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HomeMy WebLinkAboutAgenda & Minutes EDA MEETING 5:30 - 7:00 p.m. 7:00 PM FORUM REGULAR COUNCIL MEETING AGENDA Date: August 20, 2001 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m. 2. APPROVAL OF AGENDA: 3. CONSIDER APPROVAL OF AUGUST 6, 2001 MEETING MINUTES: 4. 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 Treasurer's Report C) Consider Approval of Building Permit Report. D) Consider Approval of Animal Warden Monthly Report E) Consider Approval of Fire Call Report 5. ITEMS REMOVED FROM CONSENT AGENDA: 6. PRESENTATIONS: A) Presentation: Bill Jensen, Regional Manager, MEDIACOM. 7. PUBLIC HEARINGS: A) Public Hearing to Consider an Appeal of the Planning Commission's Denial of a Variance to the Lakeshore Setback on Property Located at 15507 Calmut Avenue. 8. OLD BUSINESS: NONE. 9. NEW BUSINESS: A) Consider Approval of a Resolution Amending the Regal Crest Conditional Use Permit to Allow Reduced Floor Area and Two Entry Monument Signs. B) Consider Approval of a Report Suggesting a Process for Addressing the Jeffer's Property Concept Plan. C) Consider Approval of an Ordinance Amending the Policy Regarding City Council Compensation. 10. OTHER BUSINESS: A) Executive Session to Discuss Pending Litigation. 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 08200 I -hh----~_--,r-.. . hr---..".h.h _h h.h.__._ __ . REGULAR COUNCIL MEETING MINUTES August 6, 2001 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Petersen, Gundlach, Ericson and Zieska, City Manager Boyles, Assistant City Attorney Schmitt, Public Works Director Osmundson, City Engineer McDermott, Planning Director Rye, Planning Coordinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. MADER: Advised that the broadcast was not going out live due to a problem with the cable provider and suggested inviting Mediacom to an upcoming meeting to determine if there is a reason that the City should not find them in default of the Franchise Agreement. APPROVAL OF AGENDA: ZIESKA: Asked an item be added under Presentations regarding the outdoor water restrictions. ERICSON: Asked to add an item under New Business regarding parking within the City. BOYLES: Asked that Item 9C (Consider Approval of Purchase Agreement for 16328 Main Avenue SE) be removed and advised that the City's bid for the property was not accepted, and also advised that for Item 7C (Public Hearing to Consider an Appeal of the Planning Commission's Denial of a Variance to the Lakeshore Setback on the Property Located at 15507 Calmut Avenue) suggested that the public hearing be held, but that action be continued until the applicant can be present. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. APPROVAL OF REGULAR MEETING MINUTES OF JULY 16, 2001 MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE THE JULY 16, 2001 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Resolution 01-98 Approving Prior Lake VFW Post 6208 Premise Permit for Lawful Gambling. BOYLES: Reviewed the remaining consent agenda items. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 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 6, 2001 ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PRESENTATIONS: [ADDED] Outdoor Watering Restrictions ZIESKA: Commented that the residents have done a tremendous job in abiding by the watering restrictions currently in place. Asked staff to discuss how the watering violations are determined, and how it is determined if residents have private wells or are pumping from the lake. Further asked staff to discuss the number of new water customers compared to water use, and what steps have been taken to secure permits to drill an additional well. OSMUNDSON: Advised that the Community Service Officer and other staff go out and issue warnings for violations they personally witness in their spare time. Telephone calls received about violators are investigated. Discussed that there was no good way to determine, and that the City had no records of properties with private wells or who was pumping from the lake. Admitted that some warnings were sent to individuals not in violation and that letters of apology had followed. The staff has noted those private wells. Discussed the amount of pumping currently and how those numbers compare to past years. Noted that there was a 4.8% increase in new households, but that water pumped has increased by 22%. Noted that water used is directly related to weather. Also advised of the issues involved in getting permits for another well, including affects on the Savage Fen, or possibly revising the City's Comprehensive Water Management Plan. BOYLES: Added that in discussions with the Met Council and with the DNR, requests have been initiated to both organizations soliciting help in that regard. Also noted that despite the temperatures, it appears that the watering restrictions will be further lessened in the near future. PUBLIC HEARINGS: Public Hearing to Consider Approval of Resolution Vacating the Drainage and Utility Easement Located on Lot 2, Block 1, Creekside Estates (Case File #01-055) KANSIER: Reviewed the agenda item in connection with the staff report. Advised that the staff and the Planning Commission recommended approval. Mayor Mader declared the public hearing open. There were no persons present to address the Council. MOTION BY