Loading...
HomeMy WebLinkAbout07 18 11 City Council minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES July 18 , 2011 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, He d- berg, Keeney and Soukup , City Manager Boyles, City Attor ney Pace , Fire Chief Hartman, Fina nce Dire c tor Erickson, City Engi neer /In s pections Director Poppler, Public Works/Natural Resources Director Gehler, Water Resources Engineer Bintner, Planner Matzke, Assistant City Manager Kansi er and Administrative Assis tant Green. PUBLIC FORUM The Pu blic 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 and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than pr i- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled public hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY HEDBERG, S ECOND BY SOUKUP TO APPROVE THE AGEND A AS PRESENTED . VOTE: Ayes by Myse r, Erickson, Hedberg, Keeney and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY SOUKUP , SECOND BY KEENEY TO APPRO VE THE MINUTES OF THE JUNE 20 , 2011 MEETING AS PR E SENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. Th e motion carried. MOTION BY ERICKSON, SECOND BY HEDBERG TO APPROVE THE MINUTES OF THE JULY 12, 2011 MEETING AS PR E SENTED. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the i tems on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of June 2011 Treasurer’s Report. C. Consider Approval of Resolution 11 - 082 Approving a Wetland Replacement Plan for the SMSC North Se r vice Area Sanitary Line. D. Consider Approval of Animal Control Services Report. E. Consider Approval of Fire Department Report. F. Consider Approval of Resolution 11 - 083 Accepting Donations and Grants to the City for the 2 Qua r- nd ter of 2011. Phone 95 2.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com G. Consider Approval of Revised E conomic Development Advisory Committee Bylaws. H. Consider Approval of Resolution 11 - 084 Approving a Temporary On - Sale Intoxicating Liquor License for the Prior Lake Chamber of Commerce; and Resolution 11 - 085 Declaring Lakefront Days to be a Community Fes tival as D e fined by M.S.340A.404, Subd. 4(b). I. Consider Approval of Resolution 11 - 08 6 Requesting Funding from MNDOT through the Municipal Agreement Program for Trunk Highway 13 / Main Avenue / Ridgemont Improvement Project. J. Consider Approval of Reso lution 11 - 08 7 Authorizing Full and Final Payment to McNamara Contrac t ing for the 2010 Resurfacing Project, City Project #10 - 012. MOTION BY HEDBERG, SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA AS PR E- SENTED . VOTE: Ayes by Myser, Erickson, Hedberg, Keen ey and Soukup. The motion carried. PRESENTATION National Snowmobile of the Year Award - Terry Hutchinson City Manager Boyles introduced Terry Hutchinson stating he is the second Minnesotan to receive the National Snowmobile of the Year Award. The no mination video was played before the Council. Mayor Myser read a proclamation declaring July 18, 2011 as Terry Hutchinson Day. Hutchinson stated that one acco m plishment he most proud of is the Prior Lake Snowmobile Task Force and he hopes the work of the task force continues , noting there were no snowmobile - related complaints in th e past winter. Gary Van Eyll , Metropolitan Council Representative Van Eyll provided a biography of his governmental involvement and stated that he was appointed to the Met ropolitan Council in March 2011 . He is currently serving on the Management and Environmental Co m- mittees and is the chairperson for the Audit Committee. Stated that he wants to be a “big voice” for Di s trict #4 and represent s concerns of the district. Not ed that m any members and officers are new and anti c ipates that the Met ropolitan Council will be different than it has been in the past. Comments: Erickson: Thanked Van Eyll for coming to the meeting adding that it sa ys a lot about his willingness to w ork with individual cities. Asked what the current Metropolitan Council perspective is on the Dan Patch Line. Van Eyll: Replied that the Council talked about the Dan Patch Line at its last planning session. Spoke of Council member understanding of what it means to their constit u ents. Erickson: Believes it would make sense to put a future transit station in a location that would be on the Dan Patch Line. Van Eyll: Stated t he southwest line going through Eden Prairie has a nice transit area tha t cannot be used for that purpose as light rail is intended to be used by non - transit people. Believes that does not make sense. Stated the Metropolitan Council was created to be a planning agency and he believes it will get back to that. Keeney: Stated that Pr ior Lake is concerned about plans that were put in motion assuming growth rates that did n o t actually occur , which impacts things like sewer facilities and associated cost structures. Asked how adjustments can be made for the slower growth. Stated he w ou ld want to plan for what the build - out of P rior Lake will like going forward in the current growth scenario rather than assume the same trajectory that had been projected. Van Eyll: Responded that sentiment is the same throughout the metro area and expans ion is slowing down in reaction to the non - growth. S ewer A ccess Charges are one of the things being looked at. 07 18 11 City Council meeting minutes Hedberg: Concurred with comments of other Council members. Stated that in the past he has felt the Metropolitan Council was not always actively listening to people in Scott County and it is good to now have a voice. Commented that m any believe P rior L ake should review its comprehensive plan ahead of sch e- dule because of significant reductions in development and corresponding reduction