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HomeMy WebLinkAboutAgenda & Minutes EDA MEETING 5:30 - 7:00 p,m, 7:00 PM FORUM REGULAR COUNCIL MEETING AGENDA Date: November 15, 1999 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: ..,....,................. 7:30 p,m, 2. APPROVAL OF AGENDA: 3. CONSIDER APPROVAL OF NOVEMBER 1, 1999 MEETING MINUTES AND NOVEMBER 3,1999 SPECIAL 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 Treasurer's Report C) Consider Approval of Building Permit Report, D) Consider Approval of Animal Warden Monthly Re - q'-I1..1- E) Consider Approval of Fire Call Report F) Consider Approval of January-October 199 City Council Directives Report, G) Consider Approval of Resolution 99- Authorizing Special Assessment Deferral for City Project 99-13 North Shore Oaks First Addition Sewer and Water Installation, H) Consider Approval of Temporary Consumption and Display Permit for the Church of St. Michael. I) Consider Approval of Temporary 3,2 Liquor License for the Church of St. Michael. 5. ITEMS REMOVED FROM CONSENT AGENDA. 6, PRESENTATIONS: 7, PUBLIC HEARINGS: 8. I 1") e5 .J "I'\:O/.I.J 5...11 to J:I'!f~'}.A r~ OLD BUSINESS: [)IF "v' 1'tIO y~;, - U rWl A) Consider Approval of Resolution 99-X/ Denying an Amen~ment to the Comprehensive Plan Request by Northview Development for the Property Located at 4520 Tower Avenue. 123 B) Consider Approval of Resolution 99-~ pproving the Final Plat and Development Contract for Wild Oaks, l"Ltf C) Consider Approval of Resolution 99-)fK Approving the Final Plat and Development Contract for Glynwater 2nd Addition, 162Q.Qfeegle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER qf:l -/~ D) Consider Approval of Ordinance 99-~ Approving an Amendment to the Zoning Ordinance Relating to Sunset Provisions for the Combination of Nonconforming Lots, Lot Area for Duplexes, Required Setbacks in the Shoreland District, Setback Averaging in the Shoreland District and the Requirements for Hold Harmless Agreements. ~~ -/15 E) Consider Approval of (1) Resolution 99~for Traffic Control Signal Agreement No. 1.t. 79677R Between the State of Minnesota and the City of Prior Lake; and (2) Resolution '\.,,\,\ ~ Accepting Bids and Awarding Contract for Installation of Six Emergency ~ Vehicles Preemption (EVP) Systems (City Project 98-23). .--EL Consider Approval of Resolution 99-XX Awarding Bid for the Purchase of One (1) 2200-Gallon Fire Department Tanker Truck, Trade-In of the Existing Used Tanker Truck, and Authorizing the Mayor and City Manager to Execute Contract Documents Associated Therewith. NEW BUSINESS: l11 - , uq. A) Consider Approval of Resolution 99-?K Approving an Amendment to the Wind song on the Lake PUD to Add Additional Property and Boat Slips. B) Consider Approval of Report Regarding Y2K Contingency Planning. 9. 10, 11, 12, 111599.DOC OTHER BUSINESS: ANNOUNCEMENTS/CORRESPONDENCE ADJOURNMENT ~~ ~ v,;: /z- J]) . ,-1-_______ REGULAR COUNCIL MEETING MINUTES November 1, 1999 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Council member Kedrowski, Petersen, Wuellner, and Schenck, City Manager Boyles, City Attorney Pace, Planning Coordinator Kansier, Acting City Engineer McDermott, Finance Director Teschner, Park & Recreation Director Hokeness, Parks Maintenance Supervisor Friedges, Planner Tovar and Recording Secretary Meyer. APPROVAL OF AGENDA: MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE AGENDA AS PROPOSED, VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried, APPROVAL OF MINUTES FROM OCTOBER 18.1999 MOTION BY SCHENCK, SECOND BY WUELLNER, TO APPROVE OCTOBER 18, 1999 MEETING MINUTES, VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried, CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid, (B) Consider Approval of Resolution 99-116 Overturning the Decision of the Planning Commission to Deny a Variance to Locate an Accessory Garage Building Between the Front Building Wall and the Front Lot Line instead of the Required Side and Rear Yard on the Property Located at 6082 - 150th Street S,E. BOYLES: Briefly reviewed the consent agenda items. MOTION BY SGHENCK, SECOND BY WUELLNER TO APPROVE THE CONSENT AGENDA AS PROPOSED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: None. PRESENTATIONS: , Proclamation by Mayor Mader Recognizing Youth Appreciation Week. / Mayor MADER read the proclamation and declared November 7-13,1999 as youth appreciation week in the City of Prior Lake. Because the public hearing was scheduled for 7:45 pm, and the meeting had not reached that time, ltem,8A became the next item on the agenda. 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 1,1999 PUBLIC HEARINGS: Public Hearing to Conduct Assessment Hearing for 1999 Improvement Project 99-11 Candy Cove / Lakeside Manor Improvements and Consider Approval of Resolution 99-117 Adopting the Assessment Roll for the Project. Mayor MADER declared the public hearing open, . BOYLES: Briefly reviewed the past Council direction in connection with the staff report, Noted that the Lakeside Manor Homeowner's Association had submitted a check for payment in full of the proposed assessment. Also submitted correspondence from Daniel Gottel regarding his request for combination of two lots he owns. . MADER: Asked if the two lots 0 KANSIER: Clarified that it appears that both lots would be buildable though nonconforming, and that no permit for combination has been issued at this point. KEDROWSKI: Asked why the County Assessor treats the property as one lot, and we do not. Also asked if it is possible that the property owner could split the property at a later date. TESCHNER: Noted that the County, at the owners request, can combine the PID numbers for property tax purposes, but that the legal descriptions of the lots are not combined. Also noted that on page 6, for Lots 5 and 6, Block 1, Lakeside Manor, the PID number for 006 should be removed. Further clarified that the check received from the Homeowner's Association is a partial payment reduction since there is no specific special assessment in place against the Association property, BOYLES: Clarified that the impact is that the payment reduces the assessment per parcel. TESCHNER: Confirmed, MADER: Noted that if this property ended up being one lot, would it be reasonable to then assess the property as one lot. TESCHNER: Disagreed, and added that at the present time there is no building permit issued or in process. We must assess the property in its current status, PACE: Asked Finance Director Teschner to clarify if the equivalent of the assessment for the 4 units previously proposed to be assessed over the Association property was spread over the remaining properties, and that the number of units was reduced, TESCHNER: Answered that the units were reduced from 53 to 52, The Association assessment of $13,508, which represented 4 assessable units, was shifted the cost to the 52 property owners. The Association has now issued a prepayment to reduce the assessments spread over the remaining 52 properties. MADER: Commented that previously there were 53 units and now we are assessing 52. 2 City Council Meeting Minutes November 1, 1999 TESCHNER: Correct, but it did not change the unit assessment based on the number of units. The Association check is only a matter of record, and does not need to be part of the Council action, Mayor MADER asked for public input. KATY HALLBERG (Treasurer of Lakeside Homeowner's Association): Submitted a list of homeowner's association property owners to be cross-referenced with the City staff list. MOTION BY SCHENCK, SECOND BY WUELLNER, TO CLOSE THE PUBLIC HEARING, VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY WUELLNER, TO APPROVE RESOLUTION 99-117 ADOPTING THE ASSESSMENT ROLL FOR THE CANDY COVE I LAKESIDE MANOR IMPROVEMENTS (CITY PROJECT 99-11). VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried, Public Hearing to Consider Approval of Resolution 99-118 Vacating a Portion of the Roadway Easement for Pike Lake Trail Located on Lots 1-4, Block 4, Knob Hil/2nd Addition. Mayor MADER declared the public hearing open, BOYLES: Review the agenda item in connection with the staff report. MADER: Clarified that we are only vacating a portion of an easement across private property and not something the City owns, Shelly BUSCH (15750 Island View Road): Supports vacation of the easement because currently the easement affects the location of their deck in order to meet setback requirements, MOTION BY SCHENCK, SECOND BY WUELLNER, TO CLOSE THE PUBLIC HEARING, VOTE: Ayes by Mader, Kedrowski. Petersen., Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY PETERSEN, TO APPROVE RESOLUTION 99-118 VACATING A PORTION OF THE ROADWAY EASEMENT FOR PIKE LAKE TRAIL LOCATED ON LOTS 1-4, BLOCK 4, KNOB HILL 2ND ADDITION. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. OLD BUSINESS: Consider Approval of Ordinance 99-17 Approving an Amendment to the Zoning Ordinance Relating to the Setback Requirements for Residential Driveways (Case File 99-079). MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE ORDINANCE 99-17 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE SETBACK f3,EOUIREMENIS,EQR RESlDENII,t,L DRIVEWAYS (CASE FILE 99-079 . ~TE: Ayes by Mader, Kedrowski, peterse~-,WiJEmneTand Schenck, the motion carried. 3 / /) - - . . "'~--- ~_.,~ City Council Meeting Minutes November 1,1999 BOYLES: Briefly reviewed the agenda item in connection with the staff report and the action previously brought to the Council. MADER: Concerned that townhouse and cluster lots below minimum width standards do not require specific criteria and are subject only to City Engineer approval. Asked if there is no criteria defined, doesn't that create the possibility of inconsistency. Suggested providing a minimum setback (Le. not less than) rather than leaving the decision to the discretion of the staff member. KANSIER: Noted that staff felt this was an adequate approach given that townhouse and cluster developments are subject to stricter guidelines through the preliminary plat process, Is comfortable with this language because being so specific could not possibly apply to every circumstance, For example, in the case of the Glynwater development, the design was to eliminate curb cuts and change the aesthetics of the development by not viewing only big garages from the street. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council returned to the 7:45 p.m. public hearing (Item 7A). Consider Approval of Resolution 99-119 Awarding Bid and Authorizing the Mayor and City Manager to Execute the City's Standard Contract for the Construction of a Community Park / Athletic Complex on the Former Busse Property. BOYLES: Review the agenda item in connection with the staff report and reviewed the bidding process, items to be completed, and staff recommendation for the bid award. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-119 AWARDING BID AND AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD CONTRACT FOR THE CONSTRUCTION OF A COMMUNITY PARK / ATHLETIC COMPLEX ON THE FORMER BUSSE PROPERTY. HOKENESS: Described the proposed park development on the former Busse property, which would include four softball/baseball fields and four full-sized soccer fields. Also noted the development of unique natural barriers including run-off ponding, biofilters and berming, Stated that the staff will continue to work with nearby property owners to address their concerns as the park development progresses. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried, The Council took a brief recess. NEW BUSINESS: Consider Approval of Resolution 99-XX Approving Conditional Use Permit for a Communication Tower located within the CSAH 42 Right-of-Way. TOVAR: Discussed the specific location of the monopole, the monopole design, and the conditions of the CUP approval as recommended by the Planning Commission and staff. 4 .._~,,,,,,,,,,,.._."~_._~---_. ---- City Council Meeting Minutes November 1, 1999 MADER: Asked if the tower on the Jeffers property that has been determined to be structurally unsound could be reconstructed, TOVAR: Referred to an October 7th letter from US West as contained in the staff report which states that it is unlikely that the tower could support the monopole and that it is unclear how long it will take before the property title can be cleared up, SCHENCK: Asked if there is a fee imposed by the City or the County. TOVAR: Noted that a building permit is required, but no usage fee is required, similar to other utilities. MADER: Clarified that the statute allows for charge of a usage fee, but only if the fee is proportionate to the costs associated with maintaining the right-of-way, and if a similar fee has been charged for other utilities in the past. BOYLES: Noted that there is an additional complication because this is a County right-of-way, SCHENCK: Asked what other cities allow these types of monopoles, and to what extent. Dan FISCHER (representing US West, the applicant): Noted that this application is relatively new to US West. US West believes this use is consistent with other utilities. The Telecommunications Act does allow users within the right-of-way. It is even a more consistent use placing the pole in the right-of-way than locating it in the middle of a field, In utilizing the application, US West is attempting to keep the design as unobtrusive as possible, Also noted US West's willingness to work with staff as the ordinance is reviewed for possible revisions in order to maintain specific criteria for allowing the use in the future, MADER: Read from the statute which allows cities to regulate the use of multiple and competing facilities within public rights-of-way. Understood that to mean there was some latitude for the City to regulate the use. PACE: Clarified that a permitting process which was different from that presently required by the ordinance, although discussed with the US West representatives, was not something staff would or could commit to, nor did staff imply implement any administrative process whereby these uses would not come before the Council for consideration. Advised that it is in the Council's best interest to put policies in place to manage such uses, even though it cannot specifically prohibit them. SCHENCK: Asked the US West engineer why there is an advantage to putting the monopole in a ditch, and if the southwest side of CSAH 42 would work, SCOTT SCHECKLMAN (US West Radio Frequency Engineer): By putting the monopole in the lowest spot, the signal reaches where it is weakest (Le, fills up the hole), There is no reason from an RF perspective that the Jeffers location wouldn't work, US West chose to remain consistent with the other line of poles in the area and locate the tower at the proposed location. WUELLNER: Asked about the average distance between poles, and if the tower on the Jeffers property is structurally unsound. Also asked about the life of this type of technology. "-----.---- ...,.,."- 5 City Council Meeting Minutes November 1,1999 SCOTT SCHECKLMAN: Approximately 1 to 1.5 miles in a suburban area, and slightly farther apart in rural areas. Also noted upon the structural engineers review of the site, it is unlikely, based upon the size of the tower, that it could support the monopole. The advantage of radio frequency is that it is much more reliable and faster than satellite signals. The estimate is that this technology will continue to increase for the next 10-15 years. PETERSEN: Concerned about the unsightliness of numerous monopoles. Also noted that to locate the pole in a ditch has the potential to damage the equipment if vehicles would end up in the ditch during bad weather. SCHECKLMAN: Described the strategies to camouflages the antennas as much as possible. DAVE FISCHER: Discussed the alternative locations researched and why the proposed site was chosen, including the lack of overhead power lines, space available for the pole, and no need for additional easements from adjoining property owners. MADER: Asked if communications companies share poles, and if it would be reasonable for US West to rebuild the tower on the Jeffers property and combine uses so that there would only be one tower in the area. FISCHER: US West has joint use agreements with other power companies, In this case, there was not a current power company to share a pole with at this location due to the number of wires, Also, with the Jeffers property in abatement, it is not clear how long until US West could enter into a ground lease agreement, and what the future of that particular property would be. US West is trying to provide service as soon as possible. Mayor MADER asked for public comment. DONALD JOHNSTON (4960 - 140th Street N.W.): Read a brief statement in opposition to the proposed monopole tower due to (1) degradation of the aesthetic value of their property and diminution of their property value; (2) it would open up the management of a whole new use for wireless companies causing major disruption of the status quo; (3) the site is inadequate in size and easement access; and (4) the use is contrary to the intent of the statute, which will be revisited in the next legislative session. Commented that Prior Lake could become an antenna park. Requested Council action denying the CUP, a 6-month moratorium, or specific restrictions upon approval as to camouflaging the pole to preserve the aesthetic value of the surrounding residential properties and providing compensation for diminution in property value, KEDROWSKI: Does not support the proposal. Believes an action approving the use would open a much larger issue for the City and set an unfavorable precedent for the community. Concurred that the ordinance does need to be revisited in order to address these issues, MADER: Commented that a number of issues have been raised and that there may be possible alternatives available. Does not support the proposal at this time, MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ITEM TO A SUBCOMMITTEE FOR FURTHER CONSIDERATION OF THE ISSUES OF THIS USE AS WELL AS POSSIBLE ORDINANCE AMENDMENTS, 6 City Council Meeting Minutes November 1, 1999 FISCHER: Requested a decision by the Council be made at this time either in support or denial, so that US West may consider further action, if necessary. The Council took a brief recess. MADER: The City Attorney has advised that the Council has until Jan, 13, 2000 in order to take action on the Conditional Use Permit. MADER WITHDREW THE PREVIOUS MOTION, AND COUNCILMEMBER WUELLNER WITHDREW HIS SECOND, MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ISSUE AND TO DIRECT STAFF TO SCHEDULE A PLANNING COMMISSION AND CITY COUNCIL WORK SESSION IN ORDER TO MAKE A RECOMMENDATION ON THIS ISSUE AND POSSIBLE ORDINANCE AMENDMENTS PRIOR TO THE JAN, 13, 2000 DEADLINE. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried, Consider Approval of Resolution 99-XX Approving the Conditional Use Permit for a Communication Tower located within the Candy Cove Right-of-Way. MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ISSUE AND TO DIRECT STAFF TO SCHEDULE A PLANNING COMMISSION AND CITY COUNCIL WORK SESSION IN ORDER TO MAKE A RECOMMENDATION ON THIS ISSUE PRIOR TO THE JAN, 13, 2000 DEADLINE. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried, Consider Approval of Resolution 99-120 Initiating the Vacation of a Portion of Red Oaks Road Adjacent to Lots 27-37, Red Oaks. BOYLES: Reviewed the agenda item in connection with the staff report, the options available to resolve the issue, and the recommendation by staff, MADER: Asked if vacating the roadway eliminates City access for fire and police access. KANSIER: Noted that the City and remaining property owners must received easements for access from Ms, Roehr before the vacation would be initiated. PACE: The easement agreements that would be acquired prior to initiating the vacation would have to provide access easements for the City emergency vehicles and the remaining properties, The draft easements before you are shown as a good faith intent by the property owners to proceed in this fashion. MOTION BY WUELLNER, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX INITIATING THE VACATION OF A PORTION OF RED OAKS ROAD ADJACENT TO LOTS 27-37, RED OAKS, VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. 7 City Council Meeting Minutes November 1, 1999 Consider Approval of Ordinance 99-XX Amending City Code Section 105.300 Relating to the Salaries of the Mayor and City Councilmembers. BOYLES: Reviewed the agenda item in connection with the staff report, and noted that even with the increase, the salaries would remain below the average across the metro area. MOTION BY MADER, SECOND BY PETERSEN TO APPROVE ORDINANCE 99-XX AMENDING CITY CODE SECTION 105.300 RELATING TO THE SALARIES OF THE MAYOR AND CITY COUNCILMEMBERS. WUELLNER: While there is a strong case to be made for increasing the salaries, uncomfortable because his impression is that the intent of the law is that the public be given more notice, rather than the action being considered the night before an election. PETERSEN: Noted that the item was in the paper. MADER: Also noted that the discussion has occurred several times, including during budget workshops, and that consideration of the item has appeared in the newspaper. Supports the amendment. KEDROWSKI: Does not support the motion. The money is not an issue for him. He is dedicated to public service and cannot support the motion being a candidate facing election in such a bottom-line conscious community. VOTE: Ayes by Mader and Petersen, Nayes by Kedrowski, Wuellner and Schenck, the motion failed. Consider Approval of Appointments to the Parks Advisory Committee, Lake Advisory Committee and Planning Commission. BOYLES: Noted the procedure for filling the current vacancies for 2 Planning Commissioners, 3 Lake Advisory Commissioners, and 3 Parks Advisory Commissioners, and the recommendation by the interview committees. MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE APPOINTMENTS TO THE PARKS ADVISORY COMMITTEE, LAKE ADVISORY COMMITTEE AND PLANNING COMMISSION AS PROPOSED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. OTHER BUSINESS I COUNCILMEMBER REPORTS: MADER: Announced a special meeting of the City Council at 9am on Wednesday, November 3rd to certify the election results. BOYLES: Reminded Councilmembers that staff is seeking direction on possible ordinance revisions for allowing garages in front yards. Please see your Weekly Update of October 29, 1999. 8 - u-~-r- y,-y- City Council Meeting Minutes November 1,1999 A motion to adjourn was made and seconded, The meeting adjourned a Frank Boyles, City Manager 9 SPECIAL COUNCIL MEETING MINUTES November 3, 1999 Special Meeting of the Prior Lake City Council to Canvas Municipal Election Results Present were: Mayor Wes Mader, Councilmembers Wuellner and Petersen, Finance Director Teschner, and City Manager Boyles. Mayor MADER called the meeting to order at 9:03 a.m. TESCHNER: Reviewed the results of the November 2, 1999 municipal election and explained the details of Resolution 99-121. MOTION BY WUELLNER, SECOND BY PETERSEN TO ADOPT RESOLUTION 99-121 CANVASING THE RETURNS OF THE CITY OF PRIOR LAKE 1999 MUNICIPAL ELECTION. VOTE: Ayes by Mader, Wuellner and Petersen, the motion carried. MOTION BY WUELLNER, SECOND BY PETERSEN TO ADJOURN. VOTE: Ayes by Mader, Wuellner and Petersen, the motion carried. The meeting adjourned at 9:06 p.m. Frank Boyles, City Manager 16200 Eagle Creek Ave, S,E., Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER