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HomeMy WebLinkAbout120197 Regular REGULAR CITY COUNCIL MEETING MINUTES Date: December 1, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, Robbins, and Schenck, City Manager Boyles, City Attorney Pace, City Attorney Brokl, Assistant City Manager Woodson, Planning Coordinator Kansier, Planner Tovar, City Engineer Ilkka, and Recording Secretary Oden. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY ANDREN SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE NOVEMBER 17, 1997 CITY COUNCIL MEETING. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 4. CONSENT AGENDA: Mattson Sideyard Variance Res 97-xx A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 97-XX Overturning the Decision of the Planning Commission Denying a Variance Request by Brian Mattson to the Side Yard Setback for Driveway and Impervious Surface for Property Located at 16575 Inguadona Beach Circle, Case File (497-053. · Councilmember Mader asked that item 4B be removed from the Consent Agenda for discussion after new business. MOTION BY SCHENCK SECOND BY ROBBINS TO APPROVE THE CONSENT AGENDA, ITEM A. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carded. 5. PRESENTATIONS: Amphitheater A. Jeneann Beyl, Citizens Concerned for Scott County, Regarding Amphitheater Proposal. 16~t[}l~gle Creek Ave. S.E., Prior Lake, Minnesota 553~2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER · Ms. Beyl introduced her organization, Citizens Concemed for Scott County. She reviewed their organization and its concerns with the amphitheater. Their concerns included the concert schedule, type of concerts, capacity of the amphitheater, concert overbookings, festivals and double billings. She gave Blossom Music Center and Riverbend Music Center amphitheaters as examples. Both are owned by symphonies that perform a minimum number of concerts and then lease the facilities. Traffic was a major concern, with only two lane roads and use of other routes as well. There are 7000 cars anticipated with each concert, translating into 26 miles of traffic filtering into the amphitheater. This would be cause for concern for emergency vehicles. Another concern was noise, with unenforced or ignored noise ordinances. Sixty-five decibels is the equivalent of conversation or background music, and the sound level of rock concerts is 110 decibels. Depending upon atmospheric conditions, the sound will travel two to six miles. Crime is another concern. She gave examples of arrest statistics at various concert sites. Increased litigation costs are another concern. Drug use, trash and litter, were concerns as well. The loss of the area as an outdoor recreation center and taxpayer costs were concerns. A possible cost impact was law enforcement, property value depreciation, and sewer and water. She said restaurants will not see an increase in business. The orchestra would control the food and beverage service. People will not come to businesses in Prior Lake before or after concerts. · Barb Marschall asked where she got her information on decibels statistics. · Ms. Beyl said it was published by the Hennepin County Park Board. 6. PUBLIC HEARINGS: A. There were no Public Hearings. Timothy Avenue Res 97- 105 Signal Light 7. OLD BUSINESS: A. Consider Approval of Resolution 97-105 Recommending Scott County Deny a Request for Installation of a Traffic Signal at CSAH 42 and Timothy Avenue. MOTION BY SCHENCK SECOND BY ROBBINS TO APPROVE RESOLUTION 97-105 RECOMMENDING SCOTT COUNTY DENY A REQUEST FOR INSTALLATION OF A TRAFFIC SIGNAL AT CSAH 42 AND TIMOTHY AVENUE. · Councilmember Kedrowski said Rutgers or an alternative access could be considered for the commercial buildings, even if Timothy Avenue is closed off. · City Manager Boyles said the discussion was focused on the traffic signal at CSAH 42 and Timothy. He mentioned the letter from Steve King, City Manager of Savage, which states the opinion that the signal light should not be installed at Timothy. Prior Lake staff would like to meet with City of Savage staff regarding Traffic issues in the TH 13, CSAH 42 area including Boudin, Commerce, Timothy and Rutgers. · Councilmember Kedrowski asked for confirmation that these issues would be addressed in next year's Captial Improvement Program (CIP). 