Loading...
HomeMy WebLinkAbout010603 RegularREGULAR COUNCIL MEETING MINUTES Janua~ 6,2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska, and LeMair, City Manager Boyles, Public Works Director Osmundson, Community Development Director Rye, City Engineer McDermott, Assistant City Manager Walsh, Police Chief O'Rourke, and Recording Secretary Meyer. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concems 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 at the public forum. APPROVAL OF AGENDA: MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE THE AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. OATH OF OFFICE Hau.qen: Administered the Oath of Office to Andrea Blomberg. Andrea then took her seat filling the unexpired term of Councilmember Gundlach which concludes on December 31, 2003. APPROVAL OF DECEMBER 16, 2002 REGULAR MEETING MINUTES MOTION BY ZIESKA, SECOND BY LEMAIR, TO APROVE THE DECEMBER 16, 2002 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carried. Councilmember Blomberg abstained. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. Bo¥1es: Reviewed the Consent Agenda items. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes January 6, 2003 PUBLIC HEARINGS: Consider Approval of a Resolution Upholding the Decision of the Planning Commission to Deny a 2g-Foot Variance to Allow a 40-Foot Shoreland Setback (Marg and Layton Kinney) Kirchoff: Reviewed the agenda item in connection with the staff report. Mayor Haugen declared the public hearing open. Mar,qe Kinney (14458 Shady Beach Road): Submitted an outline of her presentation as well as exhibits that would become part of the record. Introduced her twelve family members, and continued to discuss why she is appealing the Planning Commission's ruling. Believed the Planning staff misunderstood the nature of the variance application, and that the Planning Commission was in error. Stated that another applicant with the last name of Boyles received a variance. Responded to some of the comments made at the Planning Commission meeting. Noted that many friends and neighbors supported their proposal. Commented at how difficult the process has been and recommended several suggestions to improve the process, including pre-application meetings with customers. Believed several inconsistencies existed in the Planning report, noting that a 25 foot variance was requested rather than 29. Further discussed the size and shape of the porch and the misstatements within the staff's findings. Referred to her letter previously submitted to the Council and included in the Council materials, discussing the lake level impacts to the property over the past 30 years and the responsibility for those impacts. Discussed each of the 9 hardship criteria and her interpretation of hardship versus that discussed by the Planning Commission and included in the staff report. Further discussed comments and misassumptions of the Planning Commission and clarified. Proposed an alternative in the event that the original variance request is not granted. Closed by asking the Council to weigh the good against the harm granting this variance may create. Zieska: Asked how the "lost: area of the lot was calculated. Kinney: Advised that the lost area was calculated from the original plat and the 904 high water mark. Haugen: Submitted a letter by David and Janet Linde raising concerns about the Kinney addition and impacts on their property from water runoff and entered into the record. Clarified the purpose of the public hearing format. Also clarified that the City Manager is not related to the Boyles family referred to by Ms. Kinney. Kinney: Advised that she had talked to the Lindes, noting the numerous variances required to build that particular house. Did advise the neighbor that they would make every attempt to mitigate any runoff impacts with landscaping and any other means requested by the City. Blomber,q: Asked the size of the current dining area and what area was located behind the existing dining room. Kinney: Advised that the dining area is 10x12, and that there is a spare bedroom next to the dining area, but that they were hoping, at some time in the future, to use that bedroom for a time when they can no longer get up and down the stairs. LeMair: Asked if the proposed addition was a 3-season porch or 4-season porch. Kinney: Explained that the addition was not being hooked into the existing forced air heat, and therefore was considered a 3-season porch. However, they are proposing including a gas fireplace and hopefully will be able to use the addition year round. MOTION BY ZIESKA, SECOND BY LEMAIR, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 2 City Council Meeting Minutes January 6, 2003 The Council took a brief recess. LeMair: Discussed his review of the home and its limitations. Also discussed the encroachment of the lake on the lot. Commented that he tded to look at each variance situation individually and noted how close the other homes in the area are to the lake. Concerned about the impacts on the property to the east. Would support a variance, but would like to see the addition at least 55 feet set back. Zieska: Discussed the case that Mrs. Kinney referred to in her comments, insisting that each case must be reviewed on the individual merits. Further clarified that, despite the applicant's calculation, the requested vadance appears to be 29 feet based upon the survey submitted by the applicant