PETERSEN, SECOND BY ERICSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY MADER, SECOND BY ERICSON TO APPROVE RESOLUTION 01-92 VACATING THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 2, BLOCK 1, CREEKSIDE ESTATES (Case File #01-055). VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 2 City Council Meeting Minutes DRAFT August6,2001 Public Hearing to Consider Approval of a Resolution Vacating a Portion of the Platted Right- of-Way for Ashland Avenue (Eau Claire Trail) Adjacent to the Property at 4120 Eau Claire Trail (Case File #01-038). KANSIER: Reviewed the agenda item in connection with the staff report. Advised that the staff and Planning Commission recommended approval. GUNDLACH: Asked why the roadway was originally platted 100 feet, and if the City paid anything for the easement or if it was dedicated. KANSIER: Advised that she was unaware why the road was platted at 100 feet, and that the right-of- way was dedicated and would therefore revert to the adjacent property owner. Mayor Mader declared the public hearing open. No persons were present to address the Council. MOTION BY ERICSON, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY MADER, SECOND BY ERICSON TO APPROVE RESOLUTION 01-93 VACATING A PORTION OF THE PLATTED RIGHT-OF-WAY FOR ASHLAND AVENUE (EAU CLAIRE TRAIL) ADJACENT TO THE PROPERTY AT 4120 EAU CLAIRE TRAIL (CASE FILE #01-038). VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Public Hearing to Consider an Appeal of the Planning Commission's Denial of a Variance to the Lakeshore Setback on the Property Located at 15507 Calmut A venue. Mayor Mader declared the public hearing open. MOTION BY MADER, SECOND BY ERICSON TO CONTINUE THE PUBLIC HEARING TO THE NEXT REGULAR MEETING PER THE REQUEST OF THE APPLICANT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OLD BUSINESS Consider Approval of an Ordinance Amending the Zoning Ordinance to Allow Off-Premise Nameplate Signs in Commercial Districts (Case File #01-049). KANSIER: Discussed the proposed ordinance amendment in connection with the staff report, and advised of the staff's proposed revisions to the applicant's proposal. MADER: Asked if the developer is in agreement with the language proposed by staff. KANSIER: Confirmed. BOYLES: Asked if other community's have similar provisions. 3 . --~._..._._~--------.__....__...,..~_.._,,_.._.---_.~~,-~,,"~.....-. ...,------. ..~...__..--~-"_._...,..._~_.~-----'-~'_.._- .. City Council Meeting Minutes DRAFT August 6, 2001 KANSIER: Advised that most community's have some sort of provisions similar but usually associated with strip malls. MOTION BY MADER, SECOND BY ERICSON TO APPROVE ORDINANCE 01-07 AMENDING SECTION 1107.816 OF THE PRIOR LAKE CITY CODE REGARDING OFF-PREMISE NAMEPLATE SIGNS IN COMMERICAL DISTRICTS (Case File #01-049). VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Approving an Amendment to the Creekside Estates PUD to Allow a 10'x2S' Deck on the Back of the 24-Unit Buildings. KANSIER: Briefly reviewed the agenda item in connection with the staff report. MOTION BY ERICSON, SECOND BY GUNDLACH, TO APPROVE RESOLUTION 01-94 APPROVING AN AMENDMENT TO THE CREEKSIDE ESTATES PUD TO ALLOW A 10'x25' DECK ON THE BACK OF THE 24-UNIT BUILDINGS. MADER: Asked staff to clarify the reference to senior housing. KANSIER: Advised that these are 24-unit apartment buildings individually owned and marketed toward seniors. There are no covenants or restrictions in place. The 54-unit building in the development is restricted to senior congregate housing. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Authorizing TKDA and Associates, Inc. to Provide Consulting Services for Development of a Pavement Management System. McDERMOTT: Briefly reviewed the agenda item in connection with the staff report. MADER: Asked staff to clarify that TKDA's job is to collect and input the data on our street system and train staff on the software. Also asked staff to elaborate on the experience of TKDA. McDERMOTT: Confirmed, and added that TKDA has completed all the inspections, data sheet and training in the City of Crystal. ERICSON: Asked how many staff people will be trained on the software, and suggested that multiple people be trained on the software as quickly as possible so that the program and project aren't dropped if that person leaves the City's employment at some point. Also suggested that once the data is input that an example of its utilization be brought back to the Council. McDERMOTT: Advised that one person would be trained by TKDA and then that staff member would train others in the department. Clarified that no training came with the software. 4 City Council Meeting Minutes DRAFT August 6, 2001 MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-95 AUTHORIZING TKDA and ASSOCIATES, INC. TO PROVIDE CONSULTING SERVICES FOR DEVELOPMENT OF A PAVEMENT MANAGEMENT SYSTEM. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council took a brief recess. NEW BUSINESS: Consider Approval of a Resolution Authorizing the Installation of "No Parking Vehicles with Trailers" Signs at Candlewood Circle, Candlewood Lane and Cedarwood Street. OSMUNDSON: Briefly reviewed the item in connection with the staff report. ZIESKA: Commented that he is a resident of the area and that this is a good example of addressing the problem at the initiative of the neighborhood. MADER: Asked if there is a likelihood that this moves the problem from one neighborhood to another. Mayor Mader asked if there were residents who would like to address the Council. No persons wished to address the Council. ERICSON: Concerned that the staff address the issue of additional parking rather than just moving the problem from one location to the next. Believes the lake is there for everyone and it seems the City is deterring people from using the lake. GUNDLACH: Agreed that a more permanent resolution needs to be explored, rather than just pushing the problem out. ZIESKA: Commented that he understands the concern, but from a practical standpoint, there is no place to put additional parking for trailers without great expense. Limiting parking does deter peak use of the lake. PETERSEN: Believed that the issue is not restricting people from being on the lake, but rather eliminating a nuisance for the property owners in this neighborhood. ERICSON: Commented that he has been a proponent of restricting density and slowing the growth of this community, but if it is going to happen, believes it's necessary to address all the issues, such as this, that are impacted by that growth. MADER: Redirected the Council to the specific action requested by staff and made a motion to approve the resolution. MOTION BY MADER, SECOND BY PETERSEN TO APPROVE RESOLUTION 01-96 AUTHORIZING THE INSTAllATION OF "NO PARKING VEHICLES WITH TRAILERS" SIGNS AT CANDlEWOOD CIRCLE, CANDlEWOOD LANE AND CEDARWOOD STREET. VOTE: Ayes by Mader, Petersen, and Zieska, Nay by Gundlach and Ericson, the motion carried. 5 -r-------- --.--,------------------------.-. City Council Meeting Minutes DRAFT August 6, 2001 Consider Approval of a Resolution Approving the 2000-2004 Police and Fire Services Agreement with Shakopee Mdewakanton Sioux Community (SMSC). BOYLES: Noted that the contract term should be corrected to 2000 through 2003. Reviewed the agenda item in connection with the staff report. GUNDLACH: Asked the City Manager to clarify the request for $48,000 from the Shakopee Mdewakanton Sioux Community. BOYLES: Advised that in his determination, the agreement provided for additional payment in extraordinary circumstances and the investigation of the Brooks murder would be interpreted as an extraordinary event. Therefore, the City had requested that the Community pay for the costs of the investigation. MADER: Asked if the language in the staff report had been incorporated into the old agreement. Noted that the old language seemed to imply that the Community recognized that the fee schedule was not adequate in cases of major criminal activity. BOYLES: Clarified that the report included the old language with the changes underscored. Advised that the Community interpreted extraordinary circumstances to be items such as organized crime, natural disasters, major drug events, ect. SCHMITT: Asked for clarification that the agreement language in paragraph 4(c) included additional language than what was included in the report itself, specifically "directed against the Community government or its enterprises". BOYLES: Confirmed that that language was not in the original agreement and has been added to the proposed agreement. MADER: Asked if the City Manager had been advised that additional payment by the SMSC would not be made without a signed agreement. BOYLES: Confirmed. MADER: Commented that he is disappointed that the SMSC has taken that position, but believes that an agreement with payments is better than receiving no payments at all. MOTION BY MADER, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-97 APPROVING THE 2000-2003 POLICE AND FIRE SERVICES AGREEMENT WITH SHAKOPEE MDEWAKANTON SIOUX COMMUNITY (SMSC). GUNDLACH: Asked how the fees and figures in the agreement were reached. BOYLES: Discussed the costs in administering the police department and the number of police and fire calls to the SMSC. Advised that budget increases and new programs are also considered. The costs in 1999 was $265,000, in 2000 its $300,000, and the proposed for 2001 is $320,000. 6 City Council Meeting Minutes DRAFT August6,2001 SCHMITT: Asked if given that the investigator's time is not an extraordinary event, are those costs built into the yearly estimates. BOYLES: Advised that the SMSC's perspective is that those types of costs are included. The City's perspective was that they were over and above the agreement. MADER: Advised that under federal law, the City is obligated to provide these services at no cost. Further commented that the County is attempting to put together a methodology of unit costs, which would include the total cost of administering the Sheriffs Department as well as a tracking mechanism. The process is complicated and not without its flaws. Did not believe the current methodology would be pursued, but that if it were, the City could investigate using the County model. ZIESKA: Commented that there are some risks with respect to over-billing or under-billing some services, but that there is an advantage to having a number to rely on for budgetary certainty. Further advised that the SMSC has made some significant capital contributions to the Fire Department. GUNDLACH: Asked if there was any discussion with respect to sharing capital costs. BOYLES: Advised that sharing of capital costs for some of the items that the Fire Department may need specifically to provide service to the SMSC will continue to be discussed. RUDNICKI (SMSC Tribal Administrator): Pointed out that an agreement has existed between the two communities for eight years. Advised that the contributions to the City through the agreements have been over $2 million dollars during that period, as well as donating $50,000 in capital costs contributions. Also noted that the Community worked in conjunction with the City to install three emergency sirens. Believes that based upon the history of the agreement, the ICR's generated from the Tribe and its operations is 10.-12%, and the contribution to the City has been approximately 17%. Also discussed the use of a police liaison to reduce crime in the SMSC. MADER: Believes that the issue of payment in extraordinary circumstances is an area where the two bodies agree to disagree, and the Council is left with a decision whether we are better off with or without an agreement. Also commented that the impact of the SMSC operations are difficult to determine when you factor in that the casino operations bring in approximately ~ people per day.- \Y'. ~~ 'SIO~ ~~~ 2o,i)~ VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Purchase Agreement for 16328 Main A venue Southeast. [This item was removed from the agenda.] 7 City Council Meeting Minutes DRAFT August 6,2001 [ADDED] Parking Issues in Order to Access the Lake ERICSON: Discussed the limited parking available near the fishing dock, and suggested that staff look into determining if there is sufficient area to add at least a few additional spaces. Also discussed the additional parking needed for trailers in the Sand Point Park area. Also suggested that maybe there could be some trailer parking allowed in Lakefront Park because there seems to regularly be abundant parking in that area. PETERSEN: Noted that at Sand Point there is some difficulty providing additional parking due to limited area. Also noted that where there is land available, the neighborhoods are very protective. Further noted that there are some lakes where the number of boats allowed on the lake is limited. MADER: Commented that he has no objections to looking at this item again, but that historically this is a difficult neighborhood issue. It seems that the biggest difficulty is availability of land. The lake obviously cannot accommodate everybody all the time, but it doesn't hurt to explore the options. MOTION BY ERICSON, SECOND BY GUNDLACH TO DIRECT STAFF TO EXPLORE THE OPTIONS AVAILABLE FOR PROVIDING ADDITIONAL PARKING TO ALLOW ACCESS TO THE LAKE. ZIESKA: Believes Council member Ericson's idea is worth exploring. There does seem to be adequate parking at Lakefront Park. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS: ERICSON: Asked that the staff provide a status report at an upcoming Council meeting regarding a directive to consider regulating the hours of operation of car washes. ZIESKA: Commended the efforts of staff, specifically the police and parks maintenance staffs, during the Lakefront Days celebration. MADER: Also commended the Chamber of their efforts during Lakefront Days. Secondly, advised that buses have been ordered for the transit system. Thirdly, advised that for several reasons, the application by Randal Heise for the lot in the business park has been withdrawn. Pointed out that the TIF assistance requested was by far greater than that offered to other businesses within the business park. Also advised that the Prior Lake American had reported that the applicants were residents of Prior Lake, and that they had been offered TIF by the City of Burnsville, both of which are not true. Next, remineded residents that the filing dates for City Council elections begins August 28th through September 11th. Further discussed several letters in the Prior Lake American including one which stated erroneously that individual property taxes were increased by the City on a particular piece of property in order to make the landowner sell the property. Advised that that statement is completely false. Tax rates on individual properties are determined by the County. It is unfortunate that the newspaper will give such a letter credibility without the facts. Commented that a second letter, also without the facts, had to do with a water main break in the Todd Avenue area. Clarified that these 8 City Council Meeting Minutes DRAFT August 6, 2001 types of situations happen often in a City, but cannot necessarily be dealt with immediately, especially until staff are available, and utilities are marked. The staff responded very appropriately. In the third letter to the editor, a woman discussed a puppy mill operation which allegedly existed in Prior Lake. The facts are that no such operation exists within the City limits, and that Humane Society representatives found no conditions that rise to the level of a violation of state animal welfare law. Discussed again his disappointment with a newspaper that fails to verify any facts. There should be some responsibility by the newspaper when accusations are made. Lastly showed several photographs on playground equipment he saw on a recent vacation and suggested staff consider the models in the future. Frank Boyles, City Manager A motion to adjourn was made and seconded. The meeting adjourned ,at 9:23 m. 9 -,_._-~~._._------~._--,.,-,--