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HomeMy WebLinkAboutAgenda & Minutes PUBLIC FORUM - 7pm REGULAR COUNCIL MEETING AGENDA Date: JUNE 3, 2002 1 CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m. 2 APPROVAL OF AGENDA: 3 CONSIDER APPROVAL OF MAY 20,2002 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 Amendments to Parks Advisory Committee Bylaws. C) Consider Approval of a Resolution Granting Variances for Property Located at 14620 Oakland Beach Avenue S.E. (Mosey) as Directed by the Council at its May 20, 2002 Regular Meeting. 5 ITEMS REMOVED FROM CONSENT AGENDA: 6 PRESENTATIONS: A) Presentation on Rules and Fee Schedule for Skate Park Facility. 7 PUBLIC HEARINGS: A) Public Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility Easement Located on Lots 21-23, Block 2, Wensmann First Addition. B) Public Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility Easement Located on Lot 39, Block 1, Wensmann Third Addition. 8 OLD BUSINESS: A) Consider Approval of a Resolution Approving the 2003-2007 Capital Improvement Program (CIP). B) Consider Approval of Modifications to Naming Policy. C) Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Street Reconstruction for 2002 Improvement Project Including Estate Avenue Lift Station Renovation. D) Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Trails, Parking Lot and Basketball Court. E) Consider Approval of Proposed Rules and Fee Schedule for Skate Park Facility. 060302 ..''.___.'....----,--..M.".'."''.' ,'_....,....._.__._....."....._..._..___....".__.,._......__.... ".. "'_""''''_''''_' _...... _..._..~~_.-r--._"_.._._., 9 NEW BUSINESS: A) Consider Approval of a Resolution Approving the Preliminary Plat for Red Cedar Heights. B) Consider Approval of an Ordinance Approving a Rezoning From R-1 to R-2, Approval of a Resolution Approving an Amendment to Wensmann 1st Planned Unit Development, and Approval of a Resolution Approving a Preliminary Plat to Be Known as Wensmann 3rd Addition. C) Consider Approval of a Resolution Amending the Comprehensive Plan for Wilds North. D) Consider Approval of an Ordinance Approving a Zoning Change Request for the Prope rty Located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 115, Range 22, and Re-Classifying Hass Lake. E) Consider Approval 0 faR esolution Authorizing t he Agreement f or Joint Assessment Between the City of Prior Lake and Scott County. F) Consider Approval of an Ordinance Amending City Code Section 106.500 to Increase the City Manager's Purchasing Authority. G) Consider Approval of a Moratorium Ordinance on Certain Uses of Firearms in the City of Prior Lake, Minnesota. 10 OTHER BUSINESS/COUNCILMEMBER REPORTS: 11 ADJOURNMENT 060302 !I .-.,........-..----."..,..-....-.---.-... ,....-........-".........., '. ..,'".........-.--.....-."" .., .,."...._.._...._.~- i . REGULAR COUNCIL MEETING MINUTES May 20,2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Acting Mayor Petersen, Councilmembers Gundlach, Zieska and LeMair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, Community Development Director Rye, Finance Director Teschner, Asst. City Manager Walsh, Zoning Administrator Horseman, Sergeant Greg Zollner and Recording Secretary Meyer. Mayor Haugen was absent. APPROVAL OF AGENDA: Zieska: Asked to add an item under Old Business regarding re-striping the upper parking lot at Lakefront Park. MOTION BY LEMAIR, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES OF MAY 6. 2002 REGULAR MEETING MINUTES. Boyles: Noted that roll call votes on several pages had inadvertently omitted Councilmember Gundlach. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE THE MAY 6,2002 MEETING MINUTES AS AMENDED. VOTE: Ayes by Petersen, Gundlach, 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 Fire Call Report. (F) Consider Approval of a Temporary 3.2 Non-Intoxicating Liquor License for the Cystic Fibrosis Foundation. Bovles: Reviewed the consent agenda items. MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE PRESENTATIONS: Result of Scott County Aging Study (Jennifer Dushane) Dushane: Discussed the Scott County Aging Study including the growth of the population over 60 years of age, increasing demand for health care, housing needs, transportation challenges, and summarized the information from the seven senior forums conducted by Scott County. Petersen: Commented on several of the senior housing projects that had been initiated in Prior Lake. Also asked County Commissioner Barb Marschall to comment. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER r-- City Council Meeting Minutes DRAFT May 20, 2002 Marschall: Further commented on the well-attended groundbreaking ceremony that took place at Shepherd of the Lake on the previous day. Added that the County in now attempting to form partnership to eliminate some of the gaps in service that we heard seniors address during the forums. Consider Approval of a Resolution Recognizing the Period of May 24th through June 2nd as "Buckle Up Prior Lake" Zollner: Briefly reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 02.72 RECOGNIZING MAY 24TH THROUGH JUNE 2ND AS "BUCKLE UP PRIOR LAKE"WEEK. VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried. Bovles: Noted several statistics from the staff report confirming the importance of using safety belts. CONTINUATION OF BOARD OF REVIEW Bovles: Reviewed the action taken at the public hearing of the Board of Review on May 6, 2002, and asked County Assessor Leroy Arnoldi to review his findings. Arnoldi: Advised that the two properties in question both are challenging properties that require a reduction in the assessed value due to water impacts upon the properties. Gundlach: Asked how the reduction amount for the Schweich property was arrived at. Arnoldi: Explained that due to the uniqueness of the property and the impacts of Markley Lake, some adjusted was warranted. The property owner agreed that the assessed value from the previous year was fair. MOTION BY ZIESKA, SECOND BY GUNDLACH, TO ACCEPT THE FINDINGS OF THE SCOTT COUNTY ASSESSOR. VOTE: Petersen, Gundlach, Zieska, and LeMair, the motion carried. MOTION BY GUNDLACH, SECOND BY ZIESKA TO ACCEPT THE 2002 SCOTT COUNTY VALUATIONS. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. MOTION BY GUNDLACH, SECOND BY LEMAIR TO ADJOURN THE 2002 BOARD OF REVIEW. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. PUBLIC HEARINGS: Public Hearing to Consider Approval of a Resolution Vacating the Drainage and Utility Easement Located on Lot 1, Block 2, Waterfront Passage Addition (Case File #02-043). Rve: Reviewed the agenda item in connection with the staff report. Acting Mayor Petersen declared the public hearing open. No members of the public were present to address the Council on this issue. 2 City Council Meeting Minutes DRAFT May 20, 2002 MOTION BY LEMAIR, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. Gundlach: Asked if the property was still a collection point for storm water water ponding. Rve: Commented that the water is routed the same but there were some additional ponding areas created through development. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.73 APPROVING VACATION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 1, BLOCK 2, WATERFRONT PASSAGE ADDITION. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. Public Hearing to Consider an Appeal of the Planning Commission Decision to Deny Variances to Allow a Structure Setback of 1-Foot to a Front Lot Line, a 1.3-Foot Sideyard Setback, a Building Separation Less then 15 Feet, a Sum of Side Yards Less than 15 Feet, an Eave Encroachment into a Side & Front Yard, a 62.8-Foot Building Wall Setback to Side Yard, and a Driveway Setback to the Side Yard (Case File #02-029PC) Boyles: Advised that the next two agenda items were public hearings dealing with appeals of decisions of the Planning Commission. Horsman: Thoroughly reviewed the agenda item and the 9 variance requests in connection with the staff report. Further discussed the staff's recommendation to grant variances 1, 2, 5 and 7, and the Planning Commission's rationale for the denial. LeMair: Asked about the rationale for removing the vestibule. Horsman: Noted that the vestibule variances most adversely impacted the neighboring property. Acting Mayor Petersen declared the public hearing open. Steve Mosev (14620 Oakland Beach Ave. SE): Discussed the need for the vestibule because there would be no access to the house other than through the garage. Also discussed the entrance into the house and an internal stairway. Noted that he did have a letter from the impacted neighbor advising that they supported the proposed vestibule/garage addition. Further addressed the Planning Commission decision and correspondence from Larry Miller supporting the Planning Commission decision, noting that Mr. Miller is frequently in the area and lives in Minneapolis, the platted private roadway has never been used and that current structures impact the existing road, and that the Planning Commissioners had not been out to see the site. Further noted that to remove the misplatted road from the property is prohibitively expensive. Zieska: Asked about the impervious surface in the front of the house, and if a 28-foot wide driveway is needed. Noted that if the driveway width was reduced to 24 feet or less, two of the requested variances would not be needed. Steve Mosev: Confirmed that some of the impervious surface in the front of the house would be removed. Also noted that the driveway calculation for impervious surface was in error. Bovles: Asked where Mr. Miller's property was located in relation to the Mosey property. 3 1-- City Council Meeting Minutes DRAFT May 20, 2002 Steve Mosev: Indicated that Mr. Miller's property was on the vestibule side of his property, but not directly adjacent. Mr. Borman was the immediate neighbor on the vestibule side. Wavne Mosev (14524 Glendale Ave. SE): Advised he owns property on Oakland Beach as well. Supported the variance requests in order to update and upgrade the neighborhood and enhance property values. Further discussed the work he does to maintain the private road. Believes Steve's proposal does not adversely affect the neighborhood, nor would he support the requests if it jeopardizes his friendships within the neighborhood. MOTION BY ZIESKA, SECOND BY LEMAIR TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. Horsman: Noted that variances 8 and 9 would not be needed if the location of the driveway is as proposed, the driveway remains 24 feet or less, and the existing driveway is removed. Gundlach: Discussed that the impervious surface is obviously above 30%, and asked if a previous variance had been received. Horsman: Advised that there was no previous impervious surface variance received and a variance is not required since the applicant is proposing to remove the impervious surface. Zieska: Commented that the applicant's request seemed to address only the minimum variances in order to adequately use his property. Also noted that the applicant is not encroaching the lake side of the property and is reducing impervious surface. LeMair: Agreed with Councilmember Zieska that great care is taken on the lake side of the lots and improvements to the front of the lots seemed beneficial to the neighborhood. Gundlach: Concerned about allowing nine variances. Commented that he would be comfortable with the staff recommendation, granting variances 1, 2, 5 and 7. Believed the Council had a responsibility to not set a precedent extending a non-conforming use. LeMair: Asked if there isn't still an extension of a non-conformity whether it's as proposed, or at a 45% cut. Horsman: Advised that even at a 45 degree angle, the vestibule addition would require some variances. Added that the ordinance does permit a 5-foot vestibule encroachment into the front yard setback. The reason for not recommending approval of the vestibule was because of the side yard encroachment and the impact on the adjacent neighbor. Petersen: Believes that the adjacent neighbor is in support of the improvements and not opposed to the vestibule addition as proposed. MOTION BY ZIESKA, SECOND BY LEMAIR TO DIRECT THE STAFF TO PREPARE A RESOLUTION TO OVERTURN THE PLANNING COMMISSION DECISION AND GRANT VARIANCES 1 - 7. Pace: Advised that extending the non-conformity would apply to the side yard, but not the front yard at 12 feet because a 5- foot encroachment is permitted. Gundlach: Noted that the amount of pavement is also in violation of City ordinances. 4 City Council Meeting Minutes DRAFT May 20,2002 Zieska: Advised that if the Council chose to limit the size of the vestibule 1Urther, there would be a jog at the corner of the house, and the vestibule would look added rather than part of the structure. Gundlach: Suggested that a condition of the resolution would be to remOVE the remainder of the impervious surface. The motion and second accepted the c:mendment. VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried. The Council took a brief rece:;s. Public Hearing to Consider Approval of a Resolution Upholding the Decision of the Planning Commission to Approve Variances to the Top of the Bluff Setback, Front Yard Setbac/., Lot Width and Driveway Width at the Front Property Line for the Construction of Single-Family Dwelling on Property Located at 5584 Candy Cove Trail and Zoned R-1SD. Rve: Reviewed the agenda item in connection with the staff report. Gundlach: Asked what the discussion was at the Planning Commission re~arding the top of the bluff. Rve: Recalled that the issues relative to the bluff did not receive a great c :l1ount of discussion, and that the ge04echnical report addressed the issues to the bluff. Gundlach: Asked how the rationale relates when the City has denied de:ks and eaves that encroach the bluff setback. Further asked if there is a potential for this structure to remain behind the top of the bluff. Rve: The stated policy is the bluff setback ordinance. Once the circur lstances dictate that the ordinance is unduly prohibitive, you look for solutions that can be as beneficial as possible. Once the setback is encroached, there is not difference between 1 foot or 20 feet. The safety factor is determined by the ungineering and geological reports. Acting Mayor Petersen declared the public hearing open. Allison Gontarek (Attorney on behalf of Mr. Toohey): Advised that extensive geological studies have been completed, and based upon the borings, the engineer advised the bluff is stable for the Pu;"poses of constructing the proposed home. Mr. Toohey realized in advance that he would assume some risk and therefore spent a great deal on engineering studies before applying for the variances. Further noted that without the variances, Mr. Toohey is denied reasonable use of his land. Advised that a tree inventory had been completed as well. LeMair: Asked when the property was purchased and the intent for the property. Mark Toohev (5584 Candy Cove Trai~: Confirmed that he purchased the property 6 years ago, and intended to build a house. Zieska: Asked if Mr. Toohey had been assessed for improvements to Candy :~ove Trail. Toohev: Confirmed. 5 ........- City Council Meeting Minutes DRAFT May 20,2002 Gundlach: Asked Ms. Gontarek to address the engineer's report and the conditions it proposed relative to bluff setback. Gontarek: Advised that through the engineering report and consultation with the City's planning and engineering staff, was to move the house forward so that most of the dramge will go across the public right-of-way. Dale Braddv (5572 Candy Cove TraiD: Urged t1e City Council to overturn the decision of the Planning Commission. Believed that if he was able to be present at the P:anning Commission meeting, the variances would have been denied and there would be no reason to be here tonight. CO'1tinued that the 28-foot driveway is not necessary when the rest of the properties have 24-foot driveways. Advised that t I: Watershed, DNR and Lake Advisory Committee should be involved in determining the impacts on the lake and surrounding neighborhood. Advised that the lots adjacent to this property are not buildable, and are used for access only dUE to the non-conformities. Believed development of the property will unreasonably impact the character and integrity of the surrounding properties, advising that the surrounding properties are higher and the bluff must be in place to hold those properties. Noted that he had the Vice President of James R. Hill Engineering walk the property and he reported that "Regarding Lot 31, Candy Cove Park, Per your request I have reviewed the reports, ordinances, surveys pertaining to the above referenced lot. 1. The hardship was created with the purchase of this lot. The present owner of the Lot 31 purchased the lot subject to the present ordinances. He purchased the lot with no building envelope. 2. The setbacks existing in the neighborhood are based on the averaging of adjacent homes. The adjacent setbacks do not support 0 setback on Lot 31. The soil boring logs do not indicate any blow counts. The standard penetration test blow counts are not indicated.. .Further commented that we do not know how stable that bluff is. He already has had to mud jack his house numerous times. Believes runoff from the lot will adversely impact his property. Believes the bluff ordinance is meaningless if the variances are granted. Further advised that the only access to the property is a blind curve. Dan Baxter (5496 Candy Cove TraiD: Also opposed to the requested variances, and noted that Mr. Toohey was aware that the property was unbuildable, and sometimes you just get stuck. Believes that the borings were done in the area off the bluff, rather than on the bluff itself. His personal experience is that there are large pockets of sand in the area. Concerned that the bluff ordinance would be disregarded, anc that the driveway impervious surface is excessive. Bruce Thomas (5547 Candy Cove TraiD: Sub llitted a petition by the neighborhood opposing the variance requests. Agreed with the comments by the two previous prJperty owners. Rve: Advised that most of the driveway