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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA NOVEMBER 18, 2002 7:00pm Fire Station No.1 . . CITY COUNC1L WORK SESSION uncil will conduct.a work session at 5:30pm prior to the Council meeting on the following topics. · Se e Ordinance Side and Fence Issues Thi to the public. 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 p.m. 2. PUBLIC FORUM: The Public 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. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. A) Concerns Regarding 2002 Street Reconstruction Project (Mark Nesvig) 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF NOVEMBER 4, 2002 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 F) Consider Approval of a Resolution Authorizing the Mayor and City Manager to Execute a Settlement Agreement. G) Consider Approval of a Resolution Authorizing Full and Final Payment to Prior Lake Blacktop Inc. for Construction of Pleasant Street Parking Project, City Project 02-13. . H) Consider Approval of Temporary 3.2 Liquor License for Church of St. Michael. I) Consider Approval of Temporary Consumption and Display Permit for the Church of St. Michael. J) Consider Approval of a Resolution Reversing the Decision of the Planning Commission and Approving a Variance to Allow a 27-Foot Wide Driveway. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ". .__.......~..T T T K) Consider Approval of a Resolution Approving the Final Plat and Development Contract for the Development Known as Deerfield 10th. L) Consider Approval of a Resolution Approving Final Planned Unit Development Plan and PUD Development Contract and Approval of a Resolution Approving a Final Plat and Development Contract for Timber Crest Park. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PUBLIC HEARINGS: NONE. 8. PRESENTATIONS:: A) Presentation to Retiring Councilmember Mike Gundlach. B) Presentation Regarding Upgrading of City Financial Rating and Related Financial Matters. 9. OLD BUSINESS: A) Consider Approval of Plans and Specifications and Authorize Advertisement for Bids for Reconditioning of Water Towers. 10. A) NEW BUSINESS: Consider Approval of Ordinance Amendments Relating to Water and Sewer Rates: (1) Ordinance Amending Prior Lake City Code Section 704.1001 to Increase the Base Water Billing Rate by $.35 for Every 1000 Gallons of Water Used and Establishing a Tiered Rate; and (2) Ordinance Amending Prior Lake City Code Section 705.901 to Increase the Sewer Billing Rate by $.15 for Every 1000 Gallons of Water Used. B) Consider Approval of a Letter with Recommendations Regarding the 2003-2007 Scott County Highway Capital Improvement Program. C) Consider Approval of a Resolution Approving a Revised Mutual Aid Agreement for Police Services with Scott County and other Scott County Communities. D) Consider Approval of the Addition of One Full-Time Police Officer Position in December 2002. E) Consider Approval of a Report Regarding Planning Process and Timeline for City Hall I Police Station I Community Center. F) Consider Approval of a Motion Declaring a Vacancy on the City Council, and Approving a Process and Timeline to Fill the Vacancy Created by the Resignation of Council member Mike Gundlach. G) Consider Approval of Interim Appointment of City Council Liaison to the Lake Advisory Committee. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: 12. ADJOURNMENT 111802 REGULAR COUNCIL MEETING MINUTES November 4, 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Petersen, Zieska, and LeMair, City Manager Boyles, City Attomey Pace, Assistant City Manager Walsh, Public Works Director Osmundson, Community Development Director Rye, Finance Director Teschner, Planning Coordinator Kansier, Communication Coordinator Christoph, Planner Kirchoff, Assistant City Engineer Poppler, and Recording Secretary Meyer. PUBLIC FORUM: The Public 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. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. November 5th Election Procedures (Ralph Teschner) Teschner: Explained the polling locations and changes in precinct boundaries within Prior Lake. Also discussed what the voters can expect when completing their ballots on November 5th. Gundlach: Asked for an explanation of the new precinct counters. Teschner: Advised that the new counters tabulate the ballot results immediately, as well as a running count of the number of voters. The counters also will pick up any incomplete or spoiled votes immediately. In the case of this election, the immediate tabulation will be suspended until the hand count is complete. Veteran's Day Presentation (Merle MaHaney, Prior Lake VFW) MaHanev (Prior Lake VFW): Explained the differences between Memorial Day observances and Veteran's Day observances, advising that Veteran's Day is intended to pay tribute to current service men and women, and those living veterans. Memorial Day is intended for observance of those service men and women who have died. Also reviewed the local Veteran's Day observances. APPROVAL OF AGENDA: Bovles: Advised that Item 10F has been removed by the petitioner, and that the Council completed their Executive Session prior to the meeting. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF OCTOBER 21. 2002 REGULAR MEETING MINUTES MOTION BY GUNDLACH, SECOND BY PETERSEN TO APROVE THE OCTOBER 21, 2002 REGULAR MEETING MINUTES. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, 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 , I ,.. ...--.... ...-,-.. "T"' -, ...... .-....---.-. City Council Meeting Minutes DRAFT November 4, 2002 CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Animal Warden Monthly Report. (C) Consider Approval of Off-Sale Non-Intoxicating Liquor License for Holiday Station 521. (D) Consider Approval of Cigarette License for Holiday Station #521. (E) Consider Approval of Massage Therapy License for Rick A. Johnson. (F) Consider Approval of Resolution 02.182 Approving Installation of "No Parking" Signs on Mushtown Road. (G) Consider Approval of a Proposal to Update the City's Park Dedication Fee Study. Bovles: Reviewed the remaining Consent Agenda Items. Gundlach: Requested that Item 5G be removed. MOTION BY GUNDLACH, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA ITEMS (A) - (F) AS SUBMITTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: [REMOVED] - Consider Approval of a Proposal to Update the City's Park Dedication Fee Study Bovles: Reviewed the item in connection with the staff report, indicating the rationale, costs and timeline. Pace: Added that Prior Lake was one of the first metro area cities to institute this process in order to substantiate the viability of the City's development fees. Bovles: Also noted that development fees are intended to pay for the cost of needed infrastructure. It makes sense to make sure the development fees keep pace. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE PROPOSAL TO UPDATE THE CITY'S PARK DEDICATION FEE STUDY. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. PUBLIC HEARINGS: Public Hearing to Consider an Appeal of the Planning Commission's Decision to Deny a 3-Foot Variance to Allow a 27-Foot Wide Driveway (Gau). Kirchoff: Reviewed the agenda item in connection with the staff report. LeMair: Asked the current width of the driveway. Kirchoff: Advised that the driveway has been reconstructed to 27 feet as shown in the staff report. The ordinance requires that a hard surface material be used for the driveway. The applicant has not indicated his intent. Zieska: Asked if the retaining walls extend into the right-of-way. 2 City Council Meeting Minutes DRAFT November 4, 2002 Kirchoff: Confirmed. Mayor Haugen declared the public hearing open and asked persons who wished to speak to approach the podium. Richard Gau (16994 Monroe Avenue): Explained that there is no parking on the streets around his home, so the additional driveway width was necessary. Also showed pictures of other properties in the area that have similar driveways. Further noted his frustration with trying to improve his home. Zieska: Asked if the elevation was such that if the driveway were fanned out, the driveway would be uphill and require additional landscaping. Gau: Explained that he would need a bobcat to cut down the elevation, but that if the width remained at 24 feet, he would still be unable to park a vehicle in the remaining 14.9 feet. . Hauaen: Asked about the overhang being extended over the entrance and garage. Gau: Explained that the extension is for the safety when entering the house. In the winter, the second story roofline drops ice and snow runoff directly onto the entrance path to the front stairs and door. MOTION BY ZIESKA, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Haugen. Gundlach, Petersen, Zieska and LeMair, the motion carried. Zieska: Believed the parking problem Mr. Gau has is unique to the site and not under the control of the homeowner due to the limited on-street parking, the topography of the lot, and the proximity of the house to the road. Petersen: Believed that Mr. Gau is within the impervious surface regulations, similar to those neighbors in the area. Supported the motion. Gundlach: Echoed the comments of Councilmember Zieska. LeMair: Echoed the comments of Council member Zieska as well. Hauaen: Discussed the conversation at the Planning Commission, but believed the hardship criteria have been met given the unique circumstances of the property. MOTION BY ZIESKA, SECOND BY PETERSEN TO DIRECT STAFF TO PREPARE A RESOLUTION GRANTING THE VARIANCE REQUESTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. PRESENTATIONS: Presentation to Retiring Parks Advisory Committee Members Thea Fluhrer and Tom Schutz (Mayor Haugen) Hauaen: Noted the contributions Thea and Tom have made to the City through their participation on the Parks Advisory Board over the past six years. Thanked each for their many contributions to the community and presented each with a plaque of recognition. The Council took a brief recess. 