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HomeMy WebLinkAbout1105 RegularREGULAR COUNCIL MEETING MINUTES November 5, 2001 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Mader, Councilmembers Petersen, Gundlach, Ericson and Zieska, City Attorney Pace, Public Works Director Osmundson, Planning Director Rye, Planning Coordinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVALOFAGENDA: Mader: Requested an additional discussion regarding a request by a senior citizens group, and also a discussion regarding how to proceed with the revised truth-in-taxation process. Ericson: Requested including in that discussion a clarification regarding budget comments made in the Prior Lake American. Boyles: Requested adding an Executive Session to review pending litigation, including Sohler v. City of Prior Lake, Vierling v. City of PriorLake, and threatened litigation relating to special assessments. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carded. APPROVAL OF MEETING MINUTES OF OCTOBER 15, 2001. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE OCTOBER 15, 2001 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Resolution 01-120 Approving the Common Interest Community (CIC) Plat No. 107 (Deerfield Condominium), Second Supplemental CIC Plat, Third Supplemental CIC Plat and Fourth Supplemental CIC Plat. (C) Consider Approval of Resolution 01-121 Approving Special Assessment Deferral for the 2001 Street Improvement Project. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE CONSENT AGENDA AS PROPOSED. Bo¥1es: Reviewed the remaining consent agenda items. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes November 5, 2001 PRESENTATIONS: Proclamation for Youth Appreciation Week (Mayor Mader) Mader: Read the Proclamation naming November 5th through November 11th as Youth Appreciation Week in the City of Prior Lake. Allina Ambulance System Response Time Report (Brian LeCroix & Mark Dascalos) Bo¥1es: Introduced the speakers, noting that the presentation was in response to Council directive. LeCroix (Director of Operations, Allina Medical Transportation): Discussed the delivery of emergency medical services in the field and its evolution. Further discussed the balance between EMS response times and prudent fiscal management. With respect to response times, discussed the service aroa, standards across the service area, and average response times. Aisc discussed the communications center and its ability to provide pro-arrival cato, and the process of medical priority dispatch. Zieska: Asked how it is possible that Allina can cancel a helicopter dispatch called by an EMS rescue unit on the scene. LeCroix: Does not believe that situation "passes the smell test", and that typically the senior EMS personnel on-the-scene is responsible for such determinations. Zieska: Complimented the Allina staff and on-scene personnel in recent instances and their outstanding efforts to provide service. Prior Lake Chloride Sampling Program (Lani Leichty) Mader: Noted that the program was initiated to determine the impact of road salt on the water quality of the lake. This is the first data received under the program. Leicht¥: Advised that the program includes samples from seven locations on Prior Lake and briefly reviewed the results of chloride sampling to date. Noted that the indication to date is that the chloride concentration appears within an acceptable level. Boyles: Asked if the MPCA Chronic Standard was a worst-case scenario. Leichty: Confirmed. Gundlach: Asked if the sampling of 13 metro aroa lakes in the MnDot study was a random test. Leichty: Confirmed, but noted that the sampled lakes were significantly smaller in aroa and depth than Prior Lake. Mader: Asked if in the MnDot study from 1982-1987 there was any indication that the salt level use during that time increased in use. Leicht¥: Explained that the study did indicate that thero was a correlation between increased impervious surface and increased chloride. Further noted that thero appear to be many contributing factors such as snowfall level and how much salt is being applied. City Council Meeting Minutes November 5, 2001 Gundlach: Noted that Prior Lake is unique in comparison to lakes in other communities. Ericson: Asked if there are any specific monitoring areas that have consistently higher chloride levels than others. Further noted that the intent of the program was not to imply that there was or wasn't a problem, but merely to gather the information necessary to make a determination. Leicht¥: Noted that the Boudins area has had high readings, as well as near the Wagon Bridge Marina. Both sites are near storm sewer outlets and higher results were expected. Advised that the intent of the Lake Advisory Committee is to collect a full year of samples, report the results, and then come back to the Council with a recommendation on how to continue the program. Mader: Summarized that the results appear to be good and will help in determining over time the affects on the lake. Proclamation Recognizing Cassie Busse Mader: Advised that the City signed a proclamation on November 