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HomeMy WebLinkAbout031797 Regular7:00 p.m. FORUM MINUTES OF THE PRIOR LAKE CITY COUNCIL Date: March 17, 1997 CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader, and Schenck, City Attorneys Pace and Brokl, City Manager Boyles, Assistant City Manager Tremere, Planning Director Rye, Planning Coordinator Kansier, Public Works Director Ilkka, and Executive Secretary Oden. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: Councilmember Mader said he was not sure about all the motions, if they were correct or not. He said the motion for staff to meet with Mr. Michaels was made by Mader and seconded by Kedrowski and there was nothing in the motion about meeting with Mr. Michael's attorney. Resolution 97-15 "as revised by staff", should have the exact words of what was changed. On page 6, there was a motion approving the Windstar Addition there should be exact wording of the language developed by the staff and City Attorney which went into the resolution. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE THE MINUTES OF THE MARCH 3, 1997 CITY COUNCIL MEETING AS AMENDED. Upon a vote, ayes by Kedrowski, Mader, and Schenck, abstentions by Greenfield and Andren, the motion carded. 4. CONSENT AGENDA: A. Consider Approval B. Consider Approval C. Consider Approval D. Consider Approval E. Consider Approval F. Consider Approval G. of Invoices to be Paid. of Treasurer's Report. of Animal Warden Report for February, 1997. of Fire Call Report for February, 1997 of 1996 Variance Summary Report. of 1996 Annual Building Report. Consider Approval of Preliminary 1996 Fourth Quarter Budget Report and Overview H. Consider Approval of Recommendation for Appointment of Prior Lake / Spring Lake 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 MARCH 17, 1997 CITY COUNCIL MEETING Lo Watershed District Manager Representing Prior Lake. Consider Approval of Building Permit Report for February, 1997 Consider Approval of Revised Purchasing Policy Guidelines. Consider Approval of Authorization of Advance of Annual Levy to Minnesota Valley Transit Authority (MVTA). Consider Approval of 1996 Planned Unit Development Status Report. Councilmember Mader requested the removal of items A, E, G, H, J, K from the Consent Agenda for discussion. MOTION BY KEDROWSKI, SECOND BY MADER TO APPROVE ITEMS B,C,D,F, I, L OF THE CONSENT AGENDA. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. Item 4A) Consider Approval of Invoices to be Paid: Councilmember Mader asked for clarification of some of the invoice items. He said there were a number of items of fairly significant dollar amounts that were not being explained. He asked about a Star and Tribune expenditure of $4,000. Assistant City Manager Tremere explained it was for employment ads. Councilmember Mader asked about the Ameridata expenditure; he wanted to know what it was for. Assistant City Manager Tremere explained it was for computer equipment. Councilmember Mader asked about AVW group; he wanted to know what it was. City Manager Boyles explained that it was for an audio visual equipment firm for advanced audio visual equipment for the Council Chambers. Councilmember Mader asked about the $1,243.95 charge for the parks. He wanted to know what this was for. City Manager Boyles explained the charge was for restroom enclosures. MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE CONSENT AGENDA ITEM 4A, INVOICES TO BE PAID. Councilmember Greenfield said he appreciates that Councilmember Mader is concerned and asking questions, but that Councilmember Mader should ask clarification questions of staff before the meeting in the interest of time and efficiency. Invoices 31797.DOC 2 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING Councilmember Mader said that he interpreted fi.om the Bylaws changes that he should not contact staff members directly, but should go through the City Manager, and the City Manager was difficult to reach. Mayor Andren said if a Councilmember is having difficulty communicating with staff, then that could be addressed through the City Manager or the City Council. She said administrative details such as this could be clarified ahead of time, so that half an hour of time of the citizens and the Council was not wasted. Councilmember Mader said that he has not taken a half hour, and more time has been taken complaining about him asking the questions than him actually asking the questions. · Councilmember Kedrowski said there was a question on table. · Mayor Andren called the question. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. Item 4E) Consider Approval of 1996 Variance Summary Report: Councilmember Mader asked about variance hardship standards, and asked for a clarification. Planning Director Rye said before 1995, the variance criteria spelled out in the ordinance were not always followed. Councilmember Mader asked if that meant if it was more subjective up until 1995, and now was used more literally. Planning Director Rye said since 1995, the staff and Planning Commission were adhering more closely to the ordinance. MOTION BY MADER SECOND APPROVE ITEM 4E OF THE CONSIDER APPROVAL OF 1996 REPORT. BY KEDROWSKI TO CONSENT AGENDA, VARIANCE SUMMARY Variance Summary Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. Item 4G) Consider Approval of 1996 Fourth Quarter Budget Report and Overview: 96 4th Quarter Budget Report 31797.DOC 3 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING Councilmember Mader said the fourth quarter budget report should not be considered as a routine item. He asked about the second page of the report, where there was a $24,000 expenditure, and asked if it was for the consultant. City Manager Boyles said yes. Councilmember Mader asked about the fifth bullet item, and additional labor services. City Manager Boyles said it was for the labor attorney. Councilmember Mader asked about Data Processing totals, where there was an additional $7,500 purchasing, which was ordered but not yet received. Assistant City Manager Tremere said it was back-ordered through the manufacturer and had not yet arrived. Councilmember Mader said that they were on a cash flow basis, which should mean goods and services are paid for as they are received. He asked about outstanding encumbrances, and the expenditure summary on the following page. He said one of the issues they had talked about was that expenditures were incurred when the bills were paid, and the budget showed it in a way that it was reserve. MOTION MADER SECOND KEDROWSKI TO APPROVE ITEM 4G, CONSIDER APPROVAL OF FOURTH QUARTER BUDGET REPORT AND OVERVIEW. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carded. Item 4H) Appointment of a Prior Lake / Spring Lake Watershed District Manager Representing Prior Lake: Councilmember Mader asked if they had contacted County Commissioner Barb Marschall to see if she had any candidates. City Manager Boyles said she was awaiting the City's recommendation. Watershed Appointment MOTION BY MADER, SECOND BY KEDROWSKI TO APPROVE CONSENT AGENDA ITEM 4H, APPOINTMENT OF A PRIOR LAKE / SPRING LAKE WATERSHED DISTRICT MANAGER REPRESENTING PRIOR LAKE. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carded. Purchasing Item 4J) Consider Approval of Revised Purchasing Policy Policy Guidelines: Guidelines. 31797.DOC 4 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING Councilmember Mader said this alters the level of authorization, and he has a problem with that. He said the purpose of purchasing guidelines was to make sure there was control of spending, which should be with the City Manager and then the City Council. He said with the size of the small City, it was important that the City Manager be a hands on manager, and that making purchases up to $2,500 without City Manager approval was too much. He said the City Manager should be more involved in purchase authorizations. MOTION BY MADER TO MODIFY PURCHASING POLICY GUIDELINES TO CHANGE CITY MANAGER AUTHORIZATION NECESSARY TO AMOUNTS OVER $1,000 RATHER THAN $2,500. The motion failed for lack of a second. MOTION ANDREN, SECOND KEDROWSKI TO APPROVE CONSENT AGENDA ITEM 4J, CONSIDER APPROVAL OF REVISED PURCHASING POLICY GUIDELINES. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carded. Item 4K) Consider Approval of Authorization of Advance of Annual Levy to Minnesota Valley Transit Authority (MVTA). Councilmember Mader asked if the MVTA had previously been advanced funds by the Metropolitan Council. Councilmember Kedrowski said last year legislation was passed to allow transit services to collect taxes on their own. He said the Met Council previously advanced this money to transit authorities, and now is not. Councilmember Mader asked whether the City will charge interest on the advanced funds. · City Manager Boyles said yes. Councilmember Mader said there was nothing in the agreement about a specific interest rate. He wanted to know what interest rate the City would charge. City Manager Boyles said the agreement could be amended to include charging interest, .and if Councilmember Mader had more questions on the interest rate, Finance Director Teschner could answer them. Advance Levy-MVTA 31797.DOC 5 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING · Councilmember Mader asked if other cities were going along with the agreement. Councilmember Kedrowski said yes, they were. He questioned why interest should be charged since the funds all come from taxpayers. MOTION MADER SECOND KEDROWSKI TO APPROVE CONSENT AGENDA ITEM 4J, CONSIDER APPROVAL OF AUTHORIZATION OF ADVANCE OF ANNUAL LEVY TO MINNESOTA VALLEY TRANSIT AUTHORITY (MVTA), AND DIRECT STAFF TO CHARGE INTEREST. City Attorney Pace said for clarification that she thought the interest rate charged by the City was limited to what they charged in special assessments. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, nay Greenfield, the motion carried. Mayor Andren said that the Council's time should be used more efficiently and that in the future, Councilmember Mader should contact the staff to clarify agenda items. PRESENTATIONS: A. Them were no presentations. PUBLIC HEARINGS: A. There are no Public Heatings. OLD BUSINESS: A. Consider Approval of Ordinance 97-07 Approving A Zone Change from the C-1 (Conservation District) to the R-1 (Suburban Residential) District for "Knob Hill North" City Manager Boyles introduced the item and reviewed the agenda report for item 7A of the March 17, 1997 City Council meeting. He noted Council had deferred action on this item from the March 3, 1997 meeting for a vote. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE ORDINANCE 97-07 APPