Loading...
HomeMy WebLinkAbout072103 Regular REGULAR COUNCIL MEETING MINUTES July 21, 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, Planning Director Rye, Public Works Coordinator McCormick and Administrative Assistant Meyer. Mayor Haugen advised that at the conclusion of the City Council work session earlier this evening, the City Council held an Executive Session to discuss condemnation litigation associated with the Ring Road improvement project. No formal action was taken. 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. John Hoyne (property at intersection of CSAH 82 & CSAH 17): Concerned with the proposed improvements to CSAH 82 making it a four-lane read divided by a median, particularly with respect to access to his property. Asked the City's vision for the area. Also concerned about the wildlife habitat across the street. It is likely that his property will be sacrificed for the read project and the expansion of Mystic Lake Casino. Would like to be able to market the property commercially, which would need a re-designation by the City from rural residential. Looking for feedback and options. Hauflen: Suggested that he work directly with Public Works Director Bud Osmundson and City staff regard his options. Osmundson: Advised that the road is planned to become a four-lane roadway, although the project is very eady in the process. A preliminary design has been drawn, but no specific center lines or surveys for the property have been determined. Consideration hasn't been given to commercially designate the property, but it could be considered. Hoyne: Advised that the read project will leave his house with a very short ddveway and little usable space on the property because the most usable portion of the land is toward the front due to the wetland in the rear. It is likely that they will not be able to carry on their current day care business. If a significant portion of the property is taken, they would like to see the entire property taken. The value of the land will drop significantly. Hauflen: Empathized with the anxiety that Mr. Hoyne may be experiencing. Suggested Mr. Hoyne work with staff, but advised that the County is the lead agency on the project. Boyles: Advised that the County will try to address most of the concerns raised at the informational meeting. Reminded Mr. Hoyne that this project is still in the very preliminary stages. No other persons were present for the public forum. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 City Council Meeting Minutes July 21, 2003 APPROVAL OFAGENDA: Boyles: Asked the Council to add as Item 10G consideration of a resolution authorizing the issuance of $715,000 in general obligation re-funding bonds for 2003. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. APPROVAL OF MEETING MINUTES MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE JULY 7, 2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carded. CONSENT AGENDA: (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 Resolution 03-125 Approving the Common Interest Community Number 1118 (Timbemrest Village Homes) CIC Plat. (E) Consider Approval of Resolution 03-'126 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, 2003. BOYLES: Reviewed the Consent Agenda items. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE CONSENT AGENDA ITEMS AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENTAGENDA:NONE. PUBLIC HEARINGS: NONE. PRESENTATIONS Proclamation for National Night Out. Mayor Haugen declared Tuesday, August 5th as National Night Out in Prior Lake and encouraged Prior Lake residents to participate in this 20~ Annual crime prevention event with their friends and neighbors. 2 City Council Meeting Minutes July 21, 2003 Presentation for Lakefront Days 2003 (Chamber President Steve Kramer) Kramer: Reviewed each of the events scheduled for Lakefront Days 2003, July 29th through August 3rd. MOTION BY ZIESKA, SECOND BY LEMAIR TO WAIVE THE FEES AT THE SKATEBOARD PARK WITH APPROPRIATE SAFETY EQUIPMENT AND WRITTEN WAIVER FROM THURSDAY, JULY 31st THROUGH AUGUST 3rd, VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Boyles: Noted that due to parking limitations at Lakefront Park, encouraged residents to use the Laker Lines shuttles. The hours of operation have been expanded. Also reviewed the ways residents can find out more about the events at Lakefront Days. Haugen: Thanked the Chamber for all of their efforts and wished all the sponsors a great Lakefront Days event. OLB BUSINESS 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 TH13 / CSAH 21 / Five Hawks Avenue Intersection and Authorizing the Mayor and City Manager to Enter into an Agreement, McDermott: Reviewed the agenda item in connection with the staff report. Petersen: Asked if the LED lights will be used. McBermott: Confirmed. MOTION BY PETERSEN, SECOND BY LEMAIR, APPROVING RESOLUTION 03-127 APPROVING THE COOPERATIVE AGREEMENT WITH MNDOT AND SCOTT COUNTY REGARDING THE OPERATION AND MAINTENANCE OF A TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT AT TH13 / CSAH 21 / FIVE HAWKS AVENUE INTERSECTION AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Authorizing the Removal of "No Parking" Signs along the North Side of Tower Street. McCormick: Reviewed the agenda item in connection with the staff report. This action is in response to a petition received by residents of the Highway Townhome development. Blomber.q: Asked if there has been any opposition to the petition. McCormick: Confirmed that she had not received any opposition. Zieska: Suggested adding a winter parking regulations sign. LeMair: Commented that he likes to be able to accommodate the residents when it makes sense and comes at their request. 3 City Counc# Meeting Minutes July 21, 2003 Hau.qen: Asked if there is concern with having no pedestrian travel way. McCormick: Noted that the staff is concemed that there is no sidewalk or trailway, which is the rationale for providing parking only along the north side. This would allow the pedestrians to use the boulevard along the south side. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03-'128 AUTHORIZING THE REMOVAL OF "NO PARKING" SIGNS ALONG THE NORTH SIDE OF TOWER STREET. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. Consider Approval of a Resolution Authorizing the Installation of "No Parking Vehicles with Trailers" Signs at Pleasant Meadow Lane. McCormick: Reviewed the agenda item in connection with the staff report. LeMair: Asked for clarification as to the 2500 foot perimeter. McCormick: Read from the ordinance, noting that the provision provides that the Council may restrict parking by resolution. Zieska: Believes this action is receptive to the residents. This discussion seems to go on and on as the lake becomes more popular. For public safety reasons, believed it is necessary to restrict the trailer parking. There doesn't appear to be a permanent solution. Petersen: Agreed that the problem continues. Blomber.q: Commented that besides the safety perspective, parking of vehicles with trailers impedes visibility and imposes a risk to the families of those property owners. LeMair: Stated that he'd like to see this issue taken one step further in finding more alternatives. He has heard frustrations from both ends of the spectrum from property owners frustrated with the parking, to boaters frustrated with not being able to get on the lake. Haugen: Suggested that the issue be directed to the Lake Advisory Committee and Park Advisory Committee for research, review and comment. Bo¥1es: Advised that it is likely that, even if the LAC and PAC review, the issue will come back to the Council with the question of whether it wishes to purchase land to develop parking. Zieska: Believed Councilmember LeMair has a valid point in trying to come up with a solution for non-lakeshore owners to have opportunities to utilize Prior Lake. Hau.qen: Commented that this discussion and a solution for this issue will also be addressed through the City's 2020 Vision and the redevelopment of Downtown tying that area to the lake. Zieska: Agreed, but also advised that it is not the responsibility of the City to provide a parking spot for everyone who wishes to put in a boat. LeMair: Agreed, but would like to see some additional consideration be given for Prior Lake residents. 4 City Council Meeting Minutes July 21, 2003 Petersen: Advised that some communities have a maximum occupancy for lake access. Suggested that the lake advisory committee consider that as well. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-'129 AUTHORIZING THE INSTALLATION OF "NO PARKING VEHICLES WITH TRAILERS" SIGNS AT PLEASANT MEADOW LANE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carded. Consider Approval of an Orderly Annexation Resolution with Spring Lake Township. Boyles: Reviewed the agenda item in connection with the staff report. Complimented the Council's subcommittee, Attomey Pace and other staff members who have been involved with this process. Hau.qen: Commented that approximately six weeks ago, the City and Township held a joint public headng and since that time the Township and City have worked to adequately resolve the outstanding issues. Complimented Township Supervisor Steve Pierson on his tireless representation of the Township's position. Further recognized the importance partnership played in developing an agreement he believes will be beneficial in controlling growth in our community. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION 03-130 AMENDING THE ORIGINAL ORDERLY ANNEXATION AGREEMENT DOCKET #A-2146(OA)-2 AND PROVIDING FOR THE ORDERLY ANNEXATION OF CERTAIN AREAS WITHIN SPRING LAKE TOWNSHIP TO THE CITY OF PRIOR LAKE. LeMair: Commented that although the process has been lengthy, its significance is unprecedented for our combined communities. Zieska: Had several concerns, particularly with the provisions for tax feathering at 6.3, 6.4, 6.6, and 7.2. Boyles: Explained the provisions providing credit for compliant and non-compliant septic systems, and explained the difference between the two. Zieska: Commented that in paragraph 7.2.1, concemed that the table does not accurately refiect the credits given. Should be from years 0 to 19, rather than 1 to 20, otherwise full credit is given fora pedod of two years. In addition, the date for the system installed with new construction should be the date of issuance of the certificate of occupancy. Pace: Added that the date of replacement systems should be the date of final inspection by the regulatory authority. Zieska: Further commented that in developing parks whether or not included in the 5-year CIP, it would not be appropriate to use Capital Park Funds which were collected pdor to the annexation. Blomber.q: Complimented those involved and called upon the Township to accept the City's good-faith efforts through negotiation and accept the document as well. Hau.qen: Also complimented the exemplary effort, time commitment and emotion that City Manager Boyles has devoted to the management of the negotiations and issues associated with annexation throughout the process. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. City Council Meeting Minutes July 21, 2003 Consider Approval of an Amendment to the Zoning Ordinance Allowing Churches in Commercial Zones as a Permitted Use. Rye: Reviewed the agenda item in connection with the staff report. Bo¥1es: Understood that chumh property would not automatically transfer the zoning designation from residential to commemial. Rye: Confirmed, noting that an application would need to be made and then each case would be required to go through the entire process. Zieska: Since there is a limited amount of commercial land available, supported the Planning Commission decision in that it is not likely to impact a large number of congregations. LeMair: Agreed. Boyles: Also added that the City is in the process of entering into an agreement with a consultant to review the need for the amount of commercial property available and that the market can sustain. Zieska: Commented that there are some instances where he could see re-zoning a church property, but did not see a pressing need to amend the ordinance. Haugen: Since the items would need to be approved individually through the zone change process, he would support the change. Zieska: Commented that his concern is not with the re-use of existing church properties, but rather those churches that wish to development a church in a commercially zoned district. Rye: Explained that under this ordinance, a church wishing to develop a church in a commercially zoned district, can be completed administratively. Blomber,q: Asked if there is any way a church can change its zoning designation without this ordinance. Pace: Advised that in that case, the church becomes a legal non-conforming use, and may only be re-built as a use permitted within that zoning district. Also noted that in most cases existing churches are near existing residential areas, and thus the issue of spot-zoning. Zieska: Commented that more realistically, in that instance, the church probably has something else in mind for the property. Hau.qen: Agreed with Councilmember Zieska that if there was a means through the existing ordinance of accommodating the Assembly of God Church property, this amendment did not appear appropriate. Blomber,q: Agreed, even though most churches probably won't come in to build on commercial land. If the same results can happen without changing the ordinance, she would not support the amendment. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE ORDINANCE 03- AMENDING THE ZONING CODE TO ALLOW CHURCHES IN COMMERCIAL ZONES AS A PERMITTED USE. VOTE: Ayes by Petersen and LeMair, Nayes by Haugen, Blomberg, and Zieska, the motion failed. City Council Meeting Minutes July 21, 2003 The Council took a brief recess. Consider Approval of an Ordinance Amendment to the City Code Section 707, Storm Water Management and Revising the Storm Water Management Fee. Osmundson: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 03-12 AMENDING CITY CODE SECTION 707, STORM WATER MANAGEMENT AND REVISING THE STORM WATER MANAGEMENT FEE. Hau,qen: Commented that 10 years is a long time without a review of the fee. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. Consider Approval of an Ordinance Amendment Relating to False Alarms. Boyles: Reviewed the agenda item in connection with the staff report. Hau.qen: Pointed out that the offenders who have not paid have been repetitive offenders. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE ORDINANCE 03-13 AMENDING SECTION 806 OF THE CITY CODE RELATING TO THE COLLECTION OF FEES FOR FALSE ALARMS. Petersen: Noted that the ordinance was initially put in place to respond to excess false alarm called responded to by the fire department, and the list of violators seem to be from police calls. Posed the question if this is where we want to be given that the police department is a paid 24-hour service. Zieska: Believes that responding to false alarms, especially repetitive offenders who may just not be taking the time to learn their security systems, means that the officers aren't doing something else, and may mean they are lax when responding to a repetitive offender's property in a completely unrelated call. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. [Added- Consider Approval of a Resolution Authorizing the Issuance of $715,000 in General Obligation Re-Funding Bonds for 2003. Steve Mattson (fiscal consultant, North/and Securities): Reviewed the terms of the proposal for issuance of $715,000 in General Obligation Re-Funding Bonds for 2003, noting the result will be an estimated savings to the City in the amount of $23,481. Briggs & Morgan, the City's bond counsel, has prepared a resolution for Council consideration. Petersen: Asked the rate of the existing bonds. Mattson: Stated the existing rate is 4.338, with the new coupon at 2.40. 7 City Council Meeting Minutes July 21,2003 MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 03-131 AUTHORIZING ISSUANCE OF $715,000 IN GENERAL OBLIGATION RE-FUNDING BONDS FOR 2003. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS Zieska: Asked for an update on the staffing for park & recreation given the privatization of the dance program. Bo¥1es: Explained that the receptionist position that primarily supported the dance program has been redirected to supporting the implementation of the Laserfiche records retention system, as well as taking back some of the duties transferred to the front-desk receptionists. A summer intem has also been hired. Zieska: Asked that the Council agenda materials be available immediately on the City's web site, and also that the annexation areas be incorporated into the special assessment policy. Staff confirmed that the City Council agenda materials are available on the web site at the same time they are distributed to Councilmembers prior to each Council meeting. With no other comments from Councilmembers, a motion to adjourn was made and seconded. The meeting adjoumed at 9:20pm.~-~ ~ Frank Boyles, City Manager I~elly Meyer'"~ecording Secretary