3, 2001 acknowledging Cassie Busse Hometown Day in connection with recognition by the University of Minnesota. Petersen: Advised that residents of the community took two buses of fans to the Minnesota-Michigan volleyball game at which Cassie Busse was recognized as part of their Home Town Days celebration. Advised that the volleyball match was quite impressive and he was honored to present the Mayor's proclamation to Cassie at the event. PUBLIC HEARINGS: Consider Approval of a Resolution Denying the Vacation of a Portion of the Drainage and Utility Easement Located on the North Side of Lot 4, Block 1, Eastwood Second Addition. Kansier: Reviewed the staff report in connection with the staff report and discussed the location of the fome main and the rationale for denying the vacation of the drainage and utility easement. Ericson: Asked what the setback is between Pixie Point and the nearest corner of the proposed garage. Kansier: Believed the distance to be between 23 and 27 feet and noted that if the easement is not vacated by the Council this evening, an adjustment to the location of the house would need to be made. Also noted that the Planning Commission has not adopted a resolution granting the variance to the front setback. Zieska: Asked if the force main terminated at the lake, and asked about relocation. Osmundson: Advised that the force main goes to the Estate Avenue lift station, and that any replacement probably wouldn't be considered until such time as the 150th Street improvements take place. There have been no problems with the pi,pe to date. Gundlach: Asked why there was confusion in locating the force main. Osmundson: Explained that this force main was particularly difficult to locate because it doesn't connect above ground except for at the lift station which is a half mile away. It is different than a gravity line that has manholes. The records and surveys often skew locations over the years. City Council Meeting Minutes November 5, 2001 Gundlach: Asked the size of the lot with and without the easement. Kansier: Advised that the size of the lot is greatly in excess of the minimum 12,000 feet. In reviewing the variance application, a buildable area of roughly 6000 square feet assuming the easement was not vacated and meeting all the setbacks. Further discussed that the design of the house does impact its placement on the lot as does the grade of the lot, but there is some control over the design. Rye: Advised the lot size is roughly 14,000 sq. ft. Mayor Mader opened the public hearing. Jim Koesterin,q (Builder): Reviewed the severe topography of the lot, the legal building envelop, the neighboring properties in the area, and the fact that the street was built outside of the easement. Noted that the utilities are located underneath the street, and during re-build there should be ample reom. Believes there is hardship due to the topography of the lot. Further discussed the process in locating the force main. Ericson: Asked why the garage couldn't be moved off of the force main, then all that would be needed is a variance for the distance to Pixie Point read. Koesterin.q: Discussed that he believed that the house could be built right up to the force main and several different locations for placement of the house and the corresponding variances that would be needed. Mader: Re-directed the discussion noting that the issue before the Council is the vacation of the easement. A secondary issue is the granting of the variance. If the vacation is not accepted, the next step is to look at the lot with the easement in place and determine how the house can be located. The variance granted at this point is basically moot unless the easement is vacated. Ericson: Did not support vacating the easement and suggested that the developer move forward using the diagram allowing a 3.73 foot variance to the front setback. Mader: Clarified that the concerns with the variance issues and the position of the house can be decided by the Planning Commission without Council endorsement, as long as the proposed development does not infringe on an easement, or unless someone objects or appeals to the granting of the variance. The issue with the variance already issued now involves a new set of circumstances. Koestering: Noted that the staff report cited a neighbor had objected to a variance that he wasn't aware of. Asked if the road easement could be vacated. Mader: Advised that the public hearing notice requirements addressed a vacation of this easement and cannot arbitrarily be changed. Kansier: Discussed the area requested to be vacated and advised that the area to be vacated can be decreased, but cannot be increased in size. Advised that by ordinance the front setback is calculated from the easement, and that she had advised Mr. Koestering that the Planning Commission will be reviewing the variance at its next meeting. Osmundson: Noted that it is likely that the City will require that easement in the reconstruction of Pixie Point Circle. MOTION BY ERICSON, SECOND BY PETERSEN TO CLOSE THE PUBLIC HEARING. 4 City Council Meeting Minutes November 5, 2001 The motion and second were withdrawn. Jerry Hein (property owner): Noted that in this case the front of the house is from Pixie Point Cimle, where in most cases the front yard is considered the lake frontage. Discussed the remaining setbacks and asked if the house can be constructed up to the easement line, and if the City could conclusively locate the force main. Osmundson: Confirmed that the house could be constructed to the easement line, but that the City would probably reserve some prescriptive easement rights to access the pipe. Hein: Asked if the City can locate the force main so we know what we are working with. Pace: Advised that the issue is that building cannot take place on top of a pipe. Mader: Noted that the circumstances are understandably frustrating, but that the fault does not lie with anyone at the Council table or any of the City staff. The sewer line in place is serving a lot of people and the City has a responsibility to protect that. Pace: Suggested that the City proceed with identifying the exact location of the pipe. Osmundson: The only thing that can be done is to dig until we can locate where the pipe bends to the north. Hein: Noted that six mature oak trees had already been lost, and that they would like to save as many trees as possible. MOTION BY ERICSON, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY MADER, SECOND BY ERICSON TO APPROVE RESOLUTION 01-122 DENYING THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON THE NORTH SIDE OF LOT 4, BLOCK 1, EASTWOOD SECOND ADDITION. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council took a brief recess. OLD BUSINESS: Consider Approval of a Resolution Amending the Wild Oaks Conditional Use Permit to Allow Porches and Decks on Townhouse Units. Kansier: Reviewed the agenda item in connection with the staff report, noting the proposed revisions to the CUP. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-125 APPROVING AN AMENDMENT TO THE WILD OAKS CONDITIONAL USE PERMIT TO ALLOW PORCHES AND DECKS ON TOWNHOUSE UNITS. Mader: Asked if there was a reason that the porches and decks were excluded. Kansier: Advised that often the decks and porches are overlooked on the building plans or are assumed. 5 City Council Meeting Minutes November 5, 2001 VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Cooperative Agreement with MnDOT for Intersection Improvements for Commerce/Boudin and CSAH 23~Five Hawks. Osmundson: Reviewed the agenda item in connection with the staff report. Mader: Noted that the Council had discussed these issues at a work session preceding the meeting, and also noted that just because these are the projects proceeding at this point, it doesn't mean the other intersection improvements have been abandoned. Ericson: Noted that the Council had discussed these issues at a work session preceding the meeting. MOTION BY PETERSEN, SECOND BY ERICSON TO APROVE RESOLUTION 01-124 REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH THE MINNESOTA DEPART MENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS ON STATE TRUNK HIGHWAY 13 AT BOUDINS/COMMERCE/SOUTH PARK. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-125 REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS ON STATE TRUNK HIGHWAY 13 AT CSAH 23 & FIVE HAWKS. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Approving an Amendment to the Creekside Estates Planned Unit Development to Revise the Approved Interior Floor Plans for the 54-Unit Building. Kansier: Reviewed the agenda item in connection with the staff report. MOTION BY ERICSON, SECOND BY GUNDLACH TO ADOPT RESOLUTION 01-126 APPROVING AN AMENDMENT TO THE CREEKSIDE ESTATES PLANNED UNIT DEVELOPMENT TO REVISE THE APPROVED INTERIOR FLOOR PLANS FOR THE 54-UNIT BUILDING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. NEW BUSINESS: Consider Approval of an Ordinance Amending Section 1102.1100 of the City Code by Repealing Section 1102.1100 and Adopting a New Section llOZ l100 Rela ting to the Downtown Business Dis trict. Bo¥1es: Briefly reviewed the process of developing the Downtown Redevelopment Guide and subsequent ordinance. Rye: Discussed the difference between the proposed ordinance and the current ordinance including limiting uses to pedestrian-oriented retail uses, limiting the size of those uses, and encouraging mixed uses. The ordinance also identifies certain design standards. Petersen: Asked how the Conoco station is affected. Rye: Advised that the Conoco station would become a non-conforming use. A non-conforming use is permitted to maintain City Council Meeting Minutes November 5, 2001 its operation in its present capacity, but the facility cannot be expanded, or re-built if over 50% destroyed without complying with the ordinance in place. Businesses that want to be larger than 5000 square feet can apply to do so through the conditional use process. Ericson: Added that in determining if 50% of the property is destroyed, the calculation includes only the building and not any underground infrastructure as in the case of a gas station. Rye: Clarified that generally that is accurate but that the underground infrastructure could be considered equipment and would become an issue in how the County Assessor factors that in to assign a value for the property. Mader: Commented that there seem to be broad ends of the spectrum when discussing the redevelopment of downtown. Suggested deferral of the item at this time in order to further discuss some specific areas, and the concept of possibly grandfathering in current uses on properties. Also concerned about the limitation of the size of businesses. Rye: Clarified that the 5000 square feet limitation is on the size of the business and not the building. Ericson: Believed it was appropriate to review the ordinance another time. Pace: Noted that she had been able to further review the ordinance because the City Manager had advised her of some of the feedback he had received preliminarily from individual Councilmembers. Petersen: Did not believe it was appropriate to restrict any business that has been doing business in Prior Lake. Gundlach: Believes this is a good example of how the City Council is responsive to the concerns of the property owners in the Downtown area. Zieska: Commented that the intent was never to drive businesses out of Downtown and agreed that those uses that are targeted as non-conforming as a result of this proposed ordinance be grandfathered in. Ericson: Asked that when the item comes back to the Council, that there be a two lists showing the current conforming uses Downtown, as well as the proposed conforming uses Downtown. MOTION BY MADER, SECOND BY ERICSON TO DEFER THE ITEM BACK TO STAFF TO ADDRESS THE ADDITIONAL ISSUES. Mader: Pointed out that the staff is in a precarious position in balancing how the process continues to move forward in a positive and productive way, while also implementing an instrument that makes productive change. Ericson: Asked staff about the timing. Bo¥1es: Noted that the timing will be primarily determined by whether or not an additional public meeting is needed, and when that meeting can take place. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 7 City Council Meeting Minutes November 5, 2001 Consider Approval of an Ordinance Amending the Zoning Ordinance to Limit the Hours of Operation for Car Washes. B0Yles: Reviewed the agenda item in connection with the staff report. Mader: Asked if this proposal was consistent with action taken on the conditional use permit for the Holiday station. Rye: Confirmed. MOTION BY ERICSON, SECOND BY GUNDLACH TO ADOPT ORDINANCE 01-13 AMENDING SECTION 1102.1204 AND 1102.1203 LIMITING THE HOURS OF OPERATION FOR CAR WASHES. VOTE: Ayes by Uader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Report Regarding Advisability of Developing a FIG Well in Brooksville Hills. Osmundson: Reviewed the item in connection with the staff report, discussing the advantages and disadvantages, and the options available. Mader: Asked that if approval was received for another Jordan well, would the recommendation still be to proceed with the FIG well. Osmundson: Clarified that approval was received for another Jordan well, staff would re-evaluate the need for the FIG well. Ericson: Asked if drilling the FIG well and then capping it if that should be the case, would that affect the City's ability to get approval for a Jordan well. Further commented on the outstanding effort the Public Works Director has done in trying to get the newest constructed well completed and on line, as well as moving the process forward to meet the City's future needs. Osmundson: Advised that drilling the FIG well would have no bearing. Petersen: Asked how the test well would work. Qureshi (PCE): Explained that drilling is completed down to the aquifer and pumped in order to measure the drawn down. Then the information is used to predict the number of gallons per minute. The correlation between the tests and the actual well is very good to about 90%. Zieska: Noted that the project could be delayed a few months one way or another because no well would be able to be on line until approximately the fall of 2003. Osmundson: Confirmed, and advised that at some point the City should be proactive in lobbying the legislature for funding to provide water in special circumstances due to the City's proximity to the Fen. Mader: Asked if the DNR would be more inclined to give approval of a Jordan well on the other side of the lake. Osmundson: Confirmed and advised that the location of that well ties into the City's future ability to locate a water treatment plant. City Council Meeting Minutes November 5, 2001 Mader: Commented that even though the City's population growth over the past 10 years of 36% is clearly addressed by the water capacity added by Well No. 6. The issues become more complicated in balancing needs with financial constraints as well as restrictions by regulating authorities. MOTION BY MADER, SECOND BY PETERSEN TO DIRECT STAFF TO PREPARE THE PLANS AND SPECIFICATIONS FOR A FIG TEST WELL, OBTAIN QUOTES, AND RETURN TO THE CITY COUNCIL TO AWARD THE CONTRACT. VOTE: Ayes by Uader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Authorizing