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HomeMy WebLinkAboutAgenda & Minutes 7:00 PM FORUM REGULAR COUNCIL MEETING AGENDA Date: JANUARY 22, 2002 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m. 2. OATH OF OFFICE (Jim Petersen) 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF JANUARY 7, 2002 SPECIAL MEETING MINUTES, JANUARY 7,2002 REGULAR MEETING MINUTES, AND JANUARY 11, 2002 SPECIAL 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 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 for December, 4th Quarter Report, and Annual Report for 2001. F) Consider Approval of Resolution Authorizing Purchase of Two (2) 2002 Crown Victoria Police Interceptor Squad Cars from Minnesota Cooperative Purchasing Program. G) Consider Approval of 2001 Fourth Quarter Investment Report. H) Consider Approval of a Resolution Approving Prior Lake Lions Club Premise Permit for Lawful Gambling. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PRESENTATIONS: A) Presentation to Retiring Council member Jim Ericson. 8. PUBLIC HEARINGS: A) Public Hearing to Consider an Appeal of the Planning Commission Denial of a Variance to the Lakeshore Setback on the Property Located at 15507 Calmut Avenue. 012202 -"-'-"~.._,, . ~._.__._.. 9. OLD BUSINESS: A) Consider Approval of a Resolution Authorizing Final Payment to Valley Paving for Linden Circle Construction (City Project 00-14). B) Consider Approval of a Resolution Approving the Public Works Design Manual. C) Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Staff to Solicit Bids for Athletic Field Lighting at The Ponds Athletic Complex. D) Consider Approval of a Resolution Awarding Contract for Construction and Monitoring of a Test Well to Determine Feasibility of the Development of a FIG Well for Brooksville Hills. 10. NEW BUSINESS: A) Consider Approval of a Resolution Denying the Planned Unit Preliminary Plan for a 43- Unit Townhouse Development and Resolution Denying the Preliminary Plat to be known as Eagle Wood East. B) Consider Approval of a Resolution Accepting Quotes and Awarding Contracts for the Purchase and Installation of Sanitary Sewer Lift Station to Serve the Concession/Restroom Building at Thomas Ryan Memorial Park. C) Consider Approval of a Resolution Authorizing the Mayor and City Manager to enter into a Three-Year Lease Agreement for 16220 Main Avenue. D) Consider Approval of a Resolution Authorizing the Purchase of a Jet Vac Truck through the State Cooperative Purchasing Program. E) Consider Approval of Resolution Authorizing Conveyance of Tax Forfeited Land to the City of Prior Lake for a Regional Pond. F) Consider Approval of Resignation of City Councilmember Jim Ericson, Declare a Vacancy on the City Council, and Consider Method for Filling City Council Vacancy. 11. OTHER BUSINESS: 12. ANNOUNCEMENTS/CORRESPONDENCE 13. ADJOURNMENT 012202 ...... ......"--.>-.~---"'" _.._.~.-..... -.._"._",--~---",".-,-,,, ~ SPECIAL COUNCIL MEETING MINUTES January 7, 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Ericson and Zieska, Planning Director Rye, Assistant City Manager Walsh, Zoning Administrator Horsman and Recording Secretary Meyer. Council member Petersen was absent. OATH OF OFFICE: Boyles: Gave the oath of office to Jack Haugen as the elected Mayor, and to Joe Zieska as an elected City Councilmember. PLEDGE OF ALLEGIANCE. CONSENT AGENDA: NONE PRESENTATIONS: NONE PUBLIC HEARINGS. Consider Approval of a Resolution Upholding the Denial of Variances for Side Yard Setback and Impervious Surface for Property Located at 15239 Fairbanks Trail (Norling). Horsman: Reviewed the agenda item in connection with the staff report, discussing the plans of the applicant and the Planning Commission action and rationale to date. Zieska: Asked for clarification that the drawings shown identified the building that could be constructed with the three variances granted in green, and that the yellow area shows the differences between what they desired and what was approved. Horsman: Confirmed, and noted that the deck area was removed and that the question before the Council involves only the garage. Gundlach: Asked for clarification on the request for the side yard variance and how that impacts development on the neighboring property. Horsman: Advised that if the minimum setback for this property is set at 5 feet, and keeping in mind that the minimum setback between buildings is 15 feet, there would be a limitation on the adjacent property owner from expanding toward the property line. As proposed, the setback on the other side would be 8.85 feet and would restrict the other adjacent property owner similarly. Gundlach: Asked if there has been any indication or objection by either of those neighbors. Horsman: Indicated that there was no opposition in writing or at the public hearing. Gundlach: Asked about the request for the impervious surface variance. 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 Special Meeting Minutes DRAFT January 7,2002 Horsman: Indicated that the applicant has discussed a proposal for rain barrels with the Watershed District. Currently, the City staff nor the DNR accepts rain barrels as an acceptable method of mitigating impervious area. As proposed, the project is 2.9% over the impervious surface maximum. Gundlach: Asked what issues are addressed to determine that 30% would be the maximum allowable impervious surface. Horsman: Discussed the issues presented by the Engineering Department in considering impervious surface, including that (1) increasing the impervious surface adjacent to the lake reduces the buffer strip which is necessary to remove pollutants from runoff; (2) increasing the impervious surface promotes lake creep which is the encroachment of buildings and impervious areas toward the shoreline; (3) it increases the potential for shoreline erosion, and (4) it contradicts the goal of the Comprehensive Lake Management Plan to minimize the transfer of nutrients and sediment and runoff from City streets and land which impact the lake. Ericson: Asked what the square footage is of the footprint that has been approved by the Planning Commission. Horsman: 2180 square feet according to our calculations as supplied by the survey company. Noted that deck area is not calculated in impervious surface as long as certain conditions are met. In addition, included in the maximum 30% area of 2180 square feet is the larger driveway and entry way. Ericson: Noted that as far as the driveway, the Council may want to consider that the proposal may actually be less impervious surface that currently exists even though the materials are different. Zieska: Noted that the rear lot line is approximately 15 feet from the shoreline, which would affect the impervious surface calculation depending upon the lake level. Horsman: Advised that for calculation of impervious surface on lake lots is from the 904 OHW. Rve: Advised that technically, land below the 904 OHW mark is owned by the State of Minnesota under statute, which is why the calculations are done. Horsman: Estimated that the additional area is approximately 200 square feet. The variance request is for 214 square feet. Rve: Also noted that the 30% impervious surface maximum is an implementation of DNR rules and regulations. The DNR regulation for a general development lake is typically 25%, even though the ordinance was adopted at 30%. Mayor Haugen declared the public hearing open. Dave Norlina (15239 Fairbanks Trail NE): Thanked each of the Councilmembers for their time in getting the background on this issue. Discussed the process with the Planning Commission to date and the revisions that have been made from the original plan including reduction of the garage and driveway area, eaves and overhangs, and the use of rain barrels. Noted that they did submit a letter noting how each of the variances presented a hardship. Further noted that in order to put a bedroom on the lower, a walkout is necessary as the only safe fire escape route. Also noted that allowing the garage and driveway will relieve the parking congestion at the street and allow better access for emergency vehicles. Rachel Norlina: Added that they have attempted to follow the guidelines set by the City, and have revised the original plans considerably. Noted that they were aware of the size of the lot when it was bought, but that they need a useable home. 2 City Council Special Meeting Minutes DRAFT January 7, 2002 Zieska: Asked if there were costs that were incurred as a result of their understanding that the variances had been granted by the Planning Commission. NorlinQ: Confirmed. Gundlach: Asked the costs of the paver driveway. Norlina: Advised that it was $2.86 per block. Other grading costs would be required, and the paver system itself has some concerns when you factor in the Minnesota climate and how the subgrade would hold up through freezing and thawing, particularly with a $7500 to $10,000 initial cost. Zieska: Asked the minimum square feet for standard riparian lot. Rve: 15,000 if riparian, 25,000 if non-riparian. Brian Porth (15271 Fairbanks Trai~: Added that having the cars removed from on-street parking would certainly provide better access. Also believed that staying 8.85 feet from the lot line is adequate, and that he believed the Norlings have done a commendable job in trying to address all the concerns. Mayor Haugen declared the public hearing closed. Pace: Noted a petition signed by 10 neighbors of the Norlings requesting that variances be granted, and submitted it into the formal