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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA "TUESDA Y" SEPTEMBER 2, 2003 7:00pm Fire Station No.1 CITY COUNCIL WORK SESSION The City Council will conduct a work session at 5:30pm prior to the Council meeting on the following topics. . 2004 Budget Work Session No. 3 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. A) Wilds Parkway 'No Parking' 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF AUGUST 18, 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 Election Judge Appointments for 2003 General Election. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: NONE. 8. PRESENTATIONS: NONE 9. OLD BUSINESS:: A) Consider Approval of a Resolution Approving a Wetland Replacement Plan for Crystal Bay. 16~ Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 10. A) NEW BUSINESS:: Consider Approval of a Resolution Adopting Proposed 2004 City Budgets and Certifying Preliminary 2004 City of Prior Lake Property Tax Levy to Scott County Department of Taxation. B) Consider Approval of a Resolution Approving a Water Supply Interconnection Agreement between the City of Prior Lake and the Shakopee Mdewakanton Sioux Community. C) Consider Approval of a Resolution Approving the Vergus Avenue Sewer and Water Improvement Agreement Between the City of Prior Lake and Spring Lake Township. D) Consider Approval of Resolution Authorizing the Payment of Fa9ade Improvement Funds to (1) Jim Speiker d/b/a Speiker Insurance, and (2) Ed and Karen Fischer d/b/a Little Lakers Montessori School. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 090203 REGULAR COUNCIL MEETING MINUTES August 18, 2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Zieska and LeMair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, Community Development Director Rye, Planning Coordinator Kansier, and Administrative Assistant Meyer. Council member Petersen was absent. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. 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. No persons were present to address the Council. APPROVAL OF AGENDA: HauClen: Requested adding a presentation item to provide an update on the City's water usage, and a brief presentation regarding the status of orderly annexation. MOTION BY ZIESKA, SECOND BY BLOMBERG, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES Bovles: Clarified an address that was incomplete on page one to be 14945 Summit Circle. MOTION BY BLOMBERG, SECOND BY LEMAIR, TO APPROVE THE AUGUST 4, 2003 REGULAR MEETING MINUTES AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. 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 Monthly Fire Call Report. (F) Consider Approval of Resolution 03-140 Approving the Deerfield 16~ CIC Supplemental Plat. (G) Consider Approval of Resolution 03-141 Approving an Amendment to the Comprehensive Plan for the Property Located on the South Side of CSAH 21, Y, Block North of Colorado Street, Directly West of Duluth Avenue and East ot West Avenue. 16200 Eagle Creek Ave. 5.E., Prior Lake, Minnesota 55372-1714 / Ph, (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNJ1Y EMPLOYER City Council Meeting Minutes DRAFT August 18, 2003 BOYLES: Reviewed the Consent Agenda items. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE THE CONSENT AGENDA ITEMS AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PUBLIC HEARINGS: NONE. PRESENTATIONS: Oath of Office for Patrol Office Bradley Cragoe (Chief Bill O'Rourke) O'Rourke: Introduced the newest member of the Prior Lake Police Department, noting his credentials as a Wabasha County field training officer, and as a patrol officer for several other area enforcement agencies. Mayor Haugen administered the oath of office to Officer Bradley Cragoe and welcomed him to the Prior Lake staff. [ADDED] - Status of Water Supply Osmundson: Noted the extremely dry conditions and the impact it is having on the City's pumping capacity and subsequent ability to supply water for emergencies. The City is currently borrowing water from Savage through its interconnection. Advised that the City will be stepping up its enforcement of the water restrictions as a first step in addressing the most immediate concerns. If necessary, further watering restrictions may be necessary. Advised that most cities are experiencing a similar set of circumstances. Some cities have implemented total bans on any outdoor watering. Rain and a drop in temperature toward would be the most helpful remedy. Bovles: Added that in the immediate timeframe, the staff will focus on enforcement of the current restrictions to obtain the capacity to elevate the water level in the towers. However, a water emergency could be declared which would provide further restriction of the hours for watering. A total ban would be a last resort. LeMair: Referring to the Pubic Works Director's statistics on the level pumped from in the Jordan aquifer, asked if there was any way to predict or anticipate the level we can expect on an annual basis. Osmundson: Commented that there is no hard and fast rule for determining the level of the aquifer, or the level of storage to have on hand. A good rule of thumb is to store enough water in the event that you'd lose your largest well. As far as determining the level of the acquire, it is basically nature at work. The aquifer typically stabilizes during the winter months, but really we just need rain. Blombera: Asked the public to tell their neighbors and friends to conserve water at this time during the drought so that resources aren't wasted in enforcement, and water is available in an emergency. Hauaen: Discussed the goals of the 2020 Vision as it relates to the production and conservation of our water resources. Also discussed the future interconnect source with the SMSC, and the current interconnect with Savage. 2 City Council Meeting Minutes DRAFT August 18, 2003 Bovles: Reviewed the steps the City has taken to improve its water production capacity over the past two years, and the efforts the City has made to spread the word on conservation. Osmundson: Also suggest that property owners not fertilize or mow during this dry period, and to water landscaping plants and trees by hand. [ADDED} - Status of Orderly Annexation Bovles: Advised that last Thursday the Spring Lake Township Board approved the Orderly Annexation Agreement adopted by the City Council on July 21s1 bringing approximately 3000 acres into the City over the next 30 years. Hauaen: Commented that this has been a year long collaboration between the City and the Township in order to plan for the orderly develop as our communities continue to grow. The process of this agreement has been a true partnership, and will continue to take cooperation as it is implemented. OLD BUSINESS Consider Approval of an Amendment to the Zoning Ordinance Relating to Lots Separated from the Lakeshore by Private Common Open Space. Kansier: Reviewed the agenda item in connection with the staff report, noting the language revisions proposed since the Council last saw this item a few weeks ago. Blombera: Believed the language has clarified the concerns the Council had at the last meeting. Supported the motion. LeMair: Agreed that the language appears to address many of the concerns, but he is still uncertain whether an ordinance change is appropriate. Zieska: Commented that the real nuts and bolts issue is how big a back yard should be for a property on the lake. The proposed ordinance would allow a lakeshore home that abuts common open space to have a 10 foot back yard. It would unilaterally allow further encroachment on the lake. If a property is experiencing a speCific hardship, there is a variance process. Did not believe a 10 foot back yard was appropriate as an ordinance amendment because it opens up too many other avenues for encroachment. Blombera: Did not believe the Council would be allowing 10 foot backyards. Homeowners still have that choice to make, and the ordinance would apply only to developments existing prior to 1999. Zieska: Noted that the property owner's structure would still be only 10 feet from that open space. Hauaen: Asked if the property that precipitated this discussion has gone through the variance process. Bovles: Advised that the property in question went through two separate variance processes from two different owners. Both variances were denied. The current owner has not gone through the variance process. Hauaen: Asked in the staffs professional opinion, how often this type of provision would be applied. 3 City Council Meeting Minutes DRAFT August 18, 2003 Kansier: Explained that she would not be able to provide a specific number, but that it would impact properties in older areas like Inguadona Beach. As these areas of homes are remodeled, it is likely that the set back provision would apply in quite a number of cases. The property owners that precipitated this discussion are seeking to add a deck, but as ownership and families change, decks could become screened porches, and those become four season rooms, and then possible additions. All would be permitted under the proposed provision. HauQen: Would like to be reasonably accommodating, but given the potential to bring decks or additions closer to the lake, he could not support the amendment. LeMair: Commented that emotionally, he empathized with the property owner and would like to help, but cannot support the amendment given its impact to move larger structures closer to the lake. MOTION BY BLOMBERG, SECOND BY , TO APPROVE ORDINANCE 03.XX AMENDING THE ZONING ORDINANCE RELATING TO LOTS SEPARATED FROM THE LAKESHORE BY PRIVATE COMMON OPEN SPACE. WITHOUT A SECOND TO THE MOTION, THE AMENDMENT FAILED. BlomberQ: Asked that since a variance has been turned down in the past, is it likely that a variance process would yield any different outcome for this property owner. Pace: Advised that it is not likely at this time. Zieska: Empathized with the homeowner, but an ordinance applies on a much iarger scale and can have a greater impact on the community than just this particular property. NEW BUSINESS 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 16450 Anna Trail Sf. Kansier: Reviewed the agenda item in connection with the staff report. LeMair: Asked why test tracks would be prohibited, and if Diggers was purchasing the property. Kansier: Advised that there was concern about noise impacts upon the residential area. She understood that the property would be leased. Zieska: Asked if the Boy Scouts will still have a home for their Xmas tree sales. OOUQ NaQel (owner of Digger's Polaris): Confirmed. HauQen: Asked if not allowing test tracks poses any concern for the viability of the business operations. NaQel: Commented that there are no plans for a test track through any of the trees or landscape areas. He does not see any problem with just running the brief tests on the current asphalt. BlomberQ: Asked if the hours are outside general business hours. 4 City Council Meeting Minutes DRAFT August 18.2003 Naael: No. Blombera: Glad to see the CH Carpenter site being used and redeveloped. Wished the owner luck. Hauaen: Also complimented the owner on his efforts. Naael: Advised that Polaris wanted him to relocate outside of Prior Lake, but he has convinced them he can do what they want at this site. This will be a regional concept store. similar to operations like the Harley Davidson stores. Hauaen: Asked the requirement for fencing. and what the ownership arrangement for the building is. Kansier: Advised that aesthetically the fence materials need to be decorative or wood fencing. Chain link fencing would not be permitted. Naael: Advised that any storage or stacking or materials would take place on the rear side of the building not visible from the road. An 8-foot cedar fence is likely along TH13. The deal is for a 7-year lease with an option to buyout after 2 years. Hauaen: Suggested adding language in the resolution clarifying the fencing conditions. MOTION BY LEMAIR. SECOND BY ZIESKA, TO APPROVE RESOLUTION 03-142 APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE SALES ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE. VOTE: Ayes by Haugen, Blomberg. Zieska and LeMair, the motion carried. MOTION BY BLOMBERG. SECOND BY LEMAIR. TO APPROVE RESOLUTION 03-143 APPROVING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE REPAIR ON PROPERTY LOCATED AT 16450 ANNA TRAIL SE. VOTE: Ayes by Haugen, Blomberg. Zieska and LeMair, the motion carried. 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). Kansier: Reviewed the agenda item in connection with the staff report. Blombera: Asked if staff would agree that commercial buildings cannot be put on this site. Kansier: Advised that because of the topography of the site, any type of development will be challenging. Zieska: Commented that until the City completes its study on viable commercial properties within the City. he would rather err on the side of caution and leave the current designation. LeMair: Asked what type of uses fall in the Hospitaiity-General Business designation. Kansier: Advised that this is the City's most intensive commercial designation. Uses from hotels to restaurants or general retail are permitted. LeMair: Agreed with Councilmember Zieska in that if a change is ultimately necessary. at this point it is premature. 5 City Council Meeting Minutes DRAFT August 18. 2003 HauClen: Believed that changing the current designation is contrary to the City's 2020 Vision to promote the commercial viability olthe City. Blomberll: Agreed with the comments of the Council members. MOTION BY ZIESKA, SECOND BY BLOMBERG, APPROVING RESOLUTION 03.144 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). VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving a Comprehensive Plan Amendment for Property Located on the East Side of CSAH 17 and Approximately Y, Mile North of CSAH 12. Kansler: Reviewed the agenda item in connection with the staff report. LeMalr: Supported approval because it appears consistent with the surrounding properties. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-145 APPROVING A COMPREHENSIVE PLAN AMENDMENT FOR PROPERTY LOCATED ON THE EAST SIDE OF CSAH 17 AND APPROXIMATELY Yo MILE NORTH OF CSAH 12. VOTE: Ayes by Haugen, Blomberg, Zieska and LeMair, the motion carried. OTHER BUSINESS Zieska: Advised that the Fire Department Annual Chicken BBQ is taking place September 6th at the VFW and is one of the Fire Departments major fund raising efforts. The public is encouraged to attend to support their volunteer firefighters. With no other comments from Councilmembers, a motion to adjourn was made and conded. The meeting adjourned at 8:47pm. Frank Boyles. City Manager 6