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Home My WebLink About120495 Regular REGULAR COUNCIL MEETING AGENDA December 4, 1995 1. CALL TO ORDER ......................................................................... 7:30 P.M. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA A. Consider Approval of Invoices To Be Paid B. Consider Approval of Final Payment for CSAH 42 Improvement Project C. Consider Approval of Resolution 95-118 Authorizing Prior Lake's Participation in Scott County Joint Powers Agreement for Public Safety Communication and Information System. D. Consider Approval of Assignment Agreement Between New Century Construction, Inc. and Wilderness Ponds Development, Inc., Regarding the Developers Agreement for Wilderness Ponds E. Consider Approval of Payment for Bluff Heights Addition Drainage and Utility Easement, and Acceptance of Quote for Storm Sewer Project 95-13 F. Consider Approval of Resolution 95-119 Recommending Preparation of a feasibility Report for Northwood Road, CSAH 21, Lakefront Park and Street Seal Coating. 5. PRESENTATIONS - Plaques for City Employees who have served 20 years or more. · Larry Anderson · BradBrandt · Larry Kerkow · Dennis Left · Dick Powell · Leroy Rabenort · Verlyn Raaen · Steve Schmidt 16200 l~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. PUBLIC HEARINGS 7. OLD BUSINESS A. Consider Approval of Resolution 95-120 For Selection of Master Plan Consultant for Lakefront Park and Authorize Funding Source. B. Consider Regulations Regarding Fences in The Shoreland District. 8. NEW BUSINESS A. Consider Approval of Goals Required for Participation in the Livable Communities Act B. Consider Variance Appeal of Elmer Clarke C. Consider Approval of Resolution 95-121 Denying Variance Appeal of Christopher Pearson D. Consider Agenda Items for January 19 and 20,1996 City Council Winter Workshop. 9. OTHER BUSINESS 10. ANNOUNCEMENTS/CORRESPONDENCE 1. ADJOURNMENT 20 5 C 16200~a~'~reek 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 December 4, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, December 4., 1995 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Schenck and Scott, City Manager Boyles, Assistant City Manager Tremere, Public Works Director Anderson, Planning Director Rye, Parks Director Hokeness, Assistant City Planner Garross, 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 MEETING MINUTES Minutes There being no additions or corrections the minutes were approved as submitted. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE THE MINUTES OF THE NOVEMBER 20, 1995 MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 4. CONSENT AGENDA A. Consider Approval of Invoices To Be Paid Invoices Payment CSAH B. Consider Approval of Final Payment for CSAH 42 Improvement 42 Project C. Consider Approval of Resolution 95-118 Authorizing Prior Lake's RS 95-118 Scot County Joint Participation in Scott County Joint Powers Agreement for Public Powers Agr. Safety Communication and Information System. D. Consider Approval of Assignment Agreement Between New Century New Century Constr. & Construction, Inc. and Wilderness Ponds Development, Inc., Wilderness Poz Regarding the Developers Agreement for Wilderness Ponds Buff Heights E. Consider Approval of Payment for Bluff Heights Addition Drainage and Utility Easement, and Acceptance of Quote for Storm Sewer Project 95-13 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 December 4, 1995 F. Consider Approval of Resolution 95-119 Recommending Preparation RS 95-119 of a feasibility Report for Northwood Road, CSAH 21, Lakefront Park Northwood Rd and Street Seal Coating. Staff requested that Item C be removed from the agenda at this time and Item F was removed for discussion under Other Business. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO Consent APPROVE CONSENT AGENDA ITEMS A, B, D AND E. Agenda Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Plaques 5. PRESENTATIONS - Plaques for City Employees who have served 20 carol scott years or more - City Manager Boyles stated that it is important to recognize the contributions these employees have made and gave a brief overview of their experience and job related activities over the last twenty years. Mayor Andren presented plaques commemorating 20 years or more employment with the city of Prior Lake to the following individuals: Larry Anderson, Brad Brandt, Larry Kerkow, Dennis Leff, Dick Powell, Leroy Rabenort, Verlyn Raaen and Steve Schmidt. 6. PUBLIC HEARINGS none. 7. OLD BUSINESS A. Consider Approval of Resolution 95-120 For Selection of Master Plan RS 95-120 Lakefront Consultant for Lakefront Park and Authorize Funding Source City Park Manager Boyles introduced the item and stated that Director of Consultant Parks and Recreation Paul Hokeness and representatives of the firm Master Plan of Brauer and Associates were present to answer any questions. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO ADOPT RESOLUTION 95-120 APPROVING THE SELECTION OF BRAUER AND ASSOCIATES AS MASTER PLAN CONSULTANT FOR LAKEFRONT PARK AND AUTHORIZE THE AMOUNT NOT TO EXCEED $16,000 TO BE ALLOCATED FROM THE 1995 CONTINGENCY TO FUND THIS PROJECT. Councilmember Schenck questioned as to why an outside consultant is being used instead of doing the work in-house. Parks Director M120495.DOC 2 Minutes of the Prior Lake City Council December 4, 1995 Hokeness stated that staff didn't have the extensive knowledge or resources to do a master plan, however staff will be providing elements of the plan. Councilmember Schenck inquired as to whether the city is legally bound to accept the lowest responsible bidder. City Attorney Rathke replied that the RFP was submitted for professional services and that the city has more discretion in these issues than it would when ordering a specific item or work to be done by a contractor. Upon a vote taken ayes by Andren, Greenfield, Kedrowski and Scott, nay by Schenck, the motion carried. B. Consider Regulations Regarding Fences in The Shoreland District. City Manager Boyles stated that at a previous open forum a resident complained about a fence constructed in the lakeshore setback area. Staff was directed to contact other communities to determine what, if any, regulations related to fences in lakeshore set back areas existed, and to suggest an amendment to the ordinance. Planning Director Don Rye answered questions from Council regarding the following issues: The number of complaints, what to do about existing fences, grandfather clause, type of fence, and enforcement issues. Discussion occurred as to whether the cost out-weighed the benefit, and whether an amendment could be made to the current fence ordinance. Assistant Planner Garross stated that there are a few fence restrictions in the zoning code with regard to height and type of fences located in a front yard area. MOTION BY SCOTT, SECOND BY GREENFIELD, DIRECTING STAFF TO PREPARE AN ORDINANCE AMENDMENT o~u) Amendment SIMILAR TO THE CITY OF MAPLE GROVE'S ORDINANCE Fences ON FENCING SHORELAND PROPERTY. on Shoreland Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, nay by Kedrowski, the motion carried. 8. NEW BUSINESS A. Consider Approval of Goals Required for Participation in the Livable Communities Act - City Manager Boyles stated that the Livable Communities Act requires Council to adopt a resolution of participation as the first step, and the second step requires that M120495 DOC 3 Minutes of the Prior Lake City Council December 4, 1995 before December 15 the City must approve written principals and goals regarding Livable Communities Program implementation. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO Livable APPROVE THE HOUSING GOALS AGREEMENT OF THE Communities METROPOLITAN LIVABLE COMMUNITIES ACT. Council wanted it noted for the record that this approval has been obtained under duress; that this act as mandated by the Metropolitan Council is not only mandatory, but it is punitive if the City doesn't adopt the agreement. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Consider Variance Appeal of Elmer Clarke Assistant Planner Deb Garross presented an overhead of the plat and discussed Mr. Clarke's request for a 28 foot lakeshore variance and a 7.0 foot side yard variance on the south to allow construction of a new house on the existing foundation of his previous house which was destroyed by a fire earlier this year. Ms. Garross noted that Mr. Clarke did receive a copy of the agenda report. Councilmember Kedrowski suggested that since Mr. Clarke was not present, perhaps the matter should be tabled. Mayor Andren asked if anyone else wanted to table the item; there being none, the discussion continued. The Planning Commission denied the variance on the basis that because Mr. Clarke also owned the other two lots immediately to the north he has other options. Staff recommended the variance be granted on the basis that "lots of record' are buildable. Mr. Clarke submitted an appeal to overturn the Planning Commission's decision on the basis that he considers the two northernmost of his lots not buildable and his intention is to combine the two lots. Lorraine and Kenneth Lillyblad, 16287 Lakeside Avenue, spoke in opposition to granting the variance and expressed concern over the driveway location and related safety issues. Discussion occurred regarding a five foot setback requirement for the driveway. Ms. Garross stated that Attorney Kessel gave the opinion that the City cannot require lots to be combined when assessments have been paid and levied against the property. MOTION BY GREENFIELD, SECOND BY SCOTT, TO TABLE Elmer THE VARIANCE, GRANT A 60 DAY EXTENSION AND DIRECT Clark M120495 DOC 4 Minutes of the Prior Lake City Council December 4, 1995 STAFF TO LOOK INTO THE SHORELAND MANAGEMENT Elmer ORDINANCE, ASSESS PUBLIC SAFETY ISSUES AND Clark OBTAIN A REASSESSMENT OF THE ATTORNEY'S INTERPRETATION OF SECTION 9.3 (B) (1) (e) OF THE ZONING ORDINANCE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. C. Consider Approval of Resolution 95-121 Denying Variance Appeal of Christopher Pearson. City Manager Boyles introduced the item. Chris Pearson, 43015 Windsong Circle, gave a brief history of his purchase of the property, and presented an overhead of the plat and proposed structure location. Mr. Pearson stated that the reason for building a one story home is that it blends in with the neighborhood better and does not block his neighbor's view of the lake. Mayor Andren noted for the record that a letter had been received from Ann and Harold Lohn in support of Mr. Pearson's variance request. Joe Wiese objected to a two story house, preferring instead the one story structure. Bob Norian, friend of Chris Pearson and real estate agent, stated that the proposed house would blend in with the neighborhood much better than a two story home. Discussion occurred regarding the lot size and ordinance criteria. Council concurred that due to the large lot size Mr. Pearson had other options and there is no hardship indicated in this case. MOTION BY SCOTT, SECOND BY ANDREN, ADOPTING Christopher RESOLUTION 95-121 DENYING THE VARIANCE APPEAL OF Pearson RS95-121 CHRISTOPHER PEARSON. Denial Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 9. OTHER BUSINESS A. Consent Agenda Item 4F, Consider Approval of Resolution 95-119 Recommending Preparation of a Feasibility Report for Northwood Road, CSAH 21, Lakefront Park and Street Seal Coating. Councilmember Greenfield requested clarification on the status of the easement right of way for Northwood Road. Public Works Director M120495 DOC 5 Minutes of the Prior Lake City Council December 4, 1995 Anderson stated that most of the easements have been obtained and they are working on the Jim Dunn property right-of-way now. A public hearing will be conducted at the Council meeting on January 16, 1996. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO ADOPT RESOLUTION 95-119 RECOMMENDING RS95-119 PREPARATION OF A FEASIBILITY REPORT FOR Feasibility NORTHWOOD ROAD, CSAH 21, LAKEFRONT PARK AND REport Northwood STREET SEAL COATING. Road Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. City Manager Boyles reviewed the December 1, Update memo. MOTION BY KEDROWSKI, SECOND BY SCHENCK, DIRECTING STAFF TO CONSIDER AN ORDINANCE FOR AVERAGING WITH THE PURPOSE TO GIVE CONSIDERATION TO LOTS WHICH ARE NARROW AT FRONT AND WIDER IN BACK. Upon a vote taken, ayes by Kedrowski and Schenck, nays by Andren, Greenfield and Scott, the motion failed. C. Don Rye announced that Pat Lynch will be sending a letter regarding the Shoreland Management Ordinance. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT There being ne further business the Council adjourned at 10:00 PM. The next regularly scheduled n~eeting will be City M~ a~er~ 7 Recording Secretary M120495 DOC 6