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Home My WebLink About080795 Regular CAPITAL IMPROVEMENT PROGRAM WORKSHOP 5:30 P.M. REGULAR COUNCIL MEETING AGENDA August 7, 1995 1. CALL TO ORDER ............................................................................... 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES. A. Consider Approval of Special Meeting Minutes. 4. CONSENT AGENDA: a) Consider Approval of Resolution 95-74 Authorizing a Minor Amendment to the Preliminary Plat for Woodridge Estates. b) Consider Approval of Resolution 95-71 Approving Plans and Specifications and Ordering Advertisement for Bids for Project 95-04 Public Works/Parks Maintenance Facility. c) Consider Approval of Resolution 95-69 Approving a Conditional Use Permit to Allow a Public Building in the I-1 Business Park District. d) Consider Approval of Ordinance 95-10 Amending City Code Title 3, Chapter 12 of the Outdoor Concert Ordinance. 5. PRESENTATIONS: A. None 6. PUBLIC HEARINGS: 7:45 P.M. A. Public Hearing to Consider Approval of Resolution 95-63 Authorizing Vacation of "Waterfront" Platted Within Sunset Shores. B. Public Informational Meeting for Quaker Trail and Pine Road Public Accesses. AS0795I.DOC 16200 Ea§le Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. OLD BUSINESS: A. Consider Approval of Resolution 95-66 Approving Plans and Specifications for CSAH 18 and approval of the Cooperative Agreement With Scott County and Resolution 95-67 Authorizing Restrictions for Parking on CSAH 18. 8. NEW BUSINESS: A. Discuss Issues with Respect to Adult Uses. B. Consider Approval of Preliminary County Road 21 and CSAH 42 Improvements Plans and Authorization for MSA to Prepare Feasibility Report for Utilities Along County Road 21 and CSAH 42. C. Consider Approval of Ordinance 95-12 Amending City Code Section 10-4-3 (C) Discharge of Firearms to Allow a Special Metropolitan Goose Hunting Season. D. Consider Approval of Resolution 95-70 Authorizing Amending Zoning Ordinance to Require City Action Within 60 Days of Application. E. Consider Appeal of Variances for McKnight and Associates - 4660 Lords Street. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A807951.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447~4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINUTES OF THE PRIOR LAKE CITY COUNCIL August 7, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, August 7, 1995 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Schenck and Scott, City Manager Boyles, Public Works Director Anderson, Planning Director Rye, Assistant City Engineer Wingard, Assistant Planner Garross, Parks Director Hokeness, City Attorney Rathke and Recording Secretary Birch. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the pledge of allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS COUNCIL MEETING MINUTES. MOTION BY SCOTT, SECOND BY GREENFIELD TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. CONSIDER APPROVAL OF SPECIAL COUNCIL MEETING Councilmember Greenfield noted that it should have indicated that he was out of town. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE SPECIAL MEETING. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Councflmember Greenfield abstained. 4. CONSENT AGENDA: a) Consider Approval of Resolution 95-74 Authorizing a Minor~es. 95-74 Amendment to the Preliminary Plat for Woodridge Estates. Amend. Prelim. b) Consider Approval of Resolution 95-71 Approving Plans andPlat-W°°dridge Specifications and Ordering Advertisement for Bids for Project95-04~es.EStates95_71 Public Works/Parks Maintenance Facility. Plans & Specs Advertise Bids for Proj. 95-04 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council August 7, 1995 c) Consider Approval of Resolution 95-69 Approving a Conditional UseRes. 95-69 Permit to Allow a Public Building in the I-1 Business Park District. Allow Public .~ Bldg. in Bus. d) Consider Approval of Ordinance 95-10 Amending City Code Title -'D±strict Chapter 12 of the Outdoor Concert Ordinance. Ord. 95-10 Outdoor Concert MOTION BY GREENFIELD, SECOND BY KEDROWSKI TO APPROVE THE CONSENT AGENDA ITEMS (a) thru (d). Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 5. PRESENTATIONS: None 6. PUBLIC HEARINGS: 7:45 P.M. A. Public Hearing to Consider Approval of Resolution 95-63 Authorizing Vacation of "Waterfront" Platted Within Sunset Shores Public hearing was called to order at 7:45 p.m. Mayor Andren called the public hearing to order at 7:45 p.m. Assistant Planner Garross presented an overhead and discussed details of the request by the applicant, James Senstad and Colleen Monyihan to vacate property originally dedicated to the public in 1931 when Sunset Shore was originally platted. Neither the DNR or public utility companies have indicated any objections. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO ADOPTRes. 95-63 RESOLUTION 95-63 APPROVING THE VACATION OFvacate water- WATERFRONT LOCATED ADJACENT TO LOT 6 AND 7 front in 'Sunset Shores SUNSET SHORES. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCOTT, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. M80795C.DOC 2 Minutes of the Prior Lake City Council August 7, 1995 B. Public Informational Meeting for Fairbanks Trail and Pine Road Fairbanks Tr. Public Accesses. The purpose of this informational hearing is to & Pine Road determine if the City Council desires to classify the Fairbanks Trail Public Access and Pine Road public accesses as recommended by the Lake Advisory Committee. Water Resources Coordinator, Lani Leichty, began the discussion with Fairbanks Trail. The description of "vacate" with regard to these two accesses is: The City would release its right to use or control property for a designated purpose. Vacate the property after research has been done to ensure no property will be landlocked, and a petition to vacate has been received. Mr. Leichty reported on Fairbanks Trail location. Mr. Leichty presented an overhead of the area and stated that the LAC recommended that the 30 ft. of waterfront be vacated, but that a drainage easement for overland drainage flow be retained. There was no objection from the audience. MOTION BY GREENFIELD, SECOND BY SCOTT TO ACCEPT Fairbanks Tr. STAFF'S RECOMMENDATION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. The next access under discussion was Pine Road. The Lake Advisory Pine Road Committee has recommended that the last 30 feet of roadway be vacated with the retention of a drainage easement. The following persons had questions or comments pertaining to the vacation Dennis Braddock, 5267 Shore Trail, representing his mother Mary Braddock, questioned as to whether the property would revert back to the property owners. The answer was yes. Robert Johnson, 14535 Pine Road, had questions pertaining to the vacation. Harlan Anderson, 5325 Shore Trail, also had questions regarding the vacation and requested clarification. Mayor Andren made it clear that the city is vacating all interest in the last 30 feet of the road with the exception of a drainage easement and that the street would continue to be plowed. M80795C.DOC 3 Minutes of the Prior Lake City Council August 7, 1995 MOTION BY GREENFIELD, SECOND BY KEDROWSKI TO Vacate Pine Rd. RELEASE THE PINE ROAD PUBLIC EASEMENT FOR THE Public LAST 30 FEET WITH THE EXCEPTION OF THE DRAINAGE Easement EASEMENT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 7. OLD BUSINESS: A. Consider Approval of Resolution 95-66 Approving Plans andres. 95-66 Specifications for CSAH 18 and approval of the Cooperative Agreement CSAH 18 & With Scott County and Resolution 95-67 Authorizing Restrictions for Co-op Agreement Parking on CSAH 18. -Public Works Director, Larry Anderson, Res. 95-67 discussed the proposed plans for CR 18 which included access, trail Restrict and sidewalk development and landscaping plans. Parking on CSAH 18 MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO Res. 95-66 & APPROVE RESOLUTIONS 95-66 AND 95-67 APPROVING Res. 95-67 PLANS AND SPECIFICATIONS FOR CSAH 18, APPROVING Plans & Spec. THE COOPERATIVE AGREEMENT WITH SCOTT COUNTyCSAU 18 a Parking AND AUTHORIZING PARKING RESTRICTIONS. Restrictions 8. NEW BUSINESS: A. Discuss Issues with Respect to Adult Uses - City Manager Boyles stated that the purpose for this item was to provide safeguards for the city by implementing a moratorium until such time that the issue had been thoroughly researched for the purpose of upgrading the city's ordinance to be in compliance with State Statutes. A short discussion occurred. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO Interim Ord. PREPARE AN INTERIM ORDINANCE PROHIBITING THE Prohil~it Adult ESTABLISHMENT OF ADULT USES AND TO CONDUCT Auses STUDY AND DEVELOP A RECOMMENDED ORDINANCE AMENDMENT REGULATING ADULT USES WITHIN THE MORATORIUM PERIOD OF TWELVE MONTHS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MS0795C.DOC 4 Minutes of the Prior Lake City Council August 7, 1995 B. Consider Approval of Preliminary County Road 21 and CSAH 42co. Sd. 2! & Improvements Plans and Authorization for MSA to Prepare FeasibilitycsAtt 42 Report for Utilities Along County Road 21 and CSAH 42 - LarryPrelim' . Improvements & Anderson discussed the improvement plans and rewewed a deta~ledutility map showing the proposed construction which included access pointS Feasibility along County Road 21, the provision for keeping traffic open along most of the road and other details pertaining to the construction. Dan Jobe, Engineer for Scott County, addressed several issues. The following residents expressed concern and had questions regarding the projects: Darcy Kline, 14950 Timberglade Circle had questions regarding the width of the road and the width of the expansion on the east side. Walter Jobst, 15990 Martinson Island Road expressed appreciation for the plans. Anderson then discussed the County Road 42 improvement plans which included land use, access, trails, relocation of the sanitary sewer on the north side by McKenna Road and other details. He also discussed a frontage road request which will not be included on the north side of CSAH 42. Dan Klamm, 4130 140th Street, requested that a service road be installed between C.R.21 and Pike Lake Trail so that he would not have to deal with the right in, right out restriction with his 50 foot long truck. Carl Hanson, 4365 Raspberry Ridge Road, questioned the need for a bike trail Scott Markley, expressed concern about the suggestion to install a service road due to the wetlands adjacent to the roadway. - MOTION BY SCOTT, SECOND BY GREENFIELD, TO concept Plans APPROVE THE CONCEPT PLANS AS SUBMITTED. for Co. Rd. 21 & CSAH 42 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO AUTHORIZE MSA CONSULTING ENGINEERS TO PREPARE A M80795C.DOC 5 Minutes of the Prior Lake City Council August 7, 1995 FEASIBILITY STUDY FOR CSAH 21 AND COUNTY ROAD 42 Feasibility UTILITIES. Study CSAH 21 & Co. Rd. 42 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. C. Consider Approval of Ordinance 95-12 Amending City Code Section Ord. 95-12 10-4-3 (C) Discharge of Firearms to Allow a Special Metropolitan Goose Special Goose Hunting Season - City Manager Boyles discussed the provision in State Sunt season Statues regarding a special hunting season for Geese. Councilmember Schenck inquired as to whether the city could incur any liabilities as a result of approving this ordinance. Attorney Rathke stated that there had been no past cases where cities incurred liability for such an ordinance. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO ADOPT ORDINANCE 95-12 AMENDING SECTION 10-4-3(C) OF THE PRIOR LAKE CITY CODE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. A short recess was called. The meeting reconvened at 9:15 p.m. D. Consider Approval of Resolution 95- 70 Authorizing Amending Zoning Ordinance to Require City Action Within 60 Days of Application - On July 1, 1995, Article 18 of Chapter 248, Session Laws of 1995 entitled "Deadhne for Agency Action" became law. The act established a 60 day time limit for "agencies", including cities, to approve or deny any "written" request relating to zoning, septic systems or expansion of the metropolitan urban service area," Planner Don Rye, briefly discussed this law. This Resolution would give staff criteria to ensure that all applications were handled as required. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO Res. 95-70 APPROVE RESOLUTION 95-70 ESTABLISHING A MINIMUM Deadline for REQUIREMENT FOR ACCEPTING WRITTEN REQUESTS Agency Action RELATING TO ZONING. M80795C.DOC 6 Minutes of the Prior Lake City Council August 7, 1995 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. E. Consider Appeal of Variances for McKnight and Associates - 4660 Lordsvartances for Street - Mayor Andren reviewed the material included in the packetMcKnight and stated that the Council had reviewed the material and if anythingL°rds st. not included should be brought to their attention then this meeting was the time to do it. Planning Director Rye provided an overview of the issue and reviewed the Planning Commission's decision on the variance request and discussed the letters from the DNR - supporting the denial of the request or at least against the 20 feet setback and 33% impervious surface area and stated Council's alternatives which included: (1) Support decision of P.C. of 20 ft setback, and 33% impervious, surface. (2) Support the appeal - and grant 30 ft. setback and require no more than 30% impervious surface coverage. (3) Approve some other level of variance. Extensive discussion occurred regarding the setbacks, location of the home on the lot, the configuration of the lot, impervious surface coverage and what it included and other issues Walter Jobst 11510 Martinsons Island Road, voiced concern regarding the variances and consistency of action with regard to setbacks and impervious surface coverage. Mr. Jobst requested that his letter and the letter from Pat Lynch of the DNR be entered into the record. Bill Packer - 4633 Lords Street, addressed the Council with regard to his concerns. Further discussion occurred regarding variances which had been issued previously, size of the home, and the possibility of restricting the type of home to be built on the lot, relationships to size of house to size of lot, the criteria used to give variances, definition of hardship, and how much house is reasonable on a lot of this size. Bud Waund - 15196 Edgewater Circle, spoke as a representative of the builder, McKnight and Associates. A short discussion occurred regarding Mr. Waund's comments. M80795C.DOC 7 Minutes of the Prior Lake City Council August 7, 1995 MOTION BY KEDROWSKI, SECOND BY SCHENCK TO Variances on REAFFIRM THE PLANNING COMMISSION'S DECISION TO Lords Sr. ALLOW A FRONT YARD SETBACK ON THE EAST OF 17 FEET, A 20 FOOT VARIANCE ON THE NORTH, A LAKESHORE SETBACK OF 20 FEET AND AN IMPERVIOUS SURFACE COVERAGE OF 32.9% AND THAT EROSION CONTROL BE IMPLEMENTED ON THE SHORE SIDE OF THE PROPERTY AT TIME OF THE PERMIT, SUBJECT TO DNR APPROVAL. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 9. OTHER BUSINESS: Ridgemont Circle - City Manager Boyles distributed a memo from Ridgemont Cir. MSA to Hentges Construction. Tom Roushar of MSA Consulting explained the problems during the construction. Extensive discussion occurred regarding the contractor's ability to correct the problems. Mayor Andren discussed a letter which Council had received regarding complaints from a citizen in the area. Discussion occurred regarding cost of the project. City Manager Boyles requested that the attorney identify what additional steps should be taken to define this contractor as not responsible for future projects. Council discussed the action taken recently by the Scott County Commissioners in denying the funding of $7500 for the School Liaison Officer, and directed staff to send a letter expressing the Council's disappointment in their lack of support for this project. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, School Liaison DIRECTING STAFF TO DRAFT A LETTER TO THE SCOTT officer COUNTY BOARD OF COMMISSIONERS EXPRESSING THE Funding COUNCIL'S DISAPPOINTMENT ON THEIR ACTION IN DROPPING THEIR PAYMENT OF $7500 AS THEIR SHARE OF THE SCHOOL LIAISON OFFICER FOR 1995. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. M80795C.DOC 8 Minutes of the Prior Lake City Council August 7, 1995 MOTION BY KEDROWSKI, SECOND BY SCOTT TO ADJOURN THE MEETING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT MOTION BY KEDROWSKI, SECOND BY SCOTT TO ADJOURN THE MEETING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. The meeting adjourned at 11:00 p.m. F g Secretary M80795C.DOC 9