and prepared by a registered land surveyor. Further commented that the hardship is created because of a change in circumstance rather than any limitation of the lot. Discussed that one of the purposes of the 75 foot setback requirement was to limit the impact of the water runoff into the lake and preserve water quality, both of which seems to be of importance to the applicant. Further discussed the other hardship criteria and the rationale used by both the staff and Planning Commission in determining that all nine criteria have not been met. Supported the Planning Commission decision and the recommendation of staff as identified in the agenda report. Petersen: Commented on how the lake level will continue to fluctuate, and it is one of the issues homeowners deal with when owning lakeshore property. Did understand the concerns of the Kinneys, noting that he has some similar circumstances. But, believed the variance request was one of convenience. Blomber.q: Also appreciated the concerns of the Kinneys. Commented that many families enjoy holiday meals at multiple locations within the home and therefore is not convinced that this circumstance is a hardship justifying a variance. Did not support extending a further nonconformity. Believed putting the addition on the other side of the house eliminated the runoff concem and the setback issues. LeMair: Added that if the other Councilmembers are not of a mind to support the original request, he would support having the addition on the other side of the home. Haugen: Thanked Mrs. Kinney for her suggestions and feedback with respect to customer service, and noted the efforts the City is making to improve the service it provides. Further discussed the emotional reaction that is typical of requests of this kind. Advised that this Council cannot do a lot to correct the actions of the past, but can only do its part to consider what is best in the present and for the future. Further advised that because of the possible impacts on the lake, he could not support this particular application, even though he empathized with the applicants concerns. Suggested that staff work with the Kinneys on their altemative proposal which was to locate the addition in a fashion that the current incursion into the 75 foot setback is not increased. The Council discussed parameters whereby they may conceptually support a second application assuming no further incursion of the setback area than presently exists on the property. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 03-01 UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY THE VARIANCE REQUEST FOR A 29-FOOT VARIANCE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. MOTION BY ZIESKA, SECOND BY PETERSEN TO DIRECT STAFF TO CONTINUE TO WORK WITH THE APPLICANT AND WAIVING OTHER APPLICATION FEES IF THE APPLICATION IS SUBMITTED WITHIN 12 MONTHS. Layton Kinney: Commented that additional fees are not the issue. Would support the Council's other discussion about supporting a 64-foot setback. 3 City Council Meeting Minutes January (~, 2003 VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Mayor Haugen asked the audience which agenda item they were in attendance for, and moved that item to the next one on the agenda - (Comp. Plan amendments to Stemmer and Spring Lake Park Property) PRESENTATIONS Presentation on Alternative Sites for Police Station / City Hall / Community Center (David Kroos) Boyles: Bdefly reviewed the process to date and introduced David Kroos. Kroos: Discussed the size of the parcel that would be needed which was identified through the needs analysis. Reviewed the advantages and disadvantages of seven site alternatives including the existing City Hall site, the Lakefront Park site, the CH Carpentar site, the existing Post Office site, the Priordale Mall site, the Snell property, and the Norex property. Also recommended that only four of the sites remain under consideration, including the Lakefront Park site, the CH Carpentar site, Snell property, and the existing City Hall site. Also believed other properties had recently been suggested that were not included in the original analysis. LeMair: Commented that he'd be interested to know if additional properties could be acquired around those properties that were identified as too small. Zieska: Suggested discussing the sites proposed and narrowing the list to fewer sites. Believed its imperative to move the project forward for a number of reasons including the current needs for the community and the cost of money. Noted that the Shepherd of the Lake site is not within the City limits and can therefore be eliminated. The Tower Street property is too small. Petersen: Agreed. Blomber.q: Agreed that some of the properties just don't make sense, such as the Shepherd of the Lake site, and would be a waste of time and energy to pursue. Hau.qen: Commented that the 2020 Vision and Strategic Plan clearly identifies a civic campus and community center that provides a gateway to the Downtown area, and builds a Downtown environment. Reviewed the properties and reasons he would eliminate a number of other sites from further consideration. Zieska: Suggested reviewing the criteria and remaining and additional sites at a work session in February. Councilmembers agreed. OLD BUSINESS: Consider Approval of a Resolution Authorizing a Change Order as Part of the 2002 Improvement Project (City Project 02-1 I) McDermott: Reviewed the agenda in connection with the staff report. Blomber,q: Asked if the sod that had not been laid was included in the contract bid. 4 City Council M~tin9 Minuto; January 6, 2003 McDermott: Confirmed. LeMair: Believed that it may have been in the best interest of the contractor to absorb a $2500 charge given the scope of a $1.5 million project. MOTION BY ZlESKA, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-04 AUTHORIZING A CHANGE ORDER AS PART OF THE 2002 IMPROVEMENT PROJECT (CITY PROJECT 02-11). Hau.qen: Echoed Councilmember LeMair's comments and asked staff to make the Council's position clear to Barbarosa & Sons with respect to change orders of this type. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing Final Payment to Barbarossa & Sons for 2001 Improvement Project (City Project 01-11). McDermott: Reviewed the agenda item in connection with the staff report. Boyles: Asked how the 10 services that were supplied were paid for. McDermott: The property owners were charge 100% the cost and that assessment levied independent of the remainder of the project. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 03-05 AUTHORIZING FINAL PAYMENT TO BARBAROSSA & SONS FOR 2001 IMPROVEMENT PROJECT (CITY PROJECT 01-11). VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. Consider Approval of Resolution Accepting Bids and Awarding Contracts for the Cleaning, Repairing and Painting of the Two Water Towers (City Project 03.01) Osmundson: Reviewed the agenda item in connection with the staff report. Blomber.q: Asked why there is such a discrepancy in the bids. Osmundson: Advised that often times bids are based upon the scheduling of the contractor. Petersen: Asked why the smaller tower costs more. Osmundson: The smaller tower requires more repair work on the inside. Boyles: Clarified that the contract to be executed is not the standard, but rather a more inclusive document. The City Attorney has reviewed this procedure and is comfortable. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 03-06 ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE CLEANING, REPAIRING AND PAINTING OF THE TWO WATER TOWERS (CITY PROJECT 03- 01). 5 City Council Meeting Minutes January 6, 2003 VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Amending the Zoning Ordinance to Re-Classify Jeffers Pond and to Change the Minimum Lot Size for Hass Lake. Rye: Reviewed the agenda item in connection with the staff report. Bo¥1es: Complimented Don Rye and his staff for putting together materials that convinced the DNR that a rs-designation of each water body was appropriate. MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE ORDINANCE 03-01 AMENDING THE ZONING ORDINANCE 1104.201 AND 1104.302 TO RE-CLASSIFY JEFFERS POND AND TO CHANGE THE MINIMUM LOT SIZE FOR HASS LAKE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Waiving Platting Requirements for the Subdivision of Property Located in Section 23, Township f15, Range 22. Rye: Reviewed the agenda item in connection with the staff report. Zieska: Believed this is an excellent example of the staff accommodating property owners and eliminating the bureaucracy of City Hall. MOTION BY ZIESKA, SECOND BY BLOMBERG TO APPROVE RESOLUTION 03-07 WAIVING THE PLATTING REQUIREMENT FOR THE SUBDIVISION OF PROPERTY LOCATED IN SECTION 23, TOWNSHIP 115, RANGE 22. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of Resolutions (1) Approving the Comprehensive Plan Amendment for the Stemmer Property; and (2) Approving the Comprehensive Plan Amendment for Spring Lake Park. Rye: Reviewed the item in connection with the staff report. Zieska: Asked if the Comprehensive Plan were to remained undesignated, would it be left open for a developer to put up anything he wants. Rye: Advised that the City does not have that option and the property must be designated in the Comprehensive Plan once it is located within the City. Boyles: Clarified that the City will not be developing the Spring Lake Park property. The park will likely continue to be maintained by the Three Rivers Park district, and is intended to remain a natural park environment. Hau.qen: Explained the distinction between the natural arsa park, and the approximately 25 acrs arsa to the north that was already within the City limits and that is intended to eventually be developed into an athletic complex. Further explained the application process required for the development of the Stemmer property, and the future opportunities for public comment. 6 City Council Meetin9 Minutes ,January 6, 2003 Next explained the procedure for public headngs advising that this change did not require a public headng. Asked Mike Sobota, the Scott County Community Development Director to address the issues related to County Road 12. Sobota: Advised that there will be many opportunities for public input as the development of the park is determined. Noted that the County is currently reviewing some concept plans for the development of the area and the impacts and location of the existing County Road 12. At the present time, no recommendations have been determined. Further discussion should follow in the next 6 - 9 months. Hau,qen: Advised that the County Road 12 project is in the County CIP for 2004, but that there are other priorities to discuss with respect to road improvement issues both within Pdor Lake and within the County. Also noted that there were some concerns about the number of additional docks on Spring Lake. Asked Community Development Director Rye to explain how annexation ties to the development of the property and the number of boats slips allowed. Rye: Advised that a condition of the annexation agreement between the Township and the City was a restriction to the number of docks at less than 50. Wasn't clear in the exact number. However, the number of docks will finally be determined with the development applications and may end up at some lesser number. The developer agreed to this condition as part of the annexation. Zieska: Explained that the land had been annexed into the City of Prior Lake, which means there is some advantage to the neighborhood in that the development will need to comply with City standards. Further explained the process for public input. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION COMPREHENSIVE PLAN AMENDMENT FOR THE STEMMER PROPERTY. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 03-02 APPROVING THE MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE RESOLUTION COMPREHENSIVE PLAN AMENDMENT FOR THE SPRING LAKE PARK PROPERTY. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 03-03 APPROVING THE Consider Approval of an Ordinance Amending City Code Section 1107.808 Regarding Illuminated Institutional Signs. Rye: Reviewed the agenda item in connection with the staff report. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE ORDINANCE 03-02 TO AMEND CITY CODE SECTION 1107.808 REGARDING ILLUMINATED INSTITUTIONAL SIGNS. Petersen: Commented on the difficulty of greund lights that reflect into traffic and that it causes a hazard. Asked staff to monitor the installation of the lighting. VOTE: Ayes by Haugen, BIomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of 2003 Fee Schedule. Teschner: Reviewed the agenda item in connection with the staff report. 7 City Council Meeting Minutes January 6, 2003 Haugen: Concerned about Iowedng fees for non-residents with respect to the skate park. Zieska: Explained that the survey completed at the end of the skate park season indicated that the cost of the pass for non- residents was somewhat high compared to other communities. There were also no non-resident season passes issued last year. The PAC believes that since the park has the capacity to serve more kids, and that our expenses are set, it makes sense to try to develop the user base by lowering the fees for non-residents. Blomber.q: Added that as a parent whose child has friends from Savage or the Township, it's easier for the parents to handle a fiat $5 to bring a friend to use the park. Hau.qen: Asked about any analysis that would support the development fees charged. Teschner: Confirmed that the City has conducted analysis of its park dedication fees and collector street fees. Similar studies will be conducted during 2003 to assure that the development charges can be supported and remain current with actual costs. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVING THE 2003 FEE SCHEDULE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Consider Approval of City Council Annual Appointments to Boards, Commissions and Committees. Boyles: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS AS PROPOSED BY STAFF WITH THE EXCEPTION OF THE CIVIL DEFENSE DIRECTOR WHICH WILL BE DEFERRED TO A FUTURE MEETING. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. The appointments for 2003 were made as follows: Acting Mayor Official Newspaper Official Bank Equalization Committee Auditing Firm Fiscal Consultant Councilmember Petersen Pdor Lake Amedcan Wells Fargo Entire Council Abdo, Abdo &Eick (thru 2005) Steve Mattson Health Officer Park Nicollet Animal Control Officer Bob McAIlister Special Assessment Committee Parks Advisory Liaison Lake Advisory Liaison Planning Commission Liaison City Manager Evaluation Committee Annexation Task Force Councilmembers Zieska and Blomberg Councilmember Blomber~l Councilmember LeMair Councilmember Zieska Orderly Annexation Board Weed Inspector Steve Horsman Watershed Liaison Councilmember LeUair Mayor Haugen and Councilmember Zieska Mayor Hau~len and Councilmember Petersen Councilmember Petersen City Council Meeting Minutes January 6, 2003 Transit Committee I Councilmembers Zieska and Blomber9 I MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 03-08 DESIGNATING INVESTMENT AUTHORITY ON BEHALF OF THE CITY OF PRIOR LAKE. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. Zieska: Suggested that the City Manager not be included a member of the Special Assessment Committee since his property will be included in the 2003 Improvement project. The City Manager may attend the meetings but may not participate in the 2003 improvement project issues as he has a conflict of interest. Consider Approval of a Report Regarding the Downtown Area. Boyles: Reviewed the agenda item in connection with the staff report. Hau.qen: Suggested that staff set up a meeting with the Downtown homeowners to review the elements of the 2020 Vision and Strategic Plan so that they understand the potential development area for the Downtown. Basically from Highway 13 along CSAH 21 to the lake. LeMair: Suggested that a strategy also be considered identifying those same standards and intentions for future homeowners as properties become available. OTHER BUSINESS / COUNCILMEMBER REPORTS A motion to adjourn was made and seconded. The meeting adjourned at 11:15pm./~ Frank Boyles, City anager K'elly/'f~eyer,~R'ecor~-S'~retary /