in community growth. Added that the Metropolitan Council needs to be aware of our work. Soukup: Commented it is n ice to hear there is new membership on the Met ropolitan Council and that it will be working together with its constituents . Looks forward to wo rking with him. Van Eyll: Responded that there are good things going on in Prior Lake and it is an honor to be part of it. Myser: Noticed that since Van Eyll has taken office, h e has been getting to know the needs and issues of the community. Lakes A dvisory Committee Annual Report Water Resources Engineer Bintner spoke of the Lakes Advisory Committee’s work regarding water qual i- ty, lake level and flood protection, surface water use and regulation. Commented on the new slide gate i n- dicating it was open ed during the month of March and drew down levels of the lake to stay below 904’. Displayed results of the targeted intensive street sweeping project. Chair Mankowski stated the Commi t- tee recommended the c hannel z one o rdinance revision which defined no - w ake zones. Stated that some committee members have served their full term and they will be recruiting new members. She reviewed the proposed priorities for the next year. Comments: Soukup : Asked about the street sweeping pro gram and how resident ya rd care affects water qual i ty. Bintner : Replied there is a fairly direct connection and anything that is raked or dumped into the street ends up in the lake. Noted there is an ordinance prohibiting placing grass clipping and leaves in the street. Stated that nearly 40% of the City is covered by zones for in tensive sweeping and the City is lear n ing a lot from the data about the phosphorus and sediments that are being picked up. Hedberg: Stated that Mankowski has been involved in P rior L ake with more than just her membership on the LAC. Believes it is important to have group s that are as involved as LAC. Stated that o utside age n- cies are imposing more regulations and noted that three of the five priorities addressed by the LAC have to do with water qualit y. Stated he will look for recommendations f rom the LAC and do what is possible to a p- propr i ate resources. Keeney : T hanked all who serve on any advisory committee, and particularly the people who serve the maximum term limit as it t akes time to learn and understand the regulations that go with it. Water qual i ty is the first concern for the lakes and efforts should be concentrat ed in that area. Endor s es the plan to go fo r- ward with the identified priorities . Erickson : Thanked members of the LAC for their service. Asked which streets around Spring Lake will have a sweeping program next year. Bintner : Replied his understanding that a maintenance agreement for CR 12 street sweeping may be i m- plemented . Erickson : B elieves there is a petition by some people to have no wake zones to protect the Spring Lake shore line and supports establishment of that. Stated that recent rainfall raised the level of the lake two feet. Mankowski : Noted that a resident who lives on Spring Lake is a member of the LAC and the Com mittee will be touring Spring Lake in August. Commented that the r edesigned outlet channel is open at 902.5 ’ and water is going out. Stated that if there is a pet i tion, it should be brought forward to the LAC. Myser : Asked if the five priorities ident ified for 2012 are listed in order of importance . Mankowski : Replied that many are things that will have to be discussed because of rule changes and are ongoing maintenance things. Stated that the s urface water safety item was brought to the attention of the 07 18 11 City Council meeting minutes LAC by the County Sheriff. Some of the items are requirements; water quality items often involve things that the LAC wants to do. Myser : Asked if staff knows the cause of some algae appearing on Upper Prior over the last couple of days. Bintner : Replied it could potentially be from the recent storm; but that is a guess. It is complex to dete r- mine causes . Mankowski: E nco uraged people to apply for the C ommittee. Stated she has learned much during her t e- nure about re trofits, iron sand filters, de - icing, etc. Believes the City is much farther ahead in water qual i ty practices than other places. PUBLIC HEARING Public Hearing to Consider Resolution 11 - 08 8 Vacating Drainage and Utility Easements Located within Je f fers Pond 4 Addition . th Planner Matz ke displayed the affected area on a PowerPoint reiterating that Jeffers Pond 4 Addition will th be re - platting 56 townhomes to 38 detached single family lots. Existing easements need to be vacated for the re - platting to be effective. The process calls for a public hearing to allow input from the public . Noted that the f inal plat for Jeffers Pond 4 Addition will reposition the easements and dra i nage. th MOTION BY HEDBERG, SECOND BY KEENEY TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedber g, Keeney and Soukup. The motion carried and the public hea r- ing opened at 7:51 p.m. Comments: No person stepped forward to speak. MOTION BY ERICKSON, SECOND BY SOUKUP TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup . The motion carried and the public hea r- ing closed at 7:52 p.m. Comments: Hedberg : Stated this action is fairly routine. Easements in place with the original plat need to be vacated and the necessary easements for the reconfiguration will be included i n the final plat. Will support. Soukup : Commented that this is the next step in the process. Will support. Erickson : Will support. Keeney : No issues. Will support. Myser : Will support. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 11 - 0 8 8 PROVIDING FOR THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN JEFFERS POND BLOCKS 7, 8 AND 9, AND OUTLOTS K, L, M, N, O AND P. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OLD BUSINESS No old business items are scheduled. NEW BUSINESS Consider Approval of Ordinance 111 - 08 Amending Sections 1108 of the Zoning Ordinance Upda t ing the Variance Provisions . 07 18 11 City Council meeting minutes Assistant City Manager Kansier explained that State Statute has been changed regardi ng granting v a- riances and the City is now allowed to grant a variance to the zoning ordinance if “practical difficulties” e x- ist. An amendment is proposed for ordinance language that will be consistent with the new State Statute. The Planning Commission he ld a public hearing and is recommend ing approval of the proposed changes. Comments: Keeney : Stated his understand ing of the need to change the ordinance. Clarified the definition of a Board of Adjust ment . Kansier : Responded that the board can be the P lanning C ommission adding that t here is a definition in the ordinance that refers back to the Planning Commission. Keeney : Commented that the proposed Section 1108.406 says “if all of the following criteria are sati s fied , ” but the seventh item referrin g to solar energy systems seems like a example of something that should not always be a criteria that needs to be satisfied and should , therefore , be removed from the listing of crit e ria to be s a tisfied. Pace : Responded that the seventh item alone is not the basis for granting a variance and adding “if appl i- cable” could make it easier to understand . Keeney : Sought clarification of the sections referring to timelines for validity of a granted variance. Kansier : Responded that a newly granted variance c ould be valid for one year. Pace : Added that it means the City cannot change rules for a granted variance during a one - year period if they use the variance. If they don’t use the variance , it will not apply. Keeney : Reiterated that the old section 416 stated that if someone has not used a variance and the o r- dinance changes, the variance cannot be used; but the new ordinance states that the variance could be used for one year. Pace : Affirmed. Keeney : Will support the proposed amendment with the aforem entioned item #7 changed. Erickson : Will support the proposed amendment as it provides the City with the same definitions and terms as the State. Suggested that item #7 be removed. Pace : Commented that the Statutes provide for dealing with access to the sun for solar. Erickson : Believes that access to light is a reason to grant a variance , rather than a reason to limit a v a- riance like the other items in the list of criteria. Wondered if the item should be written that granting the v a- riance will not hinder access to light to other homes. Pace : Replied there must still be criteria for how and under what circumstances variances will be grant ed to provide access to the sun for solar. The City would have to look at factors that are limiting. Soukup : G enerally support s the proposed amendment with clarification about #7 . Hedberg : Concurred. Suggested that if language is going to be reworked, it could be emphasized that economic conditions do not constitute practical dif ficulties. Kansier : Noted th at p rovisions are in State statute because when the first solar panels came out, people did not like the way they looked. Myser : Asked if there is consensus that item #7 could be stricken. Keeney : Concurred, or suggested that the language in #7 be pla ced at the end of #1 with the word “or” in front of it. Pace : Replied that would satisfy practical difficulties and the other thresholds would still have to be met. Myser : Suggested the proposed language be read aloud so the Council will know what t he sentence in #1 w ill be . Hedberg: Concurred the Council s hould have the language that is being approved. Believes that #7 should be stricken, and then any necessary amendment could be brought back. Acknowledged that the required public hearing would b e a disadvantage. 07 18 11 City Council meeting minutes Kansier : Suggested that item #7 be removed and in the event solar home variances were requested, it could be administered by applying State Statute requirements. Pace : Added that the Council could make that change wi thout going back to the Planning Commi s sion. Hedberg : Clarified that if the proposed language were passed without the language in #7, the State’s la n- guage about solar and earth homes would still apply and the language would not have to be included in our ordinance. Kansier : Affirmed that the language is there even if it is not in City o rdinance. Hedberg: Concurred that the appropriate solution would be to strike #7. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE ORDINANCE 111 - 08 AMENDING SECTIONS 1108.400 THROUGH 1108. 423 OF THE CITY CODE TO UPDATE PROVISIONS RELATING TO VARIANCES TO BE CONSISTEN WITH MINNE SOTA STATUTES AS PROPOSED, EXCEPT FOR DELETION OF PROPOSED 1108.406, SUBD 7. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHE R BUSINESS Community Events Erickson: C omplimented the Prior Lake Rotary for its successful jazz festival event. Complimented all v o- lunteers who helped with the event . Myser: Added expressions of appreciation for the SMSC and other sponsors who contribu ted and the City staff for its help in making the event successful. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by E rickson and seconded by K eeney . With all in favor, the meeting adjourned at 8:25 p.m. _ ___ _ ______________________________ __ ________________________________ _ Frank Boyles, City Manager Charlotte Green, Administrative Asst. 07 18 11 City Council meeting minutes