Loading...
HomeMy WebLinkAboutAgenda & Minutes '> ~ ,/ ../ AGENDA May 2, 1994 1. CALL TO ORDER ...............~........7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MINUTES 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Resolution 94-20 Approving Plans and Specifications and Authorization of Bids for Top Soil Sale from Waterfront Passage Business Office Park. c. Consider Increasing the Parking Fee for Boat Trailers at Sand Point Beach. d. Consider Approval of Contractual Agreement Between the City of Prior Lake and State of Minnesota, Department of Administration Building Codes and Standards Division. 5. PRESENTATIONS: 6. PUBLIC HEARINGS: 7. OLD BUSINESS :L 7~ A. Consider Approval of Resolution 94-21 Ordering Bids and Approving Plans and Specifications for Prior South Street Improvements (Project 94-01). B. Consider Approval of Resolutions 94-22 and 94-23 Declaring Costs To Be Assessed and Establishing An Assessment Hearing for Prior South Street Improvements (Project 94-01). '~oQ 8. NEW BUSINESS A. Consider Approval of Request by Scott Clements to Consolidate Preliminary and Final Plat of The Wilds "Sterling North." 3lL 9. OTHER BUSINESS 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A50294.WRT 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 A.N EOllAL OPPORTUNITY EMPLOYER - 1 MINUTES OF THE CITY COUNCIL Monday, April 18, 1994 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, April 4, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Kedrowski, Scott and Schenck, City Manager Boyles, Director of Planning Graser, Public Works Director Anderson, Acting 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 MINUTES OF PREVIOUS MEETING - The following amendments were made to the minutes: a) Page 1 - Call to Order - indicated Councilmember Kedrowski joined the meeting at 7:59 p.m., should be changed to 7:49 p.m. b) Page 4, third paragraph, third line: "We anticipate that this amount will be 8%"; should read: "We anticipate that this amount will be a minimum of 8%".' c) Page 8, first paragraph, first line: "Mayor Andren indicated that residents......" should read: "Mayor Andren indicated that according to a resident survey that the on umber one "ty " pnon ...... d) Page 8, first paragraph, sixth line: "Brandt parcel and another parcel".... should read: .Visions Eight parcel (now known as Carriage Hills Development) the Leo Vierling parcel and the Brandt parcel"... e) Page 8, first paragraph, line eight: 'The Planning Commission decided.... should read: "The Planning Commission recommended to the City Council that a study be conducted to....." 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN !'4YAL OPPORTUNITY EMPLOYER . '._"_'~".."__.w._._",~~__~.,.,...._._,-,.__._._.____,____,_____""~".~"~..,.,"",~,",........__,.~._~<..;...._....,....._,........"~,,..,"____'''__~_.........._........... ... . Prior Lake City Council Minutes April 4, 1994 ;, f) Page 8, line 13, .She recited that the land trade for "The Wilds and the fact that the Vierling parcel had been taken out, but that zoning had not changed". Should be changed to read: "She recited the land trade for The Wilds and the fact that the Vierling parcel had been taken out was entirely consistent with the Council's policy of diversifying the tax ~. g) Page 8, third paragraph, Motion by Kedrowski: The end of motion should be added: "Because it was consistent with the Comprehensive Plan." MOTION BY, GREENFIELD, SECONDED BY, KEDROWSKI, TO APPROVE THE MINUTES AS AMENDED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion passed unanimously. 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Warden Report c. Consider Approval of Building Permit Report d. Consider Approval of Fire & Rescue Report e. Consider Approval of Treasurer's Report f. Consider Approval of First Quarter Budget Report g. Consider Approval of Resolution 94-17 Denying the Comprehensive Plan Amendment and Resolution 94-18 Denying the Rezoning Application by Wensmann Realty for the Brandt Farm. h. Consider Approval of Cable Television Report MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE CONSENT AGENDA ITEMS (a) THRU (h) Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion passed unanimously. ---~- ---_.. ---.-- --------..-----.. ~- - -----.,---.----------- ----~-----_._,-. 5. PRESENTATIONS: - There were no presentations. 6. PUBLIC HEARINGS:- There were no public hearings. 7. OLD BUSINESS A. Continuation of Council Consideration of Administrative land Division for John Simpson, 3437 Sycamore Trail - City Manager Boyles gave a brief synopsis of previous actions taken to date, and turned the meeting over to Planning Director Graser who presented -2- v_.. ._~,-.,.....-" ........,...-... .----"-...-....-"__~,~__.'""_.,.~_.....~._.,.,,.._...~.., ,_._.~.._"".__........."'-'._.......,..._" ., _.,,,,,... ....,_......_m"...__~"..,.,....,_. ...-.-w-_........----........_....... ,. . Prior Lake City Council Minutes April 4, 1994 an overhead of parcels A and B and discussed details of the proposed lot split which had been presented on March 21. Mr. Graser then reviewed the concerns of the neighborhood with regard to increased traffic, unsafe location for the driveway, depreciation of property values, overloaded streets, inadequate sewer and water management thereby creating additional drainage as a result of the development. Mr. Graser displayed a sketch of a revised proposal for the dwelling and discussed the history of the Maplewood development which was annexed by Prior Lake in 1973. Gary Dietjen, 3469 Sycamore Trail, addressed the Council regarding events surrounding the land adjacent to his lot, the maple tree, retaining walls and possible devaluation of his home. Wes Mader, 3470 Sycamore Trail - Expressed the opinion regarding lot splits and their benefit to everyone concerned and not just the individual landowner. His objections were with regard to problems created by the narrow street with a sharp turn to the right, elevation of property, privately maintained street on which construction equipment will degrade the road and adjacent property owners would have to assume cost of repair, displacement of grass with blacktop and building would contribute to runoff problem and accelerate the erosion problem. Eve Eichten, 3406 Sycamore Trail - Expressed additional concem with regard to drainage problems. Matthew Prettymann, 3432 Sycamore Trail, - distributed a letter from a neighbor, Dave Johnston, 3415 Sycamore Trail, and discussed material which he had handed out previously and stated that the Council had several reasons for denial of the request: Mr. Simpson does not have 100% consent from property owners on the private street and stated that there are cases supporting that the City has no jurisdiction over private roads and recited City Code Section - 6-6-4- A states: "The location of all lots shall have frontage on a publicly dedicated street or a street that has received legal status except that lots in Planned Unit Developments may have frontage on a private road or street. Frontage on a street shall be measured at the set back line." Mr. Prettyman further discussed the lack of approval from the private street owners. John Simpson, addressed the Council regarding his proposal. Discussion occurred by Council regarding the request and the issue of private roads and Council's jurisdiction over them. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO DENY THE REQUEST FOR AN ADMINISTRATIVE LOT SPLIT DUE TO THE CONFLICT INDICATED IN CITY CODE TITLE SECTION 6-6-4 A. -3- ,- ._._.~_...........""-._,~-_...." ~"..., ._,-., -~",~.,.,.._,,,,...._,",..._._,~,~-,,,.- T .. Prior Lake City Council Minutes April 4, 1994 Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. A short recess was called. The meeting reconvened at 8:50 B. Consider Approval of Assignment and Assumption of Development Agreement between the City of Prior Lake and Argus Development, Inc. - City Manager Boyles introduced the item and discussed details of the agreement, and asked Council to clarify whether future development agreements should provide for this type of transfer through the City Council (which is the present method) or could that responsibility be delegated to the City Manager. Attorney Rathke stated that in his opinion only the City Council can bind the city to a contract. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO A APPROVE THE ASSIGNMENT AND ASSUMPTION OF THE DEVELOPMENT AGREEMENT OF HIDDEN VIEW PLAT BETWEEN THE CITY OF PRIOR LAKE AND ARGUS DEVELOPMENT TO THE CITY AND D.R. HORTON, INC., CONTINGENT UPON REVIEW AND APPROVAL OF THE ASSIGNMENT AND ASSUMPTION OF AGREEMENT BETWEEN ARGUS DEVELOPMENT, INC, AND D.R. HORTON, INC BY THE CITY ATTORNEY, AND CONTINGENT UPON THE REVIEW AND APPROVAL OF THE LETTER OF CREDIT FROM D. R. HORTON, INC. TO THE CITY OF PRIOR LAKE BY THE CITY ATTORNEY. (*SECURED BY A LETTER OF CREDIT IN THE AMOUNT OF $41,690.75) * A friendly amendment by Scott to add the amount of the letter of credit which is $41,690.75 to the motion was accepted by Councilmember Kedrowski. A short discussion occurred regarding details of the motion and whether the dollar amount of the letter of credit should be mentioned. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried:- _,H ._- ___M .___U, --'" -~-'" . - . ..... MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, THAT THE CITY ATTORNEY RENDER AN OPINION AS TO WHETHER THE COUNCIL IS ABDICATING THEIR RESPONSIBILITY BY ALLOWING THE CITY MANAGER TO APPROVE THE TRANSFER OF SIMILAR ASSIGNMENTS AND AGREEMENTS. Councilmembers Kedrowski and Greenfield withdrew the motion and Council concurred that items of this nature should be placed on the consent agenda in the future. -4- IT Prior Lake City Council Minutes April 4, 1994 8. NEW BUSINESS A. Consider Ordinance 94-08 and Resolution 94-19 Approving the Rezoning and Comprehensive Plan Amendment for New Century Construction - Planning Director Graser presented a map depicting the location of the bowling alley and gave a brief historical synopsis of the traffic pattern in the area, and discussed existing zoning of the surrounding property, elements of the comprehensive plan amendment and long term use for the facility. Discussion occurred regarding taxes on the property, plans for repaving of the west portion of Tower Street and the School District's plans for long term use of the property. Superintendent Sonnabend stated his opinion as to the future use which could be as a community services building. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO APPROVE ORDINANCE 94-08 AMENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND PRIOR LAKE ZONING ORDINANCE 83-6, SECTION 2.1. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-19 AMENDING THE LAND USE MAP OF THE YEAR 2000 COMPREHENSIVE PLAN TO REDESIGNATE THE PROPERTY FROM COMMERCIAL TO HIGH DENSITY RESIDENTIAL LAND USE SUBJECT TO APPROVAL OF THE METROPOLITAN COUNCIL. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Consider Ordinance 94-09 Amending the Zoning Ordinance to Incorporate Lot Size, Width and PUD Changes - City Manager Boyles discussed previous actions by the Planning Commission and turned the meeting over to Planner Graser who reviewed the direction given by the City Council to revise the zoning ordinance for the purpose of inC?reasing lo!~izes fro~ 10,000 feet to 12,000 feet. Mr. Graser reviewed the eight items that were discussed at the public hearings which were held to consider amendments to the Prior Lake Zoning Ordinance, and discussed the results of both the hearings and surveys of surrounding communities. Discussion occurred regarding the following: The impact of this ordinance on the fee schedule, deleting the provision establishing minimum lot size within a PUD, increasing cul-de-sac lot sizes, setbacks from County roads, and the consideration of alternative zoning for increasing a higher minimum lot size for high amenity sites. -5- -"....._~~,'--~<.---~_.~._--~.--.....-"--,..._"_._-_....,-~-~....,,-~..._"'~".--.""..,._."_.._..".,..."'_.._-----..,,,......,, _._.~......."..........-- , .' Prior Lake City Council Minutes April 4, 1994 The meeting was opened for public comment. The following residents addressed the Council: Marianne Whiting - 14872 Manitou Road - inquired whether the City is categorizing amenities of land that may be annexed into Prior lake in the future and stated that the Planning Commission had suggested a variety of lot sizes be included in developments consisting of three different zoning designations: R-1 (R-1A minimum 12,500) and R-1B to minimize environmental destruction (15,000 mininimum) and suggested that Council consider having the Planning Commission look into whether or not categorization of lot sizes would be feasible. Mayor Andren suggested that when the Comprehensive Plan is reviewed, the Planning Commission could look at this issue. Council concurred. Ms. Whiting stated that the Citizen's Forum members were pleased to see so many of their ideas being adopted and thanked the City Council, Planning Department and Planning Commission for their willingness to look at their ideas and integrate them into the zoning ordinance. Matthew Prettyman, 3443 Sycamore Trail, inquired about the lot size change and if the minimum was 12,000 feet. He was assured that the minimum was 12,000 feet. Council concurred with the deletion of Section III, 4-b of Ordinance 94-09 which reads: All single family detached home lots in the Planned Unit Development shall have a minimum lot size of 10,000 square feet and a minimum lot width of 80 feet (measured at the front yard setback).1I MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE ORDINANCE 94-09 AMENDING PRIOR LAKE CITY CODE TITLE 5 AND ZONING ORDINANCE 83-6 AND AS AMENDED BY THE DELETION OF SECTION 11I- 4 . b. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Council members- expressed appreciation to staff-membersand. the Planning Commission for their work on this issue. Mayor Andren also thanked the Citizen's Task Force for spending considerable number of hours on the amendments. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO DIRECT STAFF TO AMEND AND ANALYZE THE FEE SCHEDULE AS NECESSARY TO REFLECT THE CHANGES IN ZONING. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. -6- "''"''~----------''",....,......,._-..,~".., ..". _,~"_.b^'....~,..,......_...._"_"..........,"."""_.~""",, l' .' Prior Lake City Council Minutes April 4, 1994 MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO HAVE STAFF RE-EVALUATE SETBACKS FROM COUNTY ROADS TO REFLECT THE WIDTH CHANGE AS STATED IN ORDINANCE 94-09. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO DIRECT THE PLANNING COMMISSION TO STUDY THE ISSUE AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL ON THE USE OF A VARIETY OF LOT SIZES IN RESIDENTIAL ZONES WITH AN UPDATE WITHIN THE NEXT 90 DAYS. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. A short recess was called. The meeting reconvened at 10:05 p.m. C. Consider Whether Private Roads Should Continue to be Allowed Under the Terms of the Subdivision Ordinance - Council concurred that this is an excellent suggestion. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO CLARIFY THE SUBDIVISION ZONING ORDINANCE SO THAT PRIVATE ROADS WILL ONLY, UNDER CERTAIN CONDITIONS, BE ALLOWED IN PLANNED UNIT DEVELOPMENT ALONG WITH THE STANDARDS RECOMMENDED BY CITY ENGINEER. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. D. Consider Amendment or Revocation of Architectural Design Ordinance - City Code, Section 4-7-1 - Council concurred that this item be referred back to staff for further clarification. 9. OTHER BUSINESS A. Consider Waiver of Fee for S1. Michael's Outdoor ConcerLPermit. ,..".. .. for Aprilfest Days on April 30, 1994 - Mayor Andren raised the issue that the application for the permit stated that the band would play at 80 decibels, but that the ordinances requires a maximum of 65 decibels at a distance of 100 feet and directed staff to convey this information and furnish S1. Michael's with a copy of the outdoor concert ordinance for future reference. -7- -""~-'~-~"'"~'<<"'--""~'-"'-="-+-'-'~" ',."', ""-,-"",",, ..,,-"--......--...,.-"'"".,""-... " ,-~._... ,','-,,' ,,"",._~",,--_..~,-,,_., .... ""-_.~-'.''''''''~-~~'_"~,,,,~," , -. Prior Lake City Council Minutes April 4, 1994 MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE WAIVER OF FEE FOR ST. MICHAEL'S APRILFEST OUTDOOR CONCERT. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 10. ANNOUNCEMENTS/CORRESPONDENCE City Manager Boyles discussed the invitation by the Shakopee Mdewakanton Dakota Community's media center event. Councilmember Schenck will be attending the Unity Day rally held by the LMC on April 21 at the State Capitol. City Manager Boyles announced that the National Day of Prayer would be held on May 5 on the front lawn of City Hall. City Manager Boyles briefly reviewed highlights of his Council Update letter dated April 15, 1994. Councilmember Kedrowski stated that he has asked staff to look into County Road 83 plans. Councilmember Greenfield inquired as to the status of the old policy statements. City Manager Boyles is handling this item. Greenfield also requested information as to the status of the evaluation for water quality of ponds by the Parks Department and grant sources for funding future park related facilities. Staff to handle this. 11. ADJOURNMENT MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO ADJOURN THE MEETING There being no further business, the meeting adjoum..eG- at 1 (f.$0 p.m. The next Council meeting will be Monday, May 2, t~3 ~t ~O P.t.' -jU ~ y City M,artag ). .'---- "jJ~ ~ Recording Secretary M41894WRT -8- .' ......~"..~.^'-^~--....."-''''''''''--,''''"-,..~...~,_.._,,'''''''''""...,~..,'''~.-.._"''-,.........-..-..-.. ..