the Joint Purchase of an Infrared Heater in 2003 through a Cooperative Agreement with Savage, Shakopee and Burnsville. Osmundson: Briefly reviewed the agenda item in connection with the staff report. Petersen: Asked if any of the other cities have approved the purchase. Osmundson: Advised that Savage has approved the purchase. If the equipment was available and approved by each of the cities, there is nothing that would prohibit purchasing the equipment earlier. MOTION BY PETERSEN, SECOND BY GUNDLACH TO ADOPT RESOLUTION 01-127 AUTHORIZING THE JOINT PURCHASE OF AN INFRARED HEATER IN 2003 THROUGH A COOPERATIVE AGREEMENT WITH SAVAGE, SHAKOPEE AND BURNSVILLE. VOTE: Ayes by Uader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Approving Change Orders to Contracts for the Construction of the Thomas Ryan Memorial Park Concession/Restroom Building. Friedges: Reviewed the agenda item in connection with the staff report. Zieska: Asked if the building will be ready for the park opening next spring. Fried.qes: Confirmed. MOTION BY PETERSEN, SECOND BY GUNDLACH TO ADOPT RESOLUTION 0'1-128 APPROVING CHANGE ORDERS TO CONTRACTS FOR THE CONSTRUCTION OF THE THOMAS RYAN MEMORIAL PARK CONCESSION / RESTROOM BUILDING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS: Request by Senior Citizens Group to Use the Lakefront Park Pavilion MOTION BY MADER, SECOND BY ERICSON TO DIRECT STAFF TO IMPLEMENT A PARK AND RECREATION PROGRAM DIRECTED TOWARD A REQUEST BY SENIOR CITIZENS TO USE THE LAKEFRONT PARK PAVILION FOR A CARD CLUB TO BEGIN IN DECEMBER. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 9 City Council Meeting Minutes November 5, 2001 Budget Informational Meeting MOTION BY MADER, SECOND BY ERICSON TO DIRECT THAT A BUDGET INFORMATIONAL MEETING BE HELD AT THE DECEMBER 3, 2001 CITY COUNCIL MEETING IN A SIMILAR FORMAT AS THE TRUTH-IN-TAXATION MEETING. Ericson: Asked for clarification from Councilmember Zieska regarding statements quoted in the paper stating that the Council has imposed budget reductions that have affected services. In fact, the City budgets have increased each year since 1997 even though taxes have been reduced. Zieska: Clarified that the reference may have been erroneous on his part, but that the intent was that he has some concerns with the conservative spending habits by this Council that may leave too much work for too little staff, and leaving them without the resources to do so. Mader: Advised that he has been frustrated as well with references in the newspaper to across-the-board budget cuts. The budgets have grown annually as the City has experienced growth. Further noted that the increase in the budget has consistently exceeded the growth rate in the City over the past ten years. That is the rationale this Council had for slowing down that rate of increase in the budget. Advised that he is not aware of one single instance where services have been reduced. Does not believe the staff is at all fearful of requesting equipment they need, but that they also know that the Council will not rubber-stamp purchases either. Gundlach: Discussed the upgrades in computer equipment initiated by him without the request of any staff. When needs are identified, this Council has been receptive. Zieska: Apologized that his comments were not intended to be a blanket disapproval of the spending habits of this Council, but also noted that judging population in relation to budget may not be entirely accurate when considering things like commercial businesses. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Mediacom Zieska: Discussed his experience with Mediacom and advised that he has now got his high-speed cable modem in place, but the frustration continues with customer service. Executive Session Boyles: Advised that the items to be reviewed in Executive Session include the Uarkley Lake litigation, the Vierling litigation, and the threat of litigation with respect to special assessments. Mader: Wants to be in a very clearly defined position with going into Executive Session to meet on these assessment issues. Pace: Advised that based upon her conversations with the City Manager and the probable litigation, that the closed session meets the threshold for adjourning into Executive Session for these issues. Gundlach: Uncomfortable with adjourning to Executive Session. 10 City Council Meeting Minutes November 5, 2001 MOTION BY ZIESKA, SECOND BY ERICSON, TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS THE SOHLER LITIGATION, THE VIERLING LITIGATION, AND THE THREAT OF LITIGATION FROM SPECIAL ASSESSMENTS APPEALS. MOTION BY GUNDLACH, SECOND BY ERICSON TO AMEND THE MOTION TO DROP THE DISCUSSION OF THE SPECIAL ASSESSMENT APPEALS. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. VOTE ON ORIGINAL MOTION AS AMENDED: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council adjourned to Executive Session. Upon returning from Executive Session, the Mayor advised that no formal action was necessary. A motion to adjourn was made and seconded. The meeting adjourned at 11:15pm. Frank Boyles, City Manager Kelly Meye~,~ecording ~--e--~'-~ary 11