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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA AUGUST 18, 2003 7:00pm Fire Station No. 1 JOINT WORK SESSION WITH CITY COUNCIL, PLANNING COMMISSION, LAKE ADVISORY COMMITTEE, AND DNR 5:30pm pr/or to the Council meeting on the following topics. · Bluffs · Docks This meeting is open to the public. 1. CALL TO ORDER 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 AUGUST 4, 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 ara 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 Treasurer's Report C) Consider Approval of Building Permit Report D) Consider Approval of Animal Warden Monthly Report E) Consider Approval of Monthly Fire Call. F) Consider Approval of a Resolution Approving the Deerfield 16th CIC Supplemental Plat. G) Consider Approval of a Resolution Approving an Amendment to the Comprehensive Plan for the Property Located on the South Side of CSAH 21, ¼ Block North of Colorado Street, Directly West of Duluth Avenue and East of West Avenue. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: NONE. 16~00 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 8. PRESENTATIONS:: A) Oath of Office for Patrol Officer Bradley Cragoe (Bill O'Rourke) 9. OLD BUSINESS:: A) Consider Approval of an Amendment to the Zoning Ordinance Relating to Lots Separated from the Lakeshore by Private Common Open Space. 10. NEW BUSINESS:: A) Consider Approval of (1) a Resolution Approving a Conditional Use Permit to Allow Motor Vehicle Sales, and (2) a Resolution Approving a Conditional Use Permit to Allow Motor Vehicle Repair, on Property Located at 14950 Anna Trail SE. B) Consider Approval of a Resolution Denying an Amendment to the Comprehensive Plan for the Property Located on the South Side of CSAH 42 and West of County Road 83 (Case File #03-77). C) Consider Approval of a Resolution Approving a Comprehensive Plan Amendment for Property Located on the East Side of CSAH 17 and Approximately % Mile North of CSAH 12. 11. OTHER BUSlNESS/COUNClLMEMBER REPORTS: 12. ADJOURNMENT 081803 REGULAR COUNCIL MEETING MINUTES August 4, 2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers B[omberg, Petersen, Zieska and LeUair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, Planning Director Rye, Planning Coordinator Kansier, Planner Kimhoff and Administrative Assistant Meyer. Mayor Haugen advised that at the conclusion of the City Council work session eadier 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 govemmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. Jeff Holter (2707 Wilds Lane NW): Presented a petition of Steding South homeowners to block the extension of Wilds Lane to Oak Lane. Discussed the implications of turning the cul-de-sac into a through street including the safety of children in the area, the narrowness of the read, and creating a 3rd exit from the development. Added that property owners were told that the neighborhood would be closed, and that there would be an undue burden on the association for the maintenance of the private read if it became a through street. Requested that the entire neighborhood receive notice of any application and subsequent process, and invited Councilmembers to review the area. Bo¥1es: Advised that no application had been received by the developer at this time. Further advised of the public hearing process for a planned unit development amendment. Pace: Commented that to request that the staff provide notification of persons outside the ordinance requirement sets a precedent for inconsistency in the process. Suggested that if notification is desired, that the property owners themselves provide the staff with a list, or call City Hall asking to be put on a list for that item. John Bachelor ~{2711 Wilds Lane NW): Advised that a tremendous amount of grading work has occurred on the adjacent property. Commented that there are several issues with easements and concerns with opening access to CSAH 83 or CSAH 82. John Michaletz.( Wi~dsLaneNW):Discussedthevacati~n~fap~rti~n~fWi~dsLanet~thesubdivisi~n~fPreserveat the Wilds. Concemed that an access easement was not required and therefore landlocked the Sterling South development which puts the neighborhood at the memy of the developer. Hau.qen: Suggested that Mr. Uichaletz work with the City Manager and City Attorney to further review the access issues since the Council was not in a position to address the legalities at this time. 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 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes DRAFT August 4, 2003 APPROVAL OF AGENDA: Hau.qen: Requested adding an item under Other Business to acknowledge the volunteers of Lakefront Days. Bo¥1es: Requested deleting item 1OR since the seller was not yet prepared to accept the offer. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Bio.berg, Petemen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES MOTION BY BLOMBERG, SECOND BY LEMAIR, TO APPROVE THE JULY 21,2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Bio,berg, Petersen, Zieska and LeMair, the motion carded. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Resolution 03-132 Authorizing Full and Final Payment to Keys Well Ddlling for the Construction of Well No. 7 (City Project 02-04). (C) Consider Approval of Resolution 03-133 Approving Acquisition of Pamels from the Sport Logix Corporation for the Boudin / Commerce / TH13 Project (City Project 02-05) and Authorizing the Mayor and City Manager to Execute the Necessary Documents for the Pumhase. (D) Consider Approval of Resolution 03-134 Approving Prior Lake VFW Post #6208 Premise Permit for Lawful Gambling. (E) Consider Approval of Resolution 03-135 Approving a Revision to the Mutual Aid Agreement for Police Services with Scott County and Other Scott County Communities. (F) Consider Approval of a Temporary On-Salelntoxicating Liquor License Extension forCaptain Jacks. BOYLES: Reviewed the Cgnsent Agenda items. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE THE CONSENT AGENDA ITEMS AS SUBMITTED. VOTE: Ayes by Haugen, Bio.berg, Petersen, Zieska, and LeMair, the motion carded. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PUBLIC HEARINGS: NONE. PRESENTATIONS: NONE. City Council Meeting Minutes DRAFT August 4, 2003 OLD BUSINESS Consider Approval of (1) a Resolution Approving a Final Plat and Authorizing Execution of the Standardized Development Contract for Windsor Estates; (2) a Resolution Approving the Joint Powers Agreement between the City of Prior Lake and City of Savage for Perpetual Maintenance of Storm Water Ponding; and (3) a Resolution Approving the Cooperative Agreement between the City of Prior Lake and Scott County for Access Modification of CSAH 42 (Case File No. 03-06). Kirchoff: Reviewed the agenda item in connection with the staff report. Zieska: Suggested that the median stay open as long as possible in order to best accommodate traffic flow. LeMair: Asked if there were any proposed changes since the Council last reviewed the item. Kirchoff: Advised that no changes were made and all preliminary conditions have been met. MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE RESOLUTION 03-136 APPROVING THE FINAL PLAT AND AUTHORIZING EXECUTION OF THE STANDARDIZED DEVELOPMENT CONTACT FOR WINDSOR ESTATES. VOTE: Ayes by Haugen, BIomberg, Petersen, Zieska and LeMair, the motion carded. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-137 APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND CITY OF SAVAGE FOR PERPETUAL MAINTENANCE OF STORM WATER PONDING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-138 THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF PR[OR LAKE AND SCOTT COUNTY FOR ACCESS MODIFICATION OF CSAH 42. VOTE: Ayes by Haugen, Blomberg, Peteresen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Requesting an Advance Encumbrance of Municipal State Aid Funds, Osmundson: Reviewed the agenda item in connection with the staff report. Boyles: Asked if there is any potential that Municipal State Aid moneys will be affected by the State Budget deficits. Osmundson: Advised that the MSA funds are set aside by the State Constitution and are funded through the gas tax. It would be a difficult task to re-direct those funds with enormous impacts. It is very unlikely. Blomber,q: Clarified that this is not the City borrowing money that it has to pay back. This is an advance of moneys dedicated annually to the City. Osmundson: Confirmed. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-139 REQUESTING AN ADVANCE ENCUMBRANCE OF MUNICIPAL STATE AID FUNDS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 3 City Council Meeting Minutes DRAFT August 4, 2003 Consider Approval of a Resolution Denying an Amendment to the Comprehensive Plan for the Property Located on the South Side of CSAH 21, % Block North of Colorado Street, Directly West of Duluth Avenue and East of West Avenue (Case File 03-069) Kansier: Reviewed the agenda item in connection with the staff report, noting that the Planning Commission rationale for the denial was that the area should be reviewed as part of the larger overall area. LeMair: Asked if the property owners are in favor of the re-designation. Kansier: No opposition was expressed during the public hearing process. Gary Staber (property owner): Supported the action. Zieska: Asked if the action was to make the property marketable in a different perspective, or was a specific development in place. Staber: Marketing. LeMair: Asked the timeline for a Comp Plan amendment process for the overalr area from Downtown to the Lake. Kansier: Explained the process and advised that the process would likely take up to four months to develop what the potential directions could be throughout the area. Zieska: Asked when the zoning would then have to be changed to be consistent with the Comp Plan. Kansier: Advised that State law requires that the zoning match the Comp Plan designation within 9 months. Petersen: Believed that since this is a larger pamel, did not see that this was necessarily a piece meal amendment. Blomber.q: Commented that she agreed with the Planning Commission in that the staff, Planning Commission and City Council should get together and develop a plan for the overall area. However, since this is a larger parcel, and because a Comp Plan amendment would put the neighborhood on notice that this is the direction of the 2020 Vision and Strategic Plan, would support the amendment. Haugen: Agreed with the comments of the other Councilmembers. Also supported the amendment. MOTION BY PETERSEN, SECOND BY LEMAIR TO DIRECT STAFF TO PREPARE A RESOLUTION TO AMEND THE COMP PLAN FOR THIS PROPERTY TO CTC. Zieska: Commented that he appreciated the position of the Planning Commission and agreed that the process needs to proceed for overall amendment to the Comp Plan for the area. However, agreed with his fellow Councilmembers that the re- designation of this property is appropriate given its size and the goals of the Strategic Plan. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. 4 City Council Meeting Minutes DP~FT August 4, 2003 Hau,qen: Commented on how many projects are underway in the redevelopment of the Downtown area. Noted that it takes many steps along the way and there may not be a defined map to show residents how the Downtown, Lakefront Park, and the Lake will be connected, but the 2020 Vision defines that as a goal for this community. This is all a step-by-step process and won't happen overnight. This amendment is an example. Consider Approval of a Zoning Ordinance Amendment to Eliminate the Average Front Yard Setback Requirement in Residential Use Districts. Kirchoff: Reviewed the agenda item in connection with the staff report, noting staff and Planning Commission support. Petersen: Asked the definition of the front yard for lakeshore property. Kirchoff: Advised that the front yard is the lot line that abuts the right-of-way. BlomberR: Asked if the intent is to clear up the issue with inconsistencies in lot sizes. Kirchoff: Confirmed. Zieska: Agreed that it makes sense to find ways to treat similar property consistently. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 03-t4 ELIMINATING THE AVERAGE FRONT YARD SETBACK REQUIREMENT IN RESIDENTIAL USE DISTRICTS. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Zoning Ordinance Amendment to Reduce the Rear Yard Setback on Lots Separated from the Lakeshore by Platted Open Space. Kirchoff: Reviewed the agenda item in connection with the staff report, noting that the Pranning Commission did not support the amendment, and staff recommends approval Blomber,q: Asked if the intent of the 25 foot setback was to prohibit encroachments onto rear property owners, and that the proposed amendment affects rear rots that are already open space in some manner. Kirchoff: Confirmed but added that water*oriented structures may be permitted. Petersen: Asked who typically owns the platted open space. Kirchoff: Commented that the property is typically platted open space for the use of the property owners within the development. Kansier: Added that there are other similar developments that platted open lakeshore space. Zieska: Commented that in the interest on treating all properties fairly, if building is permitted within 10 feet of open space, whether public parks or private lake access, then the entire ordinance should be amended to be consistent. Would not support the motion in that case. 5 City Council Meeting Minutes DRAFT August 4, 2003 Rye: Commented that the differentiating factor would be the 75 foot requirement from the OHW, which would remain in place. The staff looked at the intent of the setback from the lake in connection with the rear yard setback. Zieska: Commented that his objection is to permitting any structure with a 10 foot rear yard setback. Bo¥1es: Clarified that the concept was to try to find a means of providing some degree of flexibility in unique instances. Zieska: Asked how variances to the rear yard setback would then be treated. Rye: From a zoning administration standpoint, the preference is to amend the ordinance vemus requiring numerous variances. R-1 lots are treated differently than shoreland district lots in other instances. The intent was to deal with existing cimumstances where there is deeded open space to the public. Hau,qen: Commented that the focus is on riparian owners and the pemeption is visual. 75 feet is 75 feet. Supported the staff recommendation. Blomber.q: Asked if there have been significant requests for variances to build closer to parks. Lakeshore lots are different. Rye: No excessive requests had been received to build closer to parks. LeMair: Added that often parks are developed after the fact. Believed that if the ordinance remained specific to riparian lots and a precedent is not established, he would support the motion. Zieska: Commented that if the retionale is aesthetics, asked what the difference would be with a 10 foot setback versus a zero yard setback. Rye: Advised that the City typically requires a 10 foot easement. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 03-__ REDUCING THE REAR YARD SETBACK ON LOTS SEPARATED FROM THE LAKESHORE BY PLATTED OPEN SPACE. Hauf:len: Asked for clarification of the specific language. Pace: Suggested that additional language be added to clarify if this provision applies when setback averaging is being applied or not. Kansier: Advised that setback averaging could apply in addition to the proposed provision. Pace: Suggested that staff propose a minor amendment for clarification. Hau.qen: Also would like to see a differentiation between public and private open space. LEMAIR WITHDREW THE MOTION, BLOMBERG WITHDREW THE SECOND. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO DEFER THIS ITEM TO AUGUST 18, 2003 CLARIFYING THE LANGUAGE OF THE PROPOSED ORDINANCE AMENDMENT AS DISCUSSED. VOTE: Ayes by Haugen, Blomberg, Petersen and LeUair, Nay by Zieska, the motion carried. 6 City Council Meeting Minutes DRAFT August 4, 2003 Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into a Purchase Agreement for Property Located at 16328 Main Street. [THIS ITEM WAS REMOVED FROM THE AGENDA]. OTHER BUSINESS Lakefront Days Volunteer Acknowledgement Hau,qen: Commented on the very-well attended, wonderful Lakefront Days celebration, Thanked all those who attended, as well as the Chamber of Commerce who coordinated the events. Also thanked the City staff who worked very hard throughout the weekend. Executive Session Mayor Haugen advised that the Council would be resuming the earlier Executive Session. No formal action was required as a result of the Executive Session. With no other comments from Councilmembers, a motion to adjourn was made and,.~onded. The meeting adjourned at 9:27pm. Frank Boyles, City Manager retary