Loading...
HomeMy WebLinkAbout020794 RegularMINUTES OF THE CITY COUNCIL Monday, February 7, 1994 . . . . CALL TO ORDER - Acting Mayor Scott called the meeting of the Common Council to order on Monday, February 7, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Acting Mayor Scott Councilmembers, Greenfield and Schenck, City Manager Boyles, Planning Director Graser, Director of Public Works Anderson, Planning Intern Mitchell, Attorney Kessel and Recording Secretary Birch. Councilmember Kedrowski was absent due to being out of town. Mayor Andren was temporarily absent due to being at the High School delivering a proclamation but she arrived at 7:58 p.m. PLEDGE OF ALLEGIANCE - Acting Mayor Scott led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - MOTION BY SCHENCK, SECONDED BY GREENFIELD, TO APPROVE THE JANUARY 18, 1994 MINUTES AS SUBMITTED. Upon a vote taken, ayes by Scott, Greenfield and Schenck, the motion carried. CONSENT AGENDA: ao c. Consider Approval of Invoices To Be Paid. Consider Approval of Temporary 3.2 Liquor License for The Prior Lake Amateur Baseball Association. Consider Purchase of Open Meeting Law Defense Cost Insurance. Consider Approval of Ordinance 94-04 Amending Prior Lake City Code, Title 9, Chapter 3, "Public Waters" Affecting Surface Water Usage. Councilmember Schenck requested that item (d) be removed for discussion under "Other Business". MOTION BY GREENFIELD, SECONDED BY SCHENCK, TO APPROVE CONSENT AGENDA ITEMS (a) THRU (c) Upon a vote taken, ayes by Scott, Greenfield, and Schenck, the motion carried. Cotz~ e~ .~nvo.Lce~ Temp. ~_iq.' ~or Open ~eeting D~u~ De~e_n~e Co.~x OR 9~-0~ Public Cons en~ dgenda 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN ~L OPPORTUNITY EMPLOYER Prior Lake City Council Minutes February 7, 1994 . for the Echos First Addition. - Applicant John Andren addressed the Council and requested that his request for Final Plat consideration of the Echos First Addition be withdrawn due to the injunction brought by the Prindle family resulting in, a loss of the applicar~t's property rights. _ A short recess was called. The meeting was reconvened at:7:45 p.m. PUBLIC HEARINGS: 7:45 P.M. A. Conduct Public Hearing to Consider an Administrative Land Division and Variance Application for Brad and Tina King. Acting Mayor Scott called the public hearing to order and read the public notice which had been mailed to all affected property owners. A letter from Mr. and Mrs. Rollie Thieling opposing the land division and variance was entered into the record. City Manager Boyles noted that staff is recommending denial of the land division and referred to the arguments on page 4 of the staff report. Planning Intern Mitchell presented an overhead depicting the property and location of the proposed land division. Ms. Mitchell reviewed the history of the plat and discussed several aspects of the property including lack of access to CR 21, Shoreland Management requirements, and past decisions of Council on similar property. (Mayor Andren arrived at 7:58 p.m.) Planning Director Graser discussed the City Council's position on substandard lots of record. Applicants, Brad King and Tina,King, 4070 Wagon Bridge Circle, addressed the Council with regard to their request. Wayne Dyson, 4090 Wagon Bridge Circle, representing the Grainwood Circle Townhomes Association, spoke in opposition to the granting of a variance. Ted Martini, owner of the two properties at 15840 and 15850 Eagle Creek Avenue NE, spoke in support of staff recommendations and urged Council to consider a master plan for the whole Grainwood peninsula. Diane Sentryz, president of Prior Lake Marina and owner of lots 11, 14, 15 and 18 spoke in opposition to the lot split. Acting Mayor Scott asked if there were anymore comments. There being none, the public hearing was closed to further public input. Council discussion occurred with regard to staff's recommendations and the King's comments. MOTION BY ANDREN, SECONDED BY GREENFIELD TO DENY THE ADMINISTRATIVE LAND DIVISION AND VARIANCE APPLICATION OF BRAD AND TINA KING BASED ON STAFF'S THREE POINTS OF RECOMMENDATION AS FOLLOWS: . The variances and lot split do not observe the spirit and intent of the Subdivision and Zoning Ordinances and are inconsistent with precedent. The proposed tracts contain insufficient area and f.~ & Tina K~g Land O£vi~ion & Variance D~ni.o~ o~ Di.v. & V,~. -2- Prior Lake City Council Minutes February 7, 1994 width for newly subdivided lots within the Shoreland Management District. The Council has waived the minimum standards of the Zoning Code only in circumstances which improve and further shoreland management objectives. This application does not further those objectives and is therefore inconsistent with Council policy and directions. . The applicant has reasonable use of the site in a similar fashion as other lots within the neighborhood. There are no unique features with respect to the property which create a hardship for development. ,, The proposed split is in conflict with the purpose and intent of the Shoreland Regulations and would further perpetuate access problems. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. MOTION BY ANDREN, SECOND BY GREENFIELD, TO CLOSE THE PUBLIC HEARING Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. 7. OLD BUSINESS A. Consider Resolution 94-09 Denying the Preliminary Plat of Red Oaks Second Addition. City Manager Boyles reiterated the contingencies to the motion as approved by the Council on December 20. Mr. Boyles stated that he was in receipt of a letter from the applicant's attorney, Bryce Huemoeller, requesting the item be extended to March 7 with the rationale that he and Mr. Benedict would be meeting with the DNR to further discuss their decision on February 8. Mr. Boyles indicated that the staff report contains a letter from Pat Lynch dated February 2, 1994 in which he reiterates his December 14, 1993 finding that the water body is lakebed. In light of this fact, condition 3 of the December 20 motion fails and the remaining contingencies are moot. Mr. Huemoeller then addressed the Council to explain his request for an extension. Discussion occurred regarding the failure to meet contingencies set forth by Council on December 20, 1993. Councilmember Greenfield expressed concern over the second condition of the motion which had been proposed at the December 20 meeting which places the preliminary plat subject to the applicant's submitting proper variance "requests" and stated that he -3- Prior Lake City Council Minutes February 7, 1994 . feels uncomfortable with that condition being set forth and being continued since the vadance process requires certain conditions and not simply the placing of the request on file. Greenfield went ahead to state that the December 20 motion requires certain conditions being met by performance in lieu of or in addition to filing that request, thereby making it not only awkward but vague as far as it relates to conditions set forth in the Zoning Ordinance subparagraph 7.6 which deals with the variance process. Mayor Andren stated that the applicant is free to resubmit preliminary plat should the DNR change its position. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE RESOLUTION 94-09 TO DENY THE PRELIMINARY PLAT APPLICATION .OF MICHAEL BENEDICT FOR THE SUBDIVISION OF RED OAKS SECOND ADDITION SUBJECT TO THE FOLLOWING AMENDMENT TO THE RESOLUTION: that implementation of the second contingency would violate section 7.6 of the Prior Lake Zoning Ordinance. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. NEW BUSINESS A. Discussion of Appointments to the Prior Lake/Spring Lake Watershed District. City Manager Boyles discussed a letter he received from County Administrator Cliff McCann requesting the Prior Lake City Council to submit names of persons to serve as a representative for Prior Lake on the Prior Lake-Spring Lake Watershed District Board. Current incumbents are Jerry Meysembourg, representing Prior Lake, and Betty Kotek, representing Spring Lake, whose terms will expire on March 1. Other persons who have expressed an interest in serving are: Gibb Rowe, Michael Mankowski, Eric Davis and the incumbents. A short discussion occurred regarding the appointment. MOTION BY SCOTT, SECONDED BY GREENFIELD, TO RECOMMEND THE REAPPOINTMENT OF JERRY MEYSEMBOURG TO THE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT BOARD. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. B, City Manager's Performance Evaluation. City Manager Boyles discussed the performance evaluation summary which the Council previously approved and requested Council direction as to the process they preferred. City Manager Boyles discussed the procedure used by Brimeyer. Discussion occurred regarding the ~ 9~-o9 Pr~.b~. Pia,t ~rioa Lake Lake #/ater~Aed -4- Prior Lake City Council Minutes February 7, 1994 cost and process. Council concurred that they would use the services of Jim Brimeyer for 1994. 9. OTHER BUSINESS City Manager Boyles discussed County Assessor, Leroy Arnoldi's request to conduct a Board of Review meeting on Monday, May 16 at 8:00 p.m. Council concurred that this would be an acceptable date. Consent Agenda Item (d) - City Manager Boyles reviewed past actions of the Council with regard to the Water Sudace Management Ordinance and discussed the clarifications made by the City Attorney. Discussion occurred on the changes. Councilmember Schenck expressed concern regarding the 150 foot rule by state statute with regard to water skiing and the restrictions as they are applied. W~z~z~ O,~. Mayor Andren stated that the ordinance provides for a temporary permit for an exemption from the 150' from shore restriction for organizations such as the ski club see Section (3-4-C). Since Council had approved the ordinance at their January 18, 1994 meeting and placed on the consent agenda for the purpose of reviewing the City Attorney's revisions, no further action was necessary. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT MOTION BY GREENFIELD, SECONDED BY SCOTT TO ADJOURN THE MEETING. Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the motion carried. There being no further business the meeting,.~urned/et' 9:15 p.m. The next Council meeting will be TueS~i'a~, Fe, br~ary 2¢, 1994" ( / at 7:30 p.m. City Mar)~r ~ // Recording Secretary -5-