3 ,.. -.-.. ---- -'--"T' . '---T'- ",,_.' -'7'" - .-.--.--- -- City Council Meeting Minutes DRAFT November 4, 2002 Proclamation for Youth Appreciation Week (Mayor Haugen) HauQen: Proclaimed the second week of November as Youth Appreciation Week in Prior Lake. OLD BUSINESS: Consider Approval of a Resolution Ordering Preparation of Feasibility Report for the TH13 / Five Hawks Avenue / CSAH 23 Improvement Project (Ring Road Phase III). McDermott: Reviewed the agenda item in connection with the staff report. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.183 ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE TH13/ FIVE HAWKS AVENUE / CSAH 23 IMPROVEMENT PROJECT. Gundlach: Added that the City Council discussed this item in detail at its earlier work session. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Amending the Comprehensive Plan for the Jeffers Property Located in Section 27, Township 115, Range 22, Scott County, MN Kansier: Discussed the agenda item in connection with the staff report. LeMair: Asked the maximum density under the current zoning. Concemed with the level of density. Kansier: Advised that 3.61 units per acre are allowed under R-1, or approximately 240 units. Noted zoning density is also dictated by the lake designation. R-4 allows up to 30 units per acre, although density will still be impacted by the ultimate lake designation. The higher density designation allows uses such as apartments, condominiums and townhouses, even though those uses will be clustered and spread throughout the site. The overall density will still be dictated by the lake designation. Through the discussions with the regulatory bodies and the developers to date, it seems that the site could accommodate 900 to 1000 units in overall density. LeMair: Asked if there was any commercial designation for the site. Kansier: The proposal is that no commercial would exist. Zieska: Commented that the topography of the site makes it not conducive to commercial development as currently designated in the Comp Plan. Kansier: Advised that the Planning Commission concluded the same thing. Gundlach: Commented that in past instances, the Council has instructed that when undesignating commercial property, other property be found of similar size within the community that could be changed to re-coup the commercial area. Suggested that a similar procedure be used in this case and the Planning Commission be directed to do so. Asked why the property wasn't' simply divided partly high-density, and partly low-density. 4 City Council Meeting Minutes DRAFT November 4, 2002 Kansier: Advised that at this stage the projectis conceptual in nature and the areas targeted for the higher density development are difficult to concretely describe. It also makes adjustments difficult to make if the staff has to come back each time the plan is slightly amended. At the preliminary plat and PUD stage, there will be a better idea of were those specific designations will be. Gundlach: Asked if designating the property first creates a risk for the City if things change. Pace: Advised that the Comprehensive Plan only designates what the property may be eligible for. There is also a zoning designation, as well as the preliminary plat and PUD process. It is only upon approval of the preliminary plat and the developer makes a substantial investment based upon the Council's action at that point, that they gain a vested right. Zieska: Clarified that due to the lake designation, the property could not be wholly developed at high-density. Hauaen: Discussed the concept plan anticipated for this site. Believed this is a tremendously positive project and use for this property. Supported the recommendation of staff. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE RESOLUTION 02.184 AMENDING THE COMPREHENSIVE PLAN FOR THE JEFFERS PROPERTY LOCATED IN SECTION 27, TOWNSHIP 115, RANGE 22, SCOTT COUNTY, MINNESOTA. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Amending Zoning Ordinance Section 1101.504 Pertaining to Fences on Corner Lots. Kirchoff: Reviewed the proposed amendment in connection with the staff report. Bovles: Referring to a site drawing, clarified that the side fence from the rear lot line to a line drawn parallel with the rear line of the house can be 6 foot in height. From the back of the house forward, the fence can only be 4 foot at 50% opacity because it is considered front yard under the definition. Kirchoff: Confirmed and advised that the front yard is considered the area 25 feet back from the property line. Zieska: Commented that it makes some sense to have fenced yards on homes that abut collector streets. Suggested that the 6 foot fence be allowed up to the front of the garage, but not extend into the front yard. Hauaen: Commented that there are a number of fences throughout the neighborhood that are extensive and 6 foot in height. Even though there may be some distinguishing characteristics between these properties and comer lots, the perception is that homeowners on comer lots are not able to use their properties in a similar manner. Gundlach: Commented that there are similar issues with front yard and side yard definitions within the zoning ordinance as well, specifically as they pertain to other improvements such as decks and fences. Zieska: Commented that there is an aesthetic value to preserving open front yards, and the integrity of neighborhoods. Still believes it reasonable to allow 6 foot privacy fences along collector streets. Noted there are also traffic site lines, particularly on comer lots to consider. 5 :r .......-.......'.'-.....,...... ,', '.T ..T"."...'-.-..-.... City Council Meeting Minutes DRAFT November 4, 2002 There was some additional discussion among the Council clarifying the use of fences in certain circumstances. Hauaen: Suggested that the Council further discuss this matter in a work session. MOTION BY HAUGEN, SECOND BY ZIESKA TO DIRECT STAFF TO SET UP A WORK SESSION DISCUSSION. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Amending Zoning Ordinance Sections 1101.1000 and 1101.510 Pertaining to Temporary Uses in Non-Residential Districts. Kansier: Reviewed the agenda item in connection with the staff report. Pace: Added that the authority of the state statute requires that the use conform to the zoning regulations. The staff is interpreting that to mean the regulations proposed for adoptions tonight, or any conditions you would impose on the use through the conditional use process. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE ORDINANCE 02-16 AMENDING CITY CODE SECTIONS 1101.1000 AND 1101.51 0 PERTAINING TO TEMPORARY USES IN NON-RESIDENTIAL DISTRICTS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and Ericson, the motion carried. Consider Approval of an Ordinance Amending Zoning Ordinance Section 1102.1105 Which Would Eliminate the Required Rear Yard Setbacks in the C-3 District. Kansier: Briefly reviewed the agenda item in connection with the staff report. LeMair: Asked if staff could foresee any additional problems with eliminating the setback. Kansier: Advised that the Building Code would still apply and provide for the protection of the health, safety and welfare of the public interest. MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE ORDINANCE 02-17 AMENDING CITY CODE SECTION 1102- 1105 PERTAINING TO REAR YARD SETBACKS IN THE C-3 DISTRICT. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Accepting Quotes and Awarding the Contract for the Eagle Creek Villas Drainage Improvement Project. McDermott: Reviewed the agenda item in connection with the staff report. Gundlach: Asked why the responsibility lies with the City rather than the developer. McDermott: Advised that the development contract for the plat expired several years ago. The project was approved at a very flat grade, a grade which is no longer approved by the City. 6 City Council Meeting Minutes DRAFT November 4, 2002 Gundlach: Commented that there have been some past problems as well. McDermott Confirmed. Pace: Advised that although the issue hasn't been discussed, suggested that the project proceed to correct the issue and that she speak with staff about possible recourse from the developer. Hauaen: Asked why there was such a wide range of quotes. McDermott: Explained that much of the variation was directly related to the timeline the City has imposed from the project. Added that the homeowners association is participating in the project through the replacement of their irrigation system. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02.185 ACCEPT QUOTES AND AWARD CONTRACT FOR THE EAGLE CREEK VILLAS DRAINAGE IMPROVEMENT PROJECT TO KUSSKE CONSTRUCTION COMPANY INC. IN AN AMOUNT NOT TO EXCEED $34,295.00. VOTE: Ayes by Haugen, Gundlach, Petersen, Zleska and LeMair, the motion carried. Consider Approval of a Resolution Approving a Private Use of Public Property Agreement to Locate a Freestanding Sign in a Drainage and Utility Easement in Fountain Hills 2nd Addition. THIS ITEM WAS REMOVED AT THE REQUEST OF THE APPLICANT. Consider Approval of Parks Advisory Committee Appointments. Zieska: Reviewed the item in connection with the staff report and recommended Mike Feriancek and Ruth Harris to three year terms, and Tom Borger for a four-year term expiring October 30, 2006. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPOINT MIKE FERIANCEK AND RUTH HARRIS TO THE PAC FOR A TERM OF THREE YEARS, AND APPOINTING TOM BORGER TO A TERM OF FOUR YEARS IN ORDER TO STAGGER THE TERMS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS Executive Session [This item was conducted prior to the regular meeting.] Frank Boyles, City Manager A motion to adjoum was made and seconded. The meeting adjourned at 9:05pm. 7 ""'r ~17 ......------"....,..H--~__,r_. '-T" . ...,."' .. ,,-----."