is 16 feet width, and only where the turning radius begins is the driveway 28 feet. Thomas: Believed removing the bluff will adversely impact the neighborhood due to noise, the amount of the bluff that will be removed, and pointed out that this is not just an encroachment, the bluff is being removed. Matthew LonQ (5472 Candy Cove TraiD: Read John Schlegel (5488 Candy Cove TraiD statement into the record opposing the variance requests. Further advised that Mr. Toohey told him that the lot was unbuildable. Debbie Thomas (5547 Candy Cove TraiD: Added that their lot was bought in 1995 and that the purchase price for Mr. Toohey's lot was not reflective of a buildable lakeshore lot, and that he knew at that time the lot was not buildable. Rich Zavrel (5472 Candy Cove TraiD: Also opposed to the variances. Believes the hardships were known hardships, and that the Council should act on behalf of the citiz~ns of Prior Lake as a whole, and that we must maintain the integrity of our ordinances. 6 City Council Meeting Minutes DRAFT May 20, 2002 Shelley Hines (5540 Candy Cove Tram: Shares the concerns about impacts on the neighborhood. Asked that the variances not be granted. Believed that the adjacent vacant pieces of property may follow suit and would overall adversely impact the current homeowners and that the bluff provides a sound barrier for the neighborhood. Art Schoot (5562 Candy Cove Trai~: Noted that there are already significant impacts from water runoff in the area, and if the structure is built and other lots follow, it will be too late for the homes currently in place that will suffer the impacts of the water runoff. Buddv Bronstein (5524 Candy Cove Trai~: Believes the Council needs to consider that the lot is not buildable and that variances shouldn't necessarily be granted to make it buildable. Further commented on the significant noise impacts on the neighborhood. JacQueline Bronstein (5524 Candy Cove Trai~: Very concerned about the noise impacts on her property and that her property will be adversely impacted in value. Susan Braddv (5572 Candy Cove Trail): Stated that these variances allow the bluff to be removed, and once it's gone, it can't be replaced. Believes the Planning Commission did not do their job, and that the City Council should protect the current homeowners. Stated that Mr. Toohey knew that he purchased an access only lot, and he can't go back and change his mind. Gontarek: Advised that analysis quoted by Mr. Braddy from James R. Hill is not based on any soil borings. Mr. Toohey has worked closely with the City's Engineering department with respect to the engineering and drainage reports through this whole process. Believes the Council's action tonight is to determine if the Planning Commission did its job in considering the hardship criteria. Believed that the screening of noise will be better with a structure, rather than the bluff. Further clarified that there was a MnDOT permit across the public right-of-way for lake access which was eventually blocked. Also noted that at this point, most of the houses in Candy Cove would not comply with the ordinances without variances. Repeated that that Mr. Toohey's proposed structure is modest in size and that he is not asking for extravagances. Mark Toohev: Advised that when he purchased the property, he was aware that it could be a buildable lot if the impacts to the bluff could be mitigated. MOTION BY GUNDLACH, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried. The Council took a brief recess. MOTION BY ZIESKA, SECOND BY LEMAIR, TO UPHOLD THE PLANNING COMMISSION DECISION. Zieska: Commented that the Council must uphold the ordinance of the City and the statutes of the state. Asked the City Attorney to defined what a buildable lot of record is. Pace: Read from Zoning Ordinance sections defining a buildable lot of record and non-conforming lots in the shoreland district. Further commented when considering a variance, the Council must look at the property as a whole, not who knew what or when. To deny some single-family use 0 his~t"OrOOing undUly restfiCtive;-even.tbol.!9h it may be non-conforming, would be denying the property owner reasona use of his property, and ~ a regulatory taKifig~ Co~I~ ~( ~~IA-{J 2.5 ) Petersen: Concerned about water drainage, and the zero lot line.... ' ) -' 7 .,...--.- City Council Meeting Minutes DRAFT May 20,2002 Pace: Advised that the Council can consider implementing conditions which would mitigate the impacts on the surrounding properties. Gundlach: Suggested a compromise and selling the property vacated by the state to the City and then having the owner bring a revised plan back that would turn the house and move it, with the intent of mitigating the impact on the bluff and the water runoff and noise issues. There might be an opportunity to resolve the issues by, in effect, changing the property line. Suggested having the City work with the applicant to negotiate the transfer of the vacated right-of-way to the applicant, and if they are unable to make progress, the applicant could request the Council to vote on this appeal. Zieska: Commented that the Council has the deadline of June 17th to act on the application, and that the sale of the property would be time consuming and subject to an easement to access the Toohey property. Pace: The question with this proposal is whether the City can sell this property, which would require that the City publish and sell to the highest bidder. LeMair: Commented that the Council cannot tell a property owner he can't use his property, and even though the topography creates difficult issues, there has to be some compromise. Believes the hardship criteria have been met. Zieska: Agreed that something has to be allowed, and that this home is modest for Prior Lake at 1800 square feet. Believes the hardship criteria have been met. It is unreasonable to deny the applicant the use of his property in order to act as a sound barrier for his neighbors. LeMair: Does understand the viewpoint of the neighbors in the area, and that construction will change the area. Concerned with the development of the other five lots in the area. Gundlach: Believes the purpose of the ordinance is to protect the bluff as much as possible, even though we can't deny that the lot is buildable. Suggested that some conditions be initiated to mitigate the impacts on the bluff. Zieska: There is no doubt that the bluff will be impacted in this area. Shared Council member Gundlach's concern with the soil borings. Offered that a condition could be imposed that another soil boring be taken at the northeast corner of the proposed structure. Gundlach: Asked about the retaining wall. Pace: Advised that the retaining wall would require an additional building permit and would require substantiation by an engineer at that time. LeMair: Agreed with the additional soil boring provision. Pace: Concerned that the drainage plan is subject to the stability of the bluff soils. Zieska: Asked if there is a condition that can be imposed to mitigate the drainage impacts on adjacent properties. Petersen: Commented that it would be best to be able to hold the water on the lot, even though the drainage plan shows much of the runoff to the front of the house. Zieska: Added another condition that a separate storm water management plan be prepared that would show no additional runoff onto neighboring properties, or provide a plan to mitigate it. 8 City Council Meeting Minutes DRAFT May 20, 2002 VOTE: Ayes by Zieska and LeMair, Nay by Gundlach and Petersen. The motion failed. Pace: Clarified that because the Council is deadlocked, the Planning Commission decision stands without any of the mitigating factors suggested during the course of this m~eting. Asked if ~~ould all agreed that, understanding that the Planning Commission decision is upheld given the Council's te, that they ~Id agree~ to reconsider the item in order to impose conditions. LiM~: A4tJ ~~ i MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVING RESOLUTION 02-74 UPHOLDING THE PLANNING COMMISSION DECISION WITH THE FOLLOWING ADDITIONAL CONDITIONS: (1) REQUIRING AN ADDITIONAL SOIL BORING AT THE NORTHEAST CORNER OF THE HOUSE AS DETERMINED BY A REGISTERED ENGINEER, (2) REMOVAL OF THE DECK AT THE NORTHEASTERN MOST CORNER OF THE HOUSE, AND (3) REQUIRING A STORM WATER MANAGEMENT PLAN SHOWING NO ADDITIONAL DRAINAGE IMPACTS ON THE SURROUNDING PROPERTIES OR PROVIDING A PLAN TO MITIGATE THE DRAINAGE IMPACTS. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. OLD BUSINESS: Consider Approval of a Resolution Receiving Bids and Awarding a Contract to Davies/Northern Water Works for the Meter Replacement and Automated Meter Reading System Project. Osmundson: Reviewed the agenda item in connection with the staff report. MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE RESOLUTION 02.75 RECEIVING BIDS AND AWARDING CONTRACT TO DAVIES/NORTHERN WATER WORKS FOR THE METER REPLACEMENT AND AUTOMATED METER READING SYSTEM PROJECT. Bovles: Asked if the meter transmitters would interfere at all with television reception. Osmundson: No, the meters are FCC approved. Zieska: Asked how long the meter transmitters will last. Osmundson: Up to 15 years. And advised that the only access needed for an individual's home would be for initial install, and then to troubleshoot. VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried. Consider Approval of Two Resolutions (1) Accepting Bids and Awarding the Contract for CSAH 42 Trunk Watermain Improvements (City Project 02-01) and (2) Authorizing Bonestroo Rosene Anderlik and Associates, Inc. to Provide Construction Inspection and Surveying for Project 02-01. Osmundson: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY LEMAIR, APPROVING RESOLUTION 02.76 ACCEPTING BIDS AND AWARDING CONTRACT FOR CSAH 42 TRUNK WATERMAIN IMPROVEMENTS. 9 'r-~ City Council Meeting Minutes DRAFT May 20, 2002 VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. MOTION BY LEMAIR, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.77 AUTHORIZING BRAA AND ASSOCIATES, INC. TO PROVIDE CONSTRUCTION INPSECTION AND SURVEYING FOR PROJECT 02-01. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Authorizing Full and Final Payment for the Drilling and Testing of a FIG Well. Osmundson: Reviewed the agenda item in connection with the staff report. Petersen: Asked if when the drill bit broke off, both holes needed to be filled. Osmundson: Advised that it was billed as a separate item. Bovles: Asked if the driller could just use what was available. Osmundson: Advised that the contractor is required to complete the project according to state standards. MOTION BY GUNDLACH, SECOND BY ZIESKA, TO APPROVE RESOLUTION 02.78 AUTHORIZING FULL AND FINAL PAYMENT FOR THE DRILLING AND TESTING OF A FIG WELL. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. [ADDED] Re-Striping of Lakefront Park Parking Lot Zieska: Advised that previous Council action had directed that the upper parking lot at Lakefront Park be re-striped as a secondary lot for truck and boat trailer parking. Believed that due to the construction of the new skate park, re-striping the lot was no longer appropriate. MOTION BY ZIESKA, SECOND BY LEMAIR DIRECTING STAFF TO NOT RE-STRIPE THE UPPER PARKING LOT AT LAKEFRONT PARK DUE TO THE INSTALLATION OF THE SKATE PARK FACILITY. VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried. NEW BUSINESS Consider Approval of 2001 Annual Financial Report and Management Letter. Steve MacDonald (Auditor, Abdo Eick & Meyers): Reviewed the 2001 Annual Financial Statement in connection with the staff report, noting no material weaknesses, compliance with state statutes, together with the breakdown of each of the fund balances. Also discussed the GASB 34 accounting standards which will be implemented over the next year. That process has been started. Zieska: Advised that his work as the treasurer of the Relief Association puts him in contact with the firm of Abdo Eick & Meyers, and that his experience has been positive. 10 City Council Meeting Minutes DRAFT May 20,2002 Gundlach: Discussed the City's favorable financial position, decrease in the City's portion of the property tax levy, and several steps taken to acquire properties. Zieska: Asked about cash flow compared to cash reserves. Bovles: Advised that the City's major source of income is from property taxes, and that the City must keep an adequate cash flow on hand in order to have available funds for operation until the City receives property tax revenues at mid-year and the end of the year. MOTION BY ZIESKA, SECOND BY GUNDLACH TO ACCEPT THE MANAGEMENT LETTER AND AUDIT REPORT. VOTE: Ayes by Petersen, Gundlach, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving an Agreement between Scott County and the City of Prior Lake for Dial-A-Ride Services. Walsh: Reviewed the agenda item in connection with the staff report. Zieska: Asked if the cost was built into the transit budget. Petersen: Asked about service to the airport. Walsh: Confirmed that the cost of the dial-a-ride service is built into the transit budget. Further commented that the City has not provided airport service in the past, nor is the service provided at this time, due to the prohibitive cost. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 02-79 APPROVING AN AGREEMENT BETWEEN SCOTT COUNTY AND THE CITY OF PRIOR LAKE FOR DIAL-A-RIDE SERVICES. VOTE: Ayes by Petersen, Gundlach, Zieska, and LeMair, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS Frank Boyles, City Manager A motion to adjourn was made and seconded. The meeting adjourned at 11: 1 Opm. 11 ......--