Loading...
HomeMy WebLinkAboutAgenda & Minutes OPEN FORUM - 7:00 P.M. REGULAR COUNCIL MEETING AGENDA Date: November 18, 1996 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 Animal Warden Report for October. B. Consider Approval of Building Permit Report. C. Consider Approval of Invoices to be Paid. D. Consider Approval of Treasurer Report 5. PRESENTATIONS: A. 6. PUBLIC HEARINGS: A. 7. OLD BUSINESS: A. Consider Approval of Report on the Background of the Required Crosswalk Delineation on Five Hawks Avenue in Westbury Ponds 8. NEW BUSINESS: A. Consider Approval of City Position with Respect to Proposed Metropolitan Council Growth Management Strategy. B. Consider Approval of Ordinance 96-XX amending the Zoning Ordinance and City Code pertaining to the definition of impervious surface. C. Consider Approval of Ordinance 96-XX amending the zoning ordinance and City Code to allow a five foot sideyard setback for existing Residential Structures in the R-l and R-2 Zoning Districts. D. Consider Appeal of Hillcrest Homes, Inc. from a decision of the Zoning Officer relating to setback averaging. 111896.DOC E. Consider Appeal of Dave Smith from a decision of the Zoning Officer relating to setback averaging. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT II I 896. DOC MINUTES OF THE PRIOR LAKE CITY COUNCIL Date: November 4, 1996 1. CALL TO ORDER: The Mayor called the meeting to order at 7:30 p.m.. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, and Schenck, City Attorney Pace, City Manager Boyles, Assistant City Manager Tremere, Planning Director Rye, Planning Coordinator Kansier, and Recording Secretary Koch. Councilmember Mader was absent. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: The following changes to the October 21 minutes were noted: On page 2, Mader voted no on the variance appeal. On page 5, 2nd paragraph from bottom should read "City Manager said staff is currently working on...". On page 3, "budget will be authorized by EDA and sent to CC for approval or adjustment at Truth in Taxation." On page 3, 2nd note on page 3, should add "adopt bylaws as amended. " MOTION GREENFIELD SECOND KEDROWSKI TO ADOPT MINUTES AS AMENDED. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. 5. PRESENTATIONS: A. Proclamation proclaiming November 3 - 9 as Youth Appreciation Week: The Mayor read the Proclamation, proclaiming the second week of November as Youth Appreciation Week. 6. PUBLIC HEARINGS: 16200 iiag~.Qbfeek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER A. There were no Public Hearings. 7. OLD BUSINESS: A. Consider Approval of City Council Minute Taking Revisions: . The City Manager introduced the issue of Minute-Taking Revisions. He said that the Council may wish to consider adopting a more complete set of minutes. . Councilmember Greenfield concurred that the minutes need to be detailed in the interests of record-keeping. MOTION KEDROWSKI SECOND SCHENCK TO HAVE CITY COUNCIL MINUTES REFLECT A MORE DETAILED SUMMARY OF THE MEETING. Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, the motion carried. . There was discussion on publishing the minutes. The City no longer publishes minutes because of the high cost. Pursuant to state law, they are available at no cost at City Hall or can be received by subscription . 8. NEW BUSINESS: A. Consider Approval of Resolution 96-106 Adopting Standardized Water Tower Antennae Agreement. . City Manager Boyles reviewed the agenda report, explaining that there will be a standardized agreement for different companies' uses of public property. This agreement does not affect the two lease agreements presently in force but would apply to all future agreements. He also noted that the Resolution authorizing the use of the standard agreement also allows staff execution of the agreement if the final document is consistent with the standardized contract. MOTION KEDROWSKI SECOND SCHENCK TO ADOPT 96-106, STANDARDIZED W ATERTOWER / ANTENNAE AGREEMENT. . Councilmember Greenfield asked about page 3, section F, that says "...company should take all steps necessary to prevent liens." . City Attorney Pace explained the indemnification provision, that protects the City and vendors. She said the City owns the property, and no one can put a lien on it. . Mayor Andren called the question. MN11496.DOC 2 : Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. B. Consider Approval of Resolution 96-108 Denying an Appeal by Maris Stolcers of the Decision of the Planning Commission to Deny a Variance. . Planning Director Rye explained that in August the Planning Commission held a Public Hearing on a variance request to allow construction of a lOx 20 foot house addition. The Planning Commission considered the item, and prepared 96-26 PC, a resolution of denial, because reasonable use of the property could be obtained, there was no demonstrable hardship, and legal alternatives were available. The staff recommendation is that the City Council uphold the findings of the Planning Commission and adopt Resolution 96-108 denying the requested variance. . Mayor Andren recognized Maris Sto1cers. He felt that the terms were very subjective, and that in a previous hearing, he submitted numerous photos of those decks which were not in noncompliance with the 75 foot setback. He wanted to know where he could go from here in the appeal process. . City Attorney Pace indicated that he could pursue this in the courts if he wanted to, but would have to show that the City acted arbitrarily and capriciously. . Councilmember Kedrowski said that he would not support a zero setback from the lake. . Councilmember Schenck concurred. . City Attorney Pace explained that there was no hardship because there was already reasonable use of the property. . Councilmember Greenfield said he would not support the appeal, since he thought it was not safe. . Mayor Andren said she agreed with the DNR, that this was counter to the intent of Shoreland zoning. MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE RESOLUTION 96-108 DENYING A VARIANCE APPEAL BY MARIS STOLCERS. Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, the motion carried. C. Consider Approval of Ordinance 96-26, Rezoning 27 Acres from the A-I and C-I Districts to the R -I District. MNI1496.DOC 3 MNI1496.DOC . Planning Director Rye reviewed the agenda report. He explained the purpose of the zone change to R-l would be to provide for future plans for development. The Planning Commission recommended approval of Ordinance 96-26. . Councilmembers Kedrowski, Greenfield, and Schenck concurred support of the ordinance. . The Mayor mentioned a noise concern of a resident evidenced in the minutes of the Public Hearing. . Planning Director Rye explained that the resident wanted to know if as part of this area development, the noise issue in the resident's area could be dealt with. He said they couldn't really tie the two issues together (the zoning change and the noise issue). The road concerned is County Road 82, so any noise mitigation would have to do with the County. It was suggested that he contact the County first. MOTION BY KEDROWSKI SECONDED BY GREENFIELD TO APPROVE ORDINANCE 96-26, REZONING 27 ACRES FROM A-I AND C-l TO R-l DISTRICT. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. D. Consider Approval of Resolution 96-107 Amending the Preliminary Plat for Eagle Villas from a Density of 40 Units to a density of 45 units. . City Manager Boyles reviewed the agenda report. Grading costs were higher than anticipated, necessitating an increase in buildings by the developer. An issue of storm water costs is included as one of the issues. The revisions in 96-107 were recommended for adoption by the City Council. . Planning Coordinator Kansier explained that a preliminary plat was adopted in the spring with resolution 96-56 having several conditions, one which adopted grading, and utility plans that showed 40 units on the site. The developer wanted to add five units, so the grading plan was revised to show 45 units. This change in units affected the grading of the property. Additional utility connections will be needed. The zoning requirements have been met and the engineering concerns are addressed in Resolution 96-107. . Councilmember Greenfield asked for clarification on the wetland setbacks. . Planning Coordinator Kansier explained that there were four buildings three adjacent to the creek. There have been improvements to stream, and it is no longer considered a wetland, so setback is not a factor. There is a 4 MNI1496.DOC single unit that is too close to a wetland; there is a variance procedure in the subdivision ordinance for which there would have to be an application. . Councilmember Greenfield said that there would be a problem with one unit if the additional five units were approved and a variance not granted for the unit too close to the stream. . Councilmember Kedrowski asked the developer John Messenbrink about the cost. Messenbrink explained that the fill was what drove the cost of grading up, and they were trying to increase the development density to that allowed in zoning. The unit cost was between $158-$162,000. . Mr. Messenbrink explained that there was fifty feet of storm sewer to be added, and the developer was to pay $4,600 for it. He said he disagreed with this. . Mayor Andren explained that a variance decision had not been made, and it was possible that one may not be granted, which would then yield only 44 units. . Councilmember Kedrowski asked Assistant City Engineer Wingard about the storm sewer. He said there was a lot of discussion on where to stop the 48 inch culvert on the north side of the creek. Some staff felt it would be appropriate to extend the pipe up to the back of the lots to flatten the area; it would add about $4,600. That is why they went back to original plan. He said that at plan time, the units were spread out more, so there was more room to get the grading to work. Now, the unit on the west side is close to the storm sewer line: 10 or 15 feet away. Staff believes that it would be best to extend that line to the back yard area where that unit would be. . Councilmember Kedrowski asked if City normally paid for storm sewer. . Assistant City Engineer Wingard said the City normally pays for it, but on this project the developer's agreement was already executed. The developer is willing to hire a contractor to extend it, but the question is who will pay for it? The City could ask the developer to pay for it, split the cost, or revalue the developer's agreement. . There was a question of whether a storm sewer was needed. It was determined that it was needed more now with four more units added. . Mayor Andren asked whether it was a public or private interest that required the addition of the storm sewer. . Councilmember Kedrowski asked if it was always policy for the City to pick up the cost of the storm sewer. Assistant City Engineer Wingard explained that the Developer's Agreement covered the costs of storm sewer. 5 . Mayor Andren said that, according to the developer, the primary purpose of 45 units was to recover grading costs. She thought it was not in the public interest, just in private interest, so it should be the developer who pays the cost of the added storm sewer. . City Attorney Pace asked if there were two different ways to design the storm sewer. City Engineer Wingard said there were other options; slope or retaining wall, but the pipe is the best option. . Mayor Andren read from the staff report regarding the issue. The cost to extend was to be absorbed by the developer if the extra units were approved. . Councilmember Greenfield asked what number of units it was, and wanted to confirm that approving the resolution did not tie the City to a site plan or variances required by the developer. MOTION BY KEDROWSKI SECOND BY GREENFIELD TO ADOPT RESOLUTION 96-107 MOTION BY ANDREN SECOND BY KEDROWSKI TO AMEND RESOLUTION 96-107, UNDER #1, IT SHOULD READ "THE DEVELOPER WILL BE RESPONSIBLE FOR THE COST OF EXTENDING THE 48 INCH STORM SEWER LINE NORTH OF PRIORWOOD STREET TO ALLOW THE CONSTRUCTION OF AN ADDITIONAL UNIT. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the amendment carried. Mayor Andren called the question on resolution 96-107. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the resolution was adopted. E. Consider Approval of Notes on October 25 City Council Workshop. . City Manager Boyles reviewed the agenda report and the alternatives. He asked whether the notes accurately reflected the workshop and suggested that the Council may wish to approve them. MOTION BY GREENFIELD SECOND BY KEDROWSKI TO APPROVE THE NOTES OF THE OCTOBER 25 CITY COUNCIL WORKSHOP. Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, the motion carried. MNI1496.DOC 6 . Mayor Andren suggested that the City Manager suggest alternate dates for the City Council workshop at the November 18 meeting. 9. OTHER BUSINESS: A. Councilmember Schenck discussed City Council elections possibly coinciding with presidential elections. . City Manager Boyles mentioned that there was a cost savings by doing that but there were also concerns that local issues and candidates would get lost or overwhelmed by the State and National Elections. B. Purchase policy guidelines. MOTION KEDROWSKI SECOND SCHENCK THAT THE PURCHASE POLICY GUIDELINES BE ADOPTED BY THE CITY COUNCIL AND THE STAFF DIRECTED TO AMEND THE GUIDELINES SO THAT METHODS FOR BIDDING INCLUDE STATE STATUTES AND ALLOW STAFF TO HAVE DISCRETION ON HOW PROJECTS ARE BID TO ALLOW BEST VALUE FOR THE DOLLAR. There was discussion on bidding. City Manager Boyles said there were strict statutory guidelines for purchasing. The guidelines are intended to clarify Statute and City Ordinance for City employees conducting purchasing. Mayor Andren called the question. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. 10. ANNOUNCEMENTS/CORRESPONDENCE . Councilmember Kedrowski said the Annexation subcommittee would have their report to City Council by the second meeting in December. . City Manager Boyles said in the Update, there was an annexation request by the City of Savage. Typically, Cities are divided down the center line of a roadway or right of way. Along State Highway 13, the boundary is on the east side of the road and along CSAH 42 the border is on the north side of the road. Savage is suggesting that City Council may wish to divide the property along the center line of the roadway. . There was discussion on whether that gives Prior Lake control of its access points. MSA funding is also an issue. It was decided that this should be further researched by the staff. MNI1496.DOC 7 MNI1496.DOC . City Manager Boyles mentioned the issue of Centennial Bricks, and that it was Parks and Recreation Director Hokeness' suggestion that they be discontinued. MOTION KEDROWSKI, SECOND SCHENCK TO DISCONTINUE THE SALE OF CENTENNIAL BRICKS PER THE STAFF RECOMMENDATION.. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. MOTION GREENFIELD SECOND SCHENCK TO ADJOURN THE MEETING. . The Mayor recognized Leroy Helmbrecht from 5750 Fulbright Circle. He discussed a building permit for rebuilding or expanding a deck which was originally built in 1980. He said the City told him that he lives within 1,000 feet of the lake, so a Certificate of survey was required. He felt he did not need this certificate of survey. He wants to expand the deck instead of replace it because the posts need to be placed outside the cement patio so that they don't rot. He has not applied for a building permit because of the required survey for being within 1,000 feet of the lake. Mr. Helmbrecht maintains that his property is not within 1,000 feet of the lake. He said there are seven lots between his property and the lake, and that is over 1,000 feet. . City Manager Boyles said the issue of whether a Certificate of Survey should be required when a deck is replaced had been before the Council. He said deck replacements could be made without a Certificate of Survey, except in Shoreland District, which is defined as within 1,000 feet of the lakeshore. . Mayor Andren said the Shoreland Management Regulations mandate 1,000 feet. Whether it was the lot line from the high watermark or the house, the Shoreland management ordinance would have to be researched. She clarified that Mr. Helmbrecht wanted it verified whether or not he was within the 1,000 feet. . City Manager Boyles asked if there was any documentation at City Hall regarding the property. Mr. Helmbrecht explained he owned lot 25, block one Oak Ridge Court. . Councilmember Kedrowski explained the Staff needs the survey so that they can determine setbacks, etc. from the line. He is altering the structure, so he needs to get a survey. . It was agreed that City Manager Boyles will check on the ordinance, to see if a survey and building permit are needed, and he will get back to Mr. Helmbrecht. 8 · Mayor Andren explained that if a deck was to be expanded or added to, then a survey was needed regardless of whether it was in Shoreland District or not. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. The meeting adjourned at 9:00 p.m. 11. ADJOURNMENT Recording Secretary MNI1496.DOC 9