12197.DOC 2 Councilmember Mader said he was in favor of the resolution except the last two "whereas", because they reference Rutgers Street as more appropriate. He said they had heard from those on Timothy but not on Rutgers. He said he would be concerned about passing a resolution without having heard from the residents from Rutgers. · Councilmember Robbins asked City Manager Boyles if the CIP would include a frontage road off of TH 13. · City Manager Boyles said it was possible that a frontage road would be included. · Mayor Andren asked if anyone from the audience wished to address the issue. · Sandee Wright of 14300 Timothy Avenue said there is no mention in the resolution of the residents' request that Timothy be closed off at Commerce. She said the resolution should be modified to reflect their concerns with safety. · Mayor Andren asked City Manager Boyles if closing the access would be addressed later. · City Manager Boyles said tonight the intent is to only address the signal light. As a separate issue, the accesses will come to the Council in the summer with the Capital Improvement Program. · Ms. Wright asked about this item going through the EDA. · Councilmember Schenck said he would bring the neighborhood's design with some modification to the EDA. He said this resolution addresses only one intersection. This is not meant to be a blanket proposal. · Ms. Wright said the residents did the work on the issue, and she said their primary concerns are the safety issues. She said they wanted to stop the light because of safety concerns. She said she did not understand what was being addressed for safety issues. She wanted to know what the process was. · City Manager Boyles explained that there was a 5 year Capital Improvement Program used for financing and planning Capital Improvement Projects. Each year it is updated in July or August. He said it was the City's intent to address access in this area as part of the CIP in July or August. · Mayor Andren said that the CIP was not a public hearing. She suggested that the City Manager advise the neighborhood when the CIP would come before the Council. · Tom VonHoff of 14411 Waters Edge Trail said all of the Rutgers area streets are substandard and not designed into the comprehensive plan as collectors. He said any safety or traffic control designs at Rutgers or Timothy should restrict traffic into the residential neighborhood. 12197.DOC 3 · Mr. Dick Kvanbeck of T.F. James Company said he owns commercial lots in the area of 13 and 42. He said he was very concerned about access into Commerce. He would like to be informed so that the businesses could present their viewpoints regarding access issues. · Mayor Andren said the City Attomey had advised her that anyone who wished to remain informed regarding the Timothy Avenue issue should contact the City Manager in writing. · June Phillips of 14211 Timothy Avenue said her son was autistic and would sometimes take off into the street unattended, therefore she was concerned with the issue of safety. She said the cars drive much too fast. · Councilmember Mader said he was in favor of the resolution recommending the signal not be put at Timothy but was concerned about the last two "whereas'" which suggests a decision has been made to put the light on Rutgers. He suggested the County Engineers look further into the issue. · City Engineer Ilkka said that one of the two streets, Rutgers or Timothy, would have to have a signal light. The residents on Rutgers have been notified and it has been in the paper, and he had not received any calls. · Councilmember Mader said he received a call from someone who stated that some residents on Rutgers had not received letters. He wanted to change the resolution to remove the last two "whereas'". MOTION BY SCHENCK SECOND BY MADER TO AMEND THE RESOLUTION TO STRIKE THE LAST TWO "WHEREAS'". Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. · Mayor Andren called the question on the original motion. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Resolution 97-XX Denying an Appeal of Hillcrest Homes from a Decision of the Zoning Officer Relating to Bluff and Top of Bluff. · City Manager Boyles said the current definition of bluff and top of bluff necessitates the request for a variance. On December 15th the Council is scheduled to discuss the new zoning ordinance. Should the zoning ordinance be passed, this issue would be rendered moot and would be allowable. MOTION BY SCHENCK SECOND BY MADER TO DEFER ITEM 8A TO DECEMBER 15TH TO BE ADDRESSED AS PART OF THE ZONING ORDINANCE. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. 12197.DOC 4 9. ITEMS REMOVED FROM CONSENT AGENDA A. Consider Approval of Resolution 97-XX Overturning the Decision of the Planning Commission Denying a Variance Request by Brian Mattson to the Side Yard Setback for Driveway and Impervious Surface for Property Located at 16575 Inguadona Beach Circle, Case File #97-053. Councilmember Mader said everything should be done to allow the owner to have a garage. He asked about the impervious surface presently on the property. He said the net existing lot coverage is 28% and asked if that was impervious surface. · Planner Tovar said yes. · Councilmember Mader said they were talking about going from 28% to 36.5%, meaning about 6.5% over the present ordinance. He asked about the fence, whether it could be taken down in the future. · Planner Tovar said no, it would be recorded. · Councilmember Mader said the resolution says the applicant agrees to store snow, and asked if it would be recorded. · Planner Tovar said if the City Council wanted a separate agreement they could do that but the entire resolution would be recorded, so if the property transferred, the conditions would hold. · Councilmember Mader asked about the provision in the resolution for water being diverted to a swale or holding area. · Planner Tovar said she talked to Pat Lynch of the DNR and he would work with them, but may not be able to do the swale on the property. · Councilmember Mader said to the extent that there is more impervious surface, there is more runoff, and where on the property could they have a swale or divert the runoff to a holding area? · Planner Tovar said there are possibilities of re-routing the water. · Councilmember Mader said the south side of the property is higher. · Planner Tovar indicated the elevation and slope of the property in the back of the garage and the street. She said they would do some grading in the back. · Councilmember Mader said he would be more comfortable if he saw how they would deal with the water. 12197.DOC 5 · Councilmember Kedrowski said the resolution is requiring him to remove a concrete deck, but it is not stipulated that he would have to move the driveway in front. · City Attomey Pace said that could be incorporated. · Planner Tovar said it was under the conclusion part of the resolution. · Councilmember Mader said Councilmember Kedrowski's reference is to removing the patio concrete and not specifying the driveway as well. It should state both so there is no misunderstanding. MOTION BY KEDROWSKI SECOND BY SCHENCK TO AMEND THE RESOLUTION TO INCLUDE EXHIBITS A AND B AND IN NO. 1 LIST CONCRETE DRIVEWAY AND THAT THE RESOLUTION BE RECORDED. · City Attorney Pace said in number 4, the additional impervious surface runoff should be water. · Councilmember Mader said he had concern with that. It makes it subjective. Somebody better figure out a way to deal with the water. · Mayor Andren recognized Dennis Fulcom of 10500 Olympic Circle Eden Prairie. He addressed the Council on behalf of his parents, who owned the house accross the street. He was concerned about runoff to his parents house. He said there was a big water problem now. · Councilmember Mader said this should be tabled one more time so the staff could look at it with the property owner and DNR so that more problems are not created for the property- owners across the street. MOTION BY MADER, SECOND BY ROBBINS TO TABLE THE ITEM. Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. · City Attorney Pace asked where are we on the sixty day rule? · Planner Tovar said it started November 2nd, so we have until January 2nd. She said if necessary, they can grant another 60 day extension. 10. OTHER BUSINESS: A. City Manager Evaluation · Mayor Andren recommended a 2-step process involving two Councilmembers compiling the responses from the five Councilmembers. MOTION BY ANDREN SECOND BY MADER TO NOMINATE COUNCILMEMBERS SCHENCK AND KEDROWSKI AS THE EVALUATION COMMITTEE. 12197.DOC 6 Upon a vote, ayes by Andren, Kedrowski, Mader, Robbins, and Schenck, the motion carried. Mayor Andren said they would need to turn in the forms by Monday, December 8th at the workshop since December 15th was the last meeting of year. B. Executive Session to Discuss Pending Litigation. MOTION BY ROBBINS SECOND BY MADER TO ADJOURN TO EXECUTIVE SESSION. Upon a vote, ayes by Mader, Robbins and Schenck, the motion carried. The Council adjourned to Executive Session at 8:48 p.m. · Mayor Andren was not present. · Councilmember Kedrowski joined the Executive Session at 9:15 p.m. MOTION BY MADER SECOND BY ROBBINS TO RECONVENE THE REGULAR CITY COUNCIL MEETING. Upon a vote, ayes by Kedrowski, Mader, Robbins, and Schenck, the motion carried. 11. ANNOUNCEMENTS/CORRESPONDENCE A. City Manager Boyles said for the record, the holiday party for the employees would be Saturday, December 6th at 6:00 p.m. at the Wilds Clubhouse. Councilmembers are welcome to attend. 12. ADJOURNMENT: MOTION BY ROBBINS SECOND BY KEDROWSKI TO ADJOURN THE MEETING. Upon a vote, a~/~s by Kedrowski, Mader, Robbins, and Schenck, the motion carried. // ~ ~d at 9:25 p.m.  ag~r ExeCutive Secretar~ 12197.DOC 7