and on-going maintenance. Anyone purchasing a bench would pay the $600 and the City assumes the installation and maintenance costs as part of the program. Hauaen: Suggested discussing an 8 foot bench for former City Council member Gene White who recently passed away. Zieska: Believed it was inappropriate to use City monies for this purpose at this time, and that if a bench was to be purchased, it would have to be by the five City Council members individually. LeMair: Commented that he certainly respected the contributions of Gene White to the community, but agreed that purchase of a memorial bench should not come from City funds. There become many more questions of where you draw the line on recognition of former Council members. He would be happy to participate on behalf of Gene on an individual basis. 9 City Council Meeting Minutes DRAFT July 7,2003 Petersen: Suggested this item be discussed at a later date. Blomben:l: Advised that she will honor the wishes her fellow Council members to discuss the item privately. Pace: Asked if the Council was going to choice a standard bench, or should there be three choices. McCormick: Explained that there would be 3 different types of benches within a given park. The Park Maintenance Supervisor is comfortable with any of the types proposed. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE MEMORIAL TREE AND BENCH PROGRAM AS PROPOSED. Blombera: Asked how it is determined where the benches would be placed. McCormick: Responded that the donator could pick the park and suggest the location, and the Parks Department advise if the location was feasible or what other options were available. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OLD BUSINESS: Consider Approval of Four Resolutions: (1) Approving a Cooperative Agreement with Scott County Relating to Construction of CSAH 23 as Part of the CSAH 23/ Five Hawks / TH13 / Ring Road, Phase 3 Improvement Project (City Project #02-06); (2) Approving a Cooperative Agreement with MnDOT for Construction of the Ring Road Phase 3 Project; (3) Authorizing Advertisement for Bids for the Ring Road Phase 2 and 3; and (4) Authorizing WSB & Associates to Provide Construction Engineering Services for the Ring Road Phase 2 and 3. McDermott: Reviewed the item in connection with the staff report. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03.115 AUTHORIZING BIDS FOR RING ROAD PHASE 2 (CITY PROJECT 01-01) AND TH 13/CSHA 23/RING ROAD PHASE 3 (CITY PROJECT 02-06). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03.116 APPROVING THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY TO IMPROVE CSAH 23 (SAP 70-623-007) FROM .126 MILES SOUTH OF TH13 TO TH13. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03.117 APPROVING THE COOPERATIVE AGREEMENT WITH MNDOT FOR THE TH13/CSAH 23/RING ROAD PHASE 3 IMPROVEMENT PROJECT (CITY PROJECT 02-06, SAP 201-020-03 AND 20-113-03). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03.118 AUTHORIZING WSB & ASSOCIATES, INC. TO PROVIDE CONSTRUCTION STAKING SERVICES FOR RING ROAD PHASE 2 (CITY PROJECT 01-01) AND TH13/CSAH 23/RING ROAD PHASE 3 (CITY PROJECT 02-06). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 10 .-----r--- City Council Meeting Minutes DRAFT July 7,2003 Consider Approval of a Resolution to Receive and Reject All Bids for the 2003 Lift Station Rehabilitation Project (City Project #03-05) and Authorizing the Staff to Solicit Bids. McCormick: Reviewed the agenda item in connection with the staff report. Bovles: Asked if time line was the bidder's primary concern which resulted in the higher bids. McCormick: Advised that the short time frame appeared to be a major constraint for the contractors. LeMair: Asked what the time line would be for a re-bid, and if extending the process would be significantly detrimental to the condition of any lift station. McCormick: Explained that to re-bid would take a five to six weeks for notice, receiving and evaluating bids, and then returning to Council for approval. Further advised that this fall would be the target for the lift stations in the worst condition, and that re-bidding should still allow enough time to get to the highest priority stations. The remainder of the project would be staged through to next spring. Petersen: Very surprised by the high bids. Believed it appropriate to re-bid. Blombera: Due to the large discrepancy, believed re-bidding was appropriate. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03.119 REJECTING THE BIDS FOR THE 2003 LIFT STATION REHABILITATION PROJECT (CITY PROJECT 03-05) AND AUTHORIZING STAFF TO SOLICIT BIDS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving Acquisition of Parcels from Assembly of God Church and B.C. Burdick for the Construction of Commerce / Boudin / TH13 Project (City Project #02-05), and Authorizing the Mayor and City Manager to Execute the Necessary Documents for the Purchase. Osmundson: Reviewed the agenda item in connection with the staff report. Petersen: Commented that this project has been in the works for quite some time. Believed it important to get the project completed. Zieska: Asked what work has begun in the area. Osmundson: Explained that there is grading work for widening and paving the highway. There are quite a number of lane shifts. LeMair: Complimented staff for moving the project forward, particularly without condemnation. Property acquisition is a complicated portion of any project. Hauaen: Asked if the ponding on site will be adequate to handle runoff from the intersection. 11 City Council Meeting Minutes DRAFT July 7,2003 Osmundson: Explained that the Walgreens site has a ponding area that empties into the same ditch. That water will be piped passed the two ponds, and then into the lake. Curb and gutter will be put in eliminating the ditch along part of the project. Any new water from the widening will be flowing into the two ponds to be treated in the future. The water you see now is part of the runoff from the Walgreens site, and will be addressed by the rerouting. MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 03-120 APPROVING ACQUISITION OF PARCELS FROM ASSEMBLY OF GOD CHURCH AND BC BURDICK FOR THE BOUDIN/COMMERCE/TH13 PROJECT (CITY PROJECT 02-05) AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Approving a Rezoning from C-5 to 1-1 for Property in the Deerfield Industrial Area (Case File #03-048). Rye: Reviewed the agenda item in connection with the staff report. LeMair: Advised that this proposal has not changed since the Comp Plan amendment. Zieska: Commented that the property to the south is Deerfield, asked who the owner is of the adjoining property. Since access will only be from the east, R4 appears to be the best use of the property. It is part of the industrial park. Rye: Explained that D.R. Horton has been buying additional parcels. The 4.25 acres is owned by Messenbrink and Gensmer. Blombera: Supported but advised the developer to make sure the appropriate buffers and tree lines are maintained. MOTION BY LEMAIR, SECOND BY BLOMBERG TO ADOPT ORDINANCE 03.10 AMENDING SECTION 1101.700 OF THE PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of an Ordinance Amending the Prior Lake City Code Regulating Hours for On-Sale Liquor Sales, and a Request from Captain Jack's to Authorize On-Sale Liquor Hours Until 2am. Boyles: Reviewed the agenda item in connection with the staff report. Petersen: Commented that changing to the 2am closing certainly moves the issues for police from 1 am-2am to 2am-3am. Support retaining the 1 am closing time, advising that Prior Lake is predominantly a residential community, and the legislature extended the hours for bars where west coast athletic events are shown. LeMair: Asked if the closing time was extended for Captain Jacks, would the closing apply to all bars in Prior Lake. Boyles: Advised that the bars would have to apply to the state and be granted a license extension, but any establishment would within Prior Lake would have that option if the 2am closing were adopted. 12 City Council Meeting Minutes DRAFT July 7,2003 LeMair: Believed that imposing a 1am restriction puts Prior Lake establishments at a disadvantage. Prior Lake is an entertainment community. The question becomes if you are going to stay in Prior Lake or go to Shakopee or Lakeville. Suggested implementing a 2am extension for holidays and Friday and Saturday nights. Zieska: Commented that changing an ordinance applies to all establishments in Prior Lake. Captain Jacks does have some unique circumstances being situated in a residential neighborhood. We heard from residents in the neighborhood on the issue of outdoor events. Although the issue of outdoor concert issue is separate, it does exemplify the corporate culture of Captain Jacks. If the closing remains at 1 am, it doesn't change how they already operate. Given the past issues, he is not willing to support extending the closing time. Lemair: Asked if it was another bar would the decision be different? Zieska: Responded that he may support it at some future time, but since Captain Jacks is the only applicant, and they have not followed the intent of City ordinances, nor have they been a good neighbor. His inclination is to error on the side of caution. Blombera: Advised that she has wrestled with this issue back and forth. Aft~r hearing the comments of other Councilmembers, she feels comfortable with her initial decision to support the 1 :OOam closing. Very concerned with traffic pattems that may result. Added that this is not about Captain Jack's, it is the location of the bar in a residential area. LeMair: Pointed out that the issues are being confused between specific to Captain Jacks, and all bars. Sympathized with the neighbors. Agreed that Captain Jacks has issues with outdoors events and being a good neighbor. All bars need to be considered as a whole. Blombera: Noted that she is not basing her decision on Captain Jacks as an establishment, but rather its residential location and traffic pattems. It is a difficult issue and feels comfortable with maintaining the 1 am closing. LeMair: Also concerned about looking at recruitment of restaurants to Prior Lake. Hauaen: Commented that there are some complexities with respect to Captain Jacks, but the focus of this discussion must be whether the City wishes to extend bar times beyond 1 am for Prior Lake as a whole. Petersen: Asked if the episodes taking place talked about tonight are a result of those participating in outdoor concerts or on weekends, or regularly occur. Boyles: Suggested that under State Statutes, the City could separate the districts into Downtown or residential areas. The Statutes currently extends closing times to 2:00am, but unless the City signs the permit and forwards it to the state, the extension cannot take place. Blombera: Repeated that she is not putting the two issues of outdoor events and the extended closing together. With respect to the Friday/Saturday 2:00 am closing, Shakopee stays open to 2:00 am 7 days a week, so the issue of hopping from one community to another still exists. LeMair: Believed the largest number of people attending those establishments are primarily on Friday and Saturday nights. Zieska: Noted that earlier this evening we extended liquor license for Hollywood Bar & Grill. Asked why the police might deny this type of extension. 13 City Council Meeting Minutes DRAFT July 7,2003 Boyles: Advised that failure to comply with past ordinances, such as outdoor events, or past citations for underage drinking, ect. Zieska: Repeated that failure of a business to comply with City ordinances in the past has been grounds for denial of future licensing or permits. Hauaen: Suggesting that maybe the City needs to have different activity of enforcement or set different expectations for compliance to ordinances. Commented that prior to the June 14 outdoor event at Captain Jack's, he had not heard any complaints. Believed if this was a big issue for years and years, it would be more of an issue over time. Recognized the June 14th event was a problem but that examining the issue in the bigger picture is necessary. It is just as important to recognize that people may choose not to go to Captain Jacks at all if they know that bar closes earlier. LeMair: Acknowledged the problems of the last event at Captain Jacks, but Captain Jacks also brings something to this community. He would hate to see it experience a setback. Is having a hard time with the fact that if it were someone else applying, the tone of the conversation might be different. Zieska: Stated that he did not intend to be derogatory to Captain Jacks because the business does bring value to the community. However, didn't think there was significant benefit to our community by extending the hours. Did not believe it appropriate to change an ordinance for one applicant. Blombera: Would like more time to think about it. Petersen: Agreed with Councilmember Zieska, since only one establishment is applying to stay open to 2:00am, it does not appear to be a pressing issue at this time. Hauaen: Comfortable with Zieska's suggestion in seeing how this plays out with respect to other businesses. Zieska: Concerned with the State's time line. It sounds like there is leeway. Does not want to table the discussion since a further request could take 10 years. Suggested being specific at 1 :OOa.m. until the staff comes forward and tells us it is necessary to reconsider. MOTION BY ZIESKA, SECOND BY PETERSEN, ADOPTING ORDINANCE 03-11 RETAINING THE 1:00 AM CLOSING FOR SALE OF INTOXICATING LIQUOR. VOTE: Ayes by Haugen, Blomberg, Petersen and Zieska, Nay by LeMair, the motion carried. Consider Approval of a Resolution Denying an Amendment to the Comprehensive Plan for the Property Located at 4666 Dakota Street (Wensmann- Case File #03-054). Rye: Reviewed the agenda item in connection with the staff report. Blombera: Asked how many spaces are proposed? Rye: Responded that the number of spaces goes back to the earlier vacation request that was deferred. The initial plan had approximately 20 parking stalls, but included the vacation of the 33 foot right-of-way along Erie Avenue. The exact number will depend on the trail location, entrance feature to Lakefront Park, and the rain garden project. Further advised that when this was brought to the Planning Commission, the intent was for 2 parking spaces per unit in the building. Since the parking was intended for senior residents, the parking demand is lower. 14 City Council Meeting Minutes DRAFT July 7, 2003 Kellv Murrav: Advised that the intent was to keep residents from parking in the "L" shaped lot in the commercial areas. There are 78 residential units and 78 parking stalls in the garage. There are 50 in the commercial parking lot. Zieska: Asked the lot length. Murrav: Approximately 37.5 feet wide by 200 feet long. Zieska: Believed the Planning Commission made a wise decision, in that this is piecemeal amendment to the Comp Plan. Suggested that the Comp Plan amendment should be considered with another piece of property, especially given the lot width. Lemair: Agreed with Councilmember Zieska to a certain extent, but agreed that more parking is needed downtown. You can't re-build Downtown without parking. This mayor may not be the perfect situation. Zieska: Agreed with Councilmember LeMair on the need for parking, but Lakefront Plaza has enough parking. The Council and staff have discussed both short-term and long-term parking. However, just this parcel by itself does not make sense. Blombera: Agreed with the Planning Commission. Would rather focus on an overall plan for parking downtown. Hauaen: Commented that the Council needs to look at the big picture for downtown to create more parking. It is in the staffs plan to look at this issue. This would be a bandaid. Supported the Planning Commission decision. Herb Wensmann: Concurred with the Council's decision, but would like the staff to look at the whole area. Providing adequate parking helps us with future planning. MOTION BY ZIESKA, SECOND BY BLOMBERG, APPROVING RESOLUTION 03-121 DENYING AN AMENDMENT TO THE COMPREHENSIVE PLAN FO RHTE PROPERTY LOCATED AT 4666 DAKOTA STREET. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving a Conditional Use Permit and a Preliminary Plat to be Known as Prior Lake Pond Addition. Kirchoff: Reviewed the agenda in connection with the staff report. LeMair: Commented that he is surprised to see that they could get that many units on the parcel. Believes it is consistent with the area. Supported the recommendation. Zieska: One of the conditions is to escrow funds to complete Majestic Lane. It is well documented where the road is going to be. Asked if there is some way the City and developer can negotiate something to finish the road. MOTION BY LEMAIR, SECOND BY ZIESKA, APPROVING RESOLUTION 03.122 APPROVING THE PRELIMINARY PLAT OF PRIOR LAKE POND ADDITION SUBJECT TO CONDITIONS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY BLOMBERG, SECOND BY ZIESKA TO APPROVE RESOLUTION 03.123 APPROVING THE CONDITIONAL USE PERMIT FOR A CLUSTER TOWN HOME DEVELOPMENT TO BE KNOWN AS PRIOR LAKE POND ADDITION. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 15 City Council Meeting Minutes DRAFT July 7,2003 Consider Approval of a Resolution Authorizing MFRA to Provide Professional Services for the Preparation of the Environmental Assessment Worksheet for the Deerfield Industrial Park Development. Rve: Reviewed the agenda item in connection with the staff report. Zieska: Asked staff to review the EAW process. Rve: Reviewed the requirements of the EAW process. MOTION BY PETERSEN, SECOND BY BLOMBERG, APPROVING RESOLUTION 03-124 APPROVING MFRA TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE DEERFIELD INDUSTRIAL PARK DEVELOPMENT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Amendment to the Zoning Ordinance to Allow Churches in Commercial Use Districts. Hauaen: Suggested tabling this item to another time. Councilmembers concurred. OTHER BUSINESS Blombera: Encouraged the community to participate in the City's National Night Out and Crime Drug Prevention programs. National Night Out is scheduled for Tuesday August 5th. Also commented on the October 20th Fall Fest 6:30 to 8:30, and suggested changing the time of the Council meeting in order that Councilmembers might participate in the Fall Fest. Councilmembers agreed to move the meeting to 8:30pm on October 20th with no workshop. With no other comments from Councilmembers, a motion to adjourn was made and seconded. The meeting adjoumed at 11:41pm. 16