record. Hauaen: Commented that it seemed that an effort was made to reduction the impervious surface by adding the green space areas around the driveway. Also believed there was a safety issues with being able to remove vehicles and recreational vehicles from the on-street parking area. Also believed that eliminating the entry from the side of the house was a much more consistent pattern of entry to the home. Does not believe granting the variance would be injurious to the health, safety or welfare of the neighborhood. Ericson: Agreed with the comments by Mayor Haugen that allowing the variances would be overall beneficial to the neighborhood. Zieska: Supported granting the variances as well, and noted that the expansion of the structure was to the street side rather than the lake side, which is not typical of many variance requests. Further noted that the lot was particularly small in comparison to a standard lot. Gundlach: Also agreed that overall the improvements would be positive for the neighborhood. Suggested that the Council consider adding a condition to the resolution requiring the rain barrels. MOTION BY ZIESKA, SECOND BY ERICSON DIRECTING STAFF TO PREPARE A RESOLUTION OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND GRANTING THE VARIANCES REQUESTED WITH THE ADDED CONDITIONS FOR THE RAIN BARRELS. Gundlach: Asked if the green space between the driveways would be a requirements. Horsman: Clarified that the revised impervious surface calculation included the green space and would therefore be required. 3 City Council Special Meeting Minutes DRAFT January 7, 2002 Rachel Norlinq: Asked what the next step in the process would be. Boyles: Advised that the next regular Council meeting would be January 22, 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Haugen: Suggested that the City Council hold a special meeting later in the week to consider final approval of the resolution. MOTION BY HAUGEN, SECOND BY ERICSON TO SET A SPECIAL MEETING TO CONSIDER THE FINAL RESOLUTION TO BE DETERMINED BY THE CITY MANAGER. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. OLD BUSINESS: NONE NEW BUSINESS: NONE OTHER BUSINESS I COUNCILMEMBER REPORTS: NONE. A motion to adjourn was made and seconded. The meeting adjourned at 6:30pm. Frank Boyles, City Manager 4 t?e2~e. st.(bsi,'ffAtc for' fl.t Jt1'~~es J"fr'-bLi1 ul ~JI" lawn ~ll p~Lh+s. REGULAR COUNCIL MEETING MINUTES January 7. 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were City Manager Boyles, Mayor Haugen, Councilmembers Gundlach, Ericson and Zieska, Planning Director Rye, Planning Coordinator Kansier, City Engineer McDermott, Assistant City Manager Walsh, and Recording Secretary Meyer. Councilmember Petersen was absent. OATH OF OFFICE: Bovles: Introduced Earl Laufenburger, who is Jack's father-in-law, long-time friend and a retired Mayor of Winona, Minnesota. Mr. Laufenburger was present to administer the oath of office. Earl Laufenburger asked Jack Haugen to raise his right hand and repeat the oath of office. In doing so, Jack Haugen assumed the responsibilities of Mayor of the City of Prior Lake, Minnesota. City Manager Boyles administered the oath of office to Joe Zieska, who assumed the responsibilities of a member of the City Council of Prior Lake, Minnesota. NATIONAL ANTHEM and PLEDGE OF ALLEGIANCE. APPROVAL OF AGENDA: MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE THE AGENDA AS PRESENTED. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. APPROVAL OF REGULAR MEETING MINUTES OF DECEMBER 17, 2001. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE THE MINUTES OF DECEMBER 17, 2001 AS PRESENTED. VOTE: Ayes by Gundlach and Zieska, the motion carried. Mayor Haugen and Council member Ericson abstained because they were not present at the December 17,2001 meeting. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of a Resolution Electing the Non-Waiver of Statutory Municipal Tort Liability Limits and Declining Excess Liability Insurance Coverage. (C) Consider Approval of a Resolution Approving a Common Interest Community Plat for Deerfield. (D) Consider Approval of Temporary Liquor Licenses for St. Michael's Catholic Church for their Gala Dinner Fundraiser: (1) Temporary 3.2 Liquor License; and (2) Temporary Consumption and Display Permit. Bovles: Briefly reviewed the Consent Agenda items. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. PRESENTATIONS: NONE 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 January 7,2002 PUBLIC HEARINGS. NONE. OLD BUSINESS: NONE. NEW BUSINESS: Consider Approval of Appointments to Boards and Commission Boyles: Advised that the City Council bylaws require that the first meeting of the year be designated to conduct organizational business including annual appointments to boards and commissions. Suggested moving through each of the items with a motion, second and subsequent vote for each appointee. ActinQ Mayor for 2002: MOTION BY ERICSON, SECOND BY GUNDLACH TO APPOINT JIM PETERSEN AS ACTING MAYOR FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Official Newspaper for 2002: MOTION BY ZIESKA, SECOND BY ERICSON TO APPOINT THE PRIOR LAKE AMERICAN AS THE CITY'S OFFICIAL NEWSPAPER FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Official Bank No action was required due to the current three-year contract with Marquette Bank. Eaualization Committee: MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPOINT THE FULL COUNCIL AS THE EQUALIZATION COMMITTEE FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. AuditinQ Firm No action was required due to the current contract with Abdo, Abdo and Eick. Fiscal Consultant: MOTION BY ERICSON, SECOND BY ZIESKA, TO APPOINT STEVE MATTSON AS THE CITY'S FISCAL CONSULTANT FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Civil Defense Director: MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPOINT ROB BOE AS THE CITY'S CIVIL DEFENSE DIRECTOR FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Health Officer: . MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPOINT PARK NICOLLET AS THE CITY'S HEALTH OFFICER FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. City Council Bylaws: 2 City Council Meeting Minutes DRAFT January 7, 2002 Bovles: Suggested that the Council discuss bylaws revisions with each of the advisory committees at a joint meeting, and that a motion and second at this time be to leave the bylaws as is. MOTION BY ERICSON, SECOND BY GUNDLACH TO ACCEPT NO CHANGES TO THE CURRENT BYLAWS AT THIS TIME. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Citv Council Bvlaws Subcommittee: MOTION BY ZIESKA, SECOND BY HAUGEN TO APPOINT JIM ERICSON AND MIKE GUNDLACH AS THE CITY COUNCIL BYLAWS SUBCOMMITTEE FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Animal Control Officer: MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPOINT BOB MCALLISTER AS THE ANIMAL CONTROL OFFICER FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Special Assessment Committee: MOTION BY HAUGEN, SECOND BY GUNDLACH TO APPOINT JOE ZIESKA AND JIM PETERSEN AS THE SPECIAL ASSESSMENT COMMITTEE. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Parks Advisory Committee Liaison: MOTION BY ERICSON, SECOND BY HAUGEN TO APPOINT JOE ZIESKA AS THE PARKS ADVISORY COMMITTEE LIAISON FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Lake Advisory Committee Liaison: MOTION BY ERICSON, SECOND BY HAUGEN TO APPOINT MIKE GUNDLACH AS THE LAKE ADVISORY COMMITTEE LIAISON FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. PlanninQ Commission Liaison: MOTION BY GUNDLACH, SECOND BY ERICSON TO APPOINT JACK HAUGEN AS THE PLANNING COMMISSION LIAISON FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Citv ManaQer Evaluation Subcommittee: MOTION BY ERICSON, SECOND BY ZIESKA TO APPOINT JACK HAUGEN AND MIKE GUNDLACH AS THE CITY MANAGER EVALUATION SUBCOMMITTEE, AND TO DIRECT THE SUBCOMMITTEE AND STAFF TO BRING DRAFT 2002 GOALS TO THE NEXT REGULAR MEETING FOR DISCUSSION. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Annexation Task Force: MOTION BY ERICSON, SECOND BY GUNDLACH TO APPOINT JACK HAUGEN AND JIM PETERSEN AS THE ANNEXATION TASK FORCE. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. 3 City Council Meeting Minutes DRAFT January 7, 2002 Orderlv Annexation Board: MOTION BY ERICSON, SECOND BY ZIESKA TO APPOINT JACK HAUGEN AND JIM PETERSEN AS THE ORDERLY ANNEXATION BOARD. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Weed Inspector: MOTION BY GUNDLACH, SECOND BY ERICSON TO APPOINT STEVE HORSMAN AS THE CITY'S WEED INSPECTOR FOR 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Computer Subcommittee: MOTION BY ZIESKA, SECOND BY HAUGEN TO APPOINT JIM ERICSON AND MIKE GUNDLACH AS THE COMPUTER SUBCOMMITTEE. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. DesiQnatinQ Investment Authoritv: MOTION BY ZIESKA, SECOND BY ERICSON TO APPROVE RESOLUTION 02-03 AUTHORIZING RALPH TESCHNER AND FRANK BOYLES TO OPEN INVESTMENT ACCOUNTS IN THE NAME OF THE CITY OF PRIOR LAKE, INVEST SUCH FUNDS, AND TO EXECUTE ALL PURCHASES AND WITHDRAWALS ASSOCIATED THEREWITH. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Watershed District Liaison: MOTION BY ZIESKA, SECOND BY ERICSON TO APPOINT MIKE GUNDLACH AS CITY COUNCIL LIAISON TO THE PRIOR LAKE SPRING LAKE WATERSHED DISTRICT. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Transit Subcommittee: MOTION BY HAUGEN, SECOND BY ERICSON TO APPOINT MIKE GUNDLACH AND JOE ZIESKA AS THE TRANSIT SUBCOMMITTEE. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Consider Approval of City of Prior Lake Official Fee Schedule Bovles: Provided a brief review of the agenda item in connection with the staff report. MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE THE 2002 OFFICIAL FEE SCHEDULE AS PRESENTED. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS Zieska: Complimented staff on the efforts and success of Laker Lines. Also noted that a benefit would be held for Glenn Tang. Ericson: Noted that due to the sale of his home and the purchase of another property outside the community, he will be resigning his Council seat at the end of January conditional upon the closing the transaction. 4 City Council Meeting Minutes DRAFT January 7,2002 HauQen: Commented that although he has not had the chance to work closely with Councilmember Ericson yet, he had enjoyed their conversations and had looked forward to it. Wished Mr. Ericson and his family well in their future endeavors. Gundlach: Complimented Councilmember Ericson on his ability to stand by his principles and noted that although they often had different viewpoints, he respected Jim's conviction and enjoyed working with him over the past two years. Zieska: Also wished Councilmember Ericson and his family well in this transition and noted how he appreciated Jim's advice and efforts over the past year. Ericson: Thanked the community for electing him and noted that he has very much enjoyed the Prior Lake community. "Together- A New Vision" (Mayor Jack Haugen) HauQen: Thanked each of the Councilmembers individually and noted that he looks forward to working with each of them. Again wished Councilmember Ericson the best in his future endeavors. Continued and thanked his family, Frank Boyles, each of his campaign contributors and volunteers, past Mayors and Councilmembers, and Madd Jazz. Discussed the need for team efforts among the citizens of Prior Lake, the Council, and the City staff. Further discussed the commitments of the police, fire, and City staff, and the importance of the contributions of our youth organizations, senior citizens, civic groups, the Mdewakanton community, city advisory committees, and the Prior Lake American. Also thanked County Administrator Dave Unmacht for being present. Further stated that we cannot be an effective community without being an effective team. Discussed population growth and the impacts it will create. Pointed out several priorities for him during his term as Mayor, including open communication between government and the citizens, partnership with surrounding organizations and authorities, establishment of a citizens advisory committee to develop a 15-year vision for Prior Lake, effective management of lakes, development of a surface water management plan that includes conservation, efforts to maintain businesses and solicit new development, and to maximize the value of the tax dollars through expense control, investment in long-term priorities, and increased revenues. Closed by again thanking so many people for attending, and asked them to think about how they can contribute to the vision for Prior Lake. CLOSING: Madd Jazz led the audience in singing God Bless America. Frank Boyles, City Manager The meeting adjourned at 8:35pm. 5 SPECIAL COUNCIL MEETING MINUTES January 11, 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were City Manager Boyles, Mayor Haugen, Councilmembers Petersen, Gundlach, and Zieska, and City Attorney Joe Schmitt. Councilmember Ericson was absent. OATH OF OFFICE (Jim Petersen) City Manager Boyles administered the oath of office to Jim Petersen, who swore to uphold the duties of the office of City Council member in the City of Prior Lake. OLD BUSINESS: Consider Approval of a Resolution Reversing a Decision of the Planning Commission and Approving a 1.5-Foot Variance to Permit a 13.5-Foot Sum of Side Yards and a 2.9% Variance to Permit an Impervious Surface Coverage Area of 32.9% on the Property Located at 15239 Fairbanks Trail. Bovles: Briefly reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 02-04 REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING A 1.5-FOOT VARIANCE TO PERMIT A 13.5-FOOT SUM OF SIDE YARDS AND A 2.9% VARIANCE TO PERMIT AN IMPERVIOUS SURFACE COVERAGE AREA OF 32.9% ON THE PROPERTY LOCATED AT 15239 FAIRBANKS TRAIL. VOTE: Ayes by Haugen, Gundlach, Petersen and Zieska, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS: Executive Session to Discuss Pending Litigation The Mayor advised that the Council would adjourn to Executive Session to discuss pending litigation regarding Boderman. Upon returning from Executive Session, the Mayor advised that no formal action was necessary, and that counsel had been provided with direction. de and seconded. The meeting adjourned at 4:15pm. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER