Loading...
HomeMy WebLinkAboutAgenda & Minutes EDA MEETING 5:30 - 7:00 p.m. . 7:00 PM FORUM REGULAR COUNCIL MEETING AGENDA Date: August 16, 1999 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m. 2. APPROVAL OF AGENDA: " 3,: CONSIDER APPROVAL OF AUGUST 2, 1999 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 Report E) Consider Approval of Fire Call Report F) Consider Approval of Temporary 3.2 Liquor License for Conoco Softball Team and Waiver of License Fee. G) Consider Approval of Cigarette License for Green Heights Lake Club H) Consider Approval of Resolution 99-~pproving Prior Lake VFW Post #6208 Premise Permit for Lawful Gambling. 1- t ITEMS REMOVED FROM CONSENT AGENDA: 5;" 8. PRESENTATIONS: None. PUBLIC HEARINGS: / 13 A) Public Hearing to Consider Approval of Resolution 99-G Approving an Administrative Subdivision for Jeffrey and Jacqueline Daas and Timothy and Kathryn Mannion of Property Located at 15322 Fish Point Road and 15314 Fish Point Road. ~, OLD BUSINESS: 1t '-\ Consider Approval of Resolution 99_ Approving Assignment of Cable Television Franchise Rights from Triax Midwest Associates to Mediacom LLC. ~ Consider Approval of Resolution 99-____ Approving Plans and Specifications and Authorizing Advertisement for Bids for th~ Installation of Six Emergency Vehicle Preemption (EVP) Systems. -=tS C) Consider Approval of Change Order #3 for Fulco Construction for the Library/Resource Center. 6. 7. ''It, " 16~QQ"~gle Creek Ave, S.E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1'E D) Consider Approval of Resolution 99-~ Approving the Plans and Specifications and Authorizing the Advertisement for Bids for the Development of a Community Park / Athletic Complex on the Busse Property. ~~.\\) ~I~ NEW BUSINESS: 7~ A) Consider Approval of Resolution 99-~ Accepting Feasibility Report and Scheduling Public Hearing to Conside ovement Projects. Consider Approval 0 Ordinance 99- pproving a Zoning Change from the A District IS rict, Reso Approving the Conditional Use Permit for a 22- Unit Townhouse Development and R olytion 99'..:}8(; Approving the Preliminary Plat to be, knC?wn as Glynwater 3rd Addition. 'If:, 77- nsider'Apprc;:>val of the following Resolutions: . 'io,. ~'-',. iofi~~")Q< and 99-XX Declaring Costs to be Assessed and Ordering Preparatl"";lPropo~ed Assessment Rolls for Project 99-11 Candy .,%-,~~ - -~-.., Cove/LakesidErMafl ;""l> .....iVerT)~nts and Project 99-13 North Shore Oaks 1st Additio~ Sanitary Sewer anaWat~.'~, -.,~.I!T1.e!ovements. Resolutions 99-XX and 99-XX Estabhs '.f&t~Date of the Assessment Hearings for Project 99-11 Candy Cove/Lakesi . ~ Qr Improvements and Project 99-13 North Shore Oaks 1st Addition Sam'~er and Water Service Improvements. Yo . ~" D) Consider Approval of Resolution 99-""-Authorizing WSB & Associates, Inc. to Provide Professional Engineering Services for Layout Approval and Cooperative Agreement Submittal for the TH13 Frontage Road Project for Commerce and Boudin Streets. E) Consider Approval of Resolution 99-' Confirming the City Manager's Recommendation for the Appointment of Hallel~d, Lewis Nilan, Sipkins and Johnson as City Attorney. r I . 9. 10. OTHER BUSINESS: 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT OSI699.DOC REGULAR COUNCIL MEETING MINUTES Date: August 2, 1999 (7:30pm) CALL TO ORDER and PLEDGE OF ALLEGIANCE: Present were: Mayor Mader, Councilmembers Kedrowski, Petersen, Wuellner and Schenck, City Manager Boyles, City Attorney Pace, Assistant City Manager Woodson, Police Chief O'Rourke, City Engineer IIkka, Planning Director Rye and Recording Secretary Meyer. APPROVAL OF AGENDA: MADER: Requested adding an Executive Session to discuss pending litigation. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSIDER APPROVAL OF JULY 19. 1999 MEETING MINUTES: MADER: Page 5, fourth paragraph, change the last sentence to read, "Also noted that staff had advised that the only way the City could qualify for the tax exemption was if certain items were held out from the main contract and bid and awarded separately." MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE THE MINUTES OF THE JULY 19, 1999 MEETING, AS AMENDED. 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 Final Payment for City Project 99-13 North Shore Oaks Sanitary Sewer and Water Service Improvements. C) Consider Approval of Volunteer Firefighters' Request for Improved Pension Benefits. D) Consider Approval of Appointment to Parks Advisory Committee. BOYLES: Briefly reviewed the Consent Agenda items. MADER: Removed Item C from the Consent Agenda. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE CONSENT AGENDA ITEMS A, BAND D. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: Consider Approval of Volunteer Firefighters' Request for Improved Pension Benefits. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Minutes August 2. 1999 MADER: Commented on the recent community survey in which the police and fire departments received extremely high approval ratings and that an increase in benefits is a win-win situation that does not cost the City any money. PRESENTATIONS: Presentation by Police Chief O'Rourke Recognizing Two Prior Lake Police Officers for their Recent Life-Saving Efforts. CHlE.E O'ROURKE: Reviewed the situation by which he is able to take the opportunity to recognize Officer Wade Erickson and Officer Maureen O'Hehir for outstanding life-savings efforts. Pointed out that the victim Dennis Theilen and his family were present to say thank you to the Officers as well. DENNIS THEILEN: Took the opportunity to personally thank the officers. O'ROURKE: Presented the Chiefs Merit Awards for Officer Erickson and Officer O'Hehir. Presentation by Dr. Bill Morris of 1999 Prior Lake Community Survey Results. BOYLES: Reviewed the agenda item and introduced Dr. Bill Morris of Decision Resources, Inc. MORRIS: Discussed the methodology of the community survey and its highlights, including 89% rating quality of life excellent or good (putting the City of Prior Lake in the top 25%-30%), together with the areas most liked about the City. The most serious issues were first and foremost growth, followed by schools and then taxes. Further discussed how residents viewed the City, future of Prior Lake (56% favored more diversity/development), how residents feel about changes in the City, how residents view the taxes imposed by the City, quality of City services, relationship with City government and approval of Mayor and City Council, job performance of City staff and contact with City Hall, public safety concerns, downtown redevelopment, City characteristics, providing incentives and tax breaks for desired development, park and recreational facilities and programs, potential referendum for public safety/administration building, youth center, development issues, and about how residents obtain information about City government. In general the report is positive -- residents are pleased with City services, and the performance of the Mayor, City Council and City staff. Development seems to be the main concern. Suggested reviewing City communication methods. The park system is a treasure, one of the most highly rated services. The key challenge facing the community is maintaining a small town ambiance while developing and managing a diverse community. MOTION BY SCHENCK, SECOND BY WUELLNER, TO INCLUDE A DISCUSSION OF THE COMMUNITY SURVEY AT THE ANNUAL COUNCIL WORKSHOP. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. PUBLIC HEARINGS. None. 080299,DOC 2 ""'. .... 0..'" -_&"'iUI.~ t..~ ,i ,,~,. iliA.,.. .&ii.. .............;oM.....;.i.;;:... ,.:.;..-. ~~ ii, ~ _ ...t: ,...,.~,~I~ ,. ..>.IA. ~.... ., ,., Council Meeting Minutes August 2. 1999 OLD BUSINESS: Consider Approval of Report with Respect to Potential Funding Sources for Frontage Roads along CSAH 42 from Commerce to Rutgers and Rutgers to Harbor Place. BOYLES: Reviewed the item in connection with the staff report and the recommendation of the EDA. MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE REPORT WITH RESPECT TO POTENTIAL FUNDING SOURCES FOR FRONTAGE ROADS ALONG CSAH 42 FROM COMMERCE TO RUTGERS AND RUTGERS TO HARBOR PLACE. MADER: Advised that there were other issues beyond funding that made this project questionable, and that there was not necessarily consensus among the Council that even if a funding source had been identified that the City would be out condemning properties. KEDROWSKI: Clarified that the requested report did not approach the project with the concept of condemning any homes. This was long-term planning designed to develop the project over time as property owners were willing to sell. The request was intended to identify funding sources which could be used to obtain those properties from willing sellers with the intent of eventually implementing the project. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. NEW BUSINESS: Consider Approval of Ordinance 99-08 Amending City Ordinance Restrictions with Respect to Park Property. BOYLES: Reviewed the item in connection with the staff report and identified the proposed changes to the park ordinance. Also advised that the Spring Lake Township neighbors of the park being developed on the Busse property are being included and notified as the plans for the park progress. The traffic study is underway and results are expected within the next 30 days. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE ORDINANCE 99-08 AMENDING CITY ORDINANCE RESTRICTIONS WITH RESPECT TO PARK PROPERTY. KEDROWSKI: Asked if this ordinance amendment required a super-majority. Applauded staff for keeping the residents and nearby neighbors involved and addressing their concerns. Attorney Pace indicated a super-majority is not necessary. Councilmembers PETERSEN and WUELLNER concurred in staffs efforts to keep the neighbors involved. SCHENCK: Asked about the fact that the swimming hours are not specified in the ordinance. BOYLES: Clarified that swimming hours are posted at each of the beaches where swimming is permitted. In an emergency, hours can be revised. 080299.DOC 3 Council Meeting Minutes August 2. 1999 MADER: Suggested adding language with respect to swimming hours that would include "as designated and posted." Also asked the staff to address how we will enforce the swimming hours, and what is the City's intent with respect to residents swimming after hours or "at their own risk". BOYLES: It is the City's intent that swimming is permitted at the hours posted, and that has been the extent of enforcement. There will be no lifeguard at the beach after the posted hours. To indicate that swimmers can swim "at their own risk" after hours, is an admittance on the City's part that there is a risk, which increases the City's liability by its statement. MADER: Asked whether the proposed youth athletic field has formally been named Busse Park, and whether adopting an ordinance with a specific name is appropriate at this point. There was some discussion among the Council and staff as to the language that would be appropriate. BOYLES: The park hasn't been officially named. Advised that the intent of the action tonight is to put into place some measures by which the neighbors and concerned parties near the proposed park can be assured of the City's cooperation in developing a park that is acceptable to the neighborhood. The change to the description of the park within the ordinance is appropriate. MOTION BY MADER, SECOND BY KEDROWSKI, TO CHANGE THE REFERENCE IN THE PROPOSED ORDINANCE FROM BUSSE PARK TO "THE PARK BEING DEVELOPED ON THE BUSSE PROPERTY." VOTE ON AMENDMENT: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. SHERITA BENDER: Believes the ordinance is a good first step. There is still skepticism, but thanked the Council and staff for continued efforts. VOTE ON PRIMARY MOTION AS AMENDED: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. Consider Approval of Ordinance 99-09 an Amendment to the Zoning Ordinance Regulating Outdoor Sales as a Permitted Accessol}' Use in the C-3 Zoning District (Downtown Area). BOYLES: Reviewed the agenda item in connection with the staff report, including the Planning Commission recommendation, conditions of the amendment, and examples of regulations in other cities. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE ORDINANCE 99-09 AN AMENDMENT TO THE ZONING ORDINANCE REGULATING OUTDOOR SALES AS A PERMITTED ACCESSORY USE IN THE C-3 ZONING DISTRICT (DOWNTOWN AREA). fA.u..L VIERECK (3465 140th Street): Advised that Viereck Fireplace Sales is expanding to include Viereck Home Accents which is nearly 75% complete, and provided a progress report regarding the updating and its connection with the Downtown Redevelopment. 080299,DQC 4 ',- ','-: '.;;L )I:~'n!E.~-~~"fl'l; . '_1: '~ ':-. ~ ~'7:::~ '~:_;':J:";:1:nt~. ~ "~' ~.~:.:,~u::,,;;,..:::::.;;-r~ '....~ .r Council Meeting Minutes August 2. 1999 SCHENCK and WUELLNER: Thanked the Vierecks for their contribution to downtown. KEDROWSKI: Glad to hear that staff has been responsive and that the Vierecks have taken the first step towards the goals for downtown. MADER: Asked Mr. Viereck where this ordinance amendment might lead the City, when other cities either don't permit outdoor sales, or permit it only as a conditional use. Is concerned with the negative impacts the ordinance amendment may imply. His understanding was that the ordinance would allow anything related to indoor sales could be sold outdoors. VIERECK: Advised that the issue was discussed with the Planning Commission and Planning staff, and that currently there is no enforcement of outdoor sales. The ordinance would allow outdoor sales with conditions so that sales could be allowed, but that conditions existed for regulation purposes. Viereck Home Accents is concerned with the property between the buildings rather than the store front. MADER: Clarified that the City cannot regulate something permitted by the ordinance, which is why a conditional use permit process is probably more appropriate in order for the City to regulate sales. This ordinance would allow anything sold inside to be sold on the street as well. fACE: Explained that as the staff report indicates, the more serious concern is the situation the City is unable to anticipate with respect to future claims and whether outdoor sales are related to the principle use. If the Zoning Administrator is left to deciding what is related to the principle use, it leaves the City open to claims of unfair treatment. TOVAR: Clarified that under the current ordinance outdoor sales is a permitted temporary use on any commercial site. As long as the display is less than 100 sq. feet there is no time limit. If the area exceeds 100 sq. ft., then display is limited to four consecutive days, with a cap of twelve calendar days per year. Also, in the Downtown C-3 zoning district there is a zero front yard setback which would mean most businesses would have only the sidewalk area for display which is not permitted. The Planning Commission determined that rather than going back through the CUP process, the ordinance amendment permitted with conditions was the proper channel. fAc.E: Commented that the only decision question for a policy-making body is whether or not the items being sold is related to the principle use. KEDROWSKI: Added that Conditional Use Permits are very hard to turn down, and even though there is a review process, how do you treat people fairly within the downtown district. To try to determine if an item is related to a principle use is arbitrary. MADER: That argument would indicate that any ordinance with a conditional use is arbitrary. KEDROWSKI: If it is difficult not to say "never", then you have to say "yes" in terms of the downtown district. The City cannot leave it subjective based on whether or not it likes what the business is selling. MADER: Believed the Council has the authority under a conditional use permit to grant or not grant a CUP based on the assets or negative impacts the outdoor sales may bring to the community. 080299,DOC 5 Council Meeting Minutes August 2. 1999 KEDROWSKI: That is inappropriate. fACE: If someone has a retail establishment, whether or not the City likes what it sells is not relevant to the decision. If it is legal for them to sell something, it's legal. On the outdoor sales issue, it is whether the item being sold outside is related to what is being sold inside. Not absolutely because what Councilmember Kedrowski is saying is that there would never be an instance where the Council could determine what is being sold outside is not related. As decision- makers you have a rational basis for saying why or why not an item is related to a principle use. KEDROWSKI: Does this ordinance give staff that discretion? fACE: There is no staff process here. MADER: Suggested acting on the amendment so that Vierecks can proceed with their plans, but that a motion follow directing staff to address the broader policy question within the ordinance. WUELLNER: Asked the difference between a Permitted Accessory Use with Conditions, and a use granted under a conditional use permit with respect to the City getting what it deems appropriate. TOVAR: Typically a Conditional Use Permit takes into consideration the proposed use with the adjacent uses and then you may attach conditions relevant to the adjacent uses. It is difficult to deny a CUP assuming the applicant meets all of the conditions placed before them. In a use permitted with conditions, the conditions are listed and in takes out a loop in the process for the applicant. WUELLNER: If outdoor sales were only permitted under a CUP, would there be additional conditions? TOVAR: No, because these are the conditions that the Planning Commission recommended be part of the ordinance, but does not preclude the Council from adding additional conditions regulating the types of outdoor sales. fACE: Discussed adding a condition to the ordinance by which the Zoning Administrator would determine whether the items are related to the principle use. If the Zoning Administrator would say "no", that is an appealable process. Does not object to the Viereck's specific project, but once a use is in place, enforcement becomes to enjoin the use of something and is very expensive to do that. ' MADER: Suggested acting on the motion on the table, with a follow-up by staff as to the larger policy issue. WUELLNER: Voiced concern with making an ordinance change for a specific situation when it is the Council's responsibility to plan for the long-term. Believed a conditional use permit would be more appropriate. KEDROWSKI: Disagreed that this ordinance does not address the same concerns that would be addressed under the CUP process. 080299,OQC 6 " ~ AI' lpi' !lIII!!,"~"L"," .....""""",!IIi """'" ,- ~ ... . ~~""~ 'j,!tIB.~Jl~~,~ _ ~, l_';"'---:"'_;~l" 'P',' If" -.. ""'" .... " Council Meeting Minutes August 2. 1999 BOYLES: The concerns voiced are valid. Suggested following the Mayor's approach to adopt the ordinance, and direct staff to further address the issues discussed tonight. VOTE ON THE PRIMARY MOTION: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY MADER, SECOND BY WUELLNER, TO DIRECT STAFF AND CITY ATTORNEY TO READDRESS THE ORDINANCE CONDITIONS RELATING TO CONTROL MEASURES FOR OUTDOOR SALES IN THE DOWNTOWN DISTRICT. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ANNOUNCEMENTS/CORRESPONDENCE: BOYLES: Reminded everyone that Lakefront Days events begin this week August 5th - 8th. [The Council took a brief recess.] OTHER BUSINESS: Executive Session to Discuss Pending Litigation. Mayor MADER advised that the Council, in Executive Session, would be discussing pending litigation matters including Thomas v. City of Prior Lake, and Hagen v. City of Prior Lake. [The Council returned from Executive Session] Mayor MADER advised that no formal action was necessary with respect to the litigation matters discussed. City Manager A motion to adjourn was made, seconded and accepted. The meeting adjourne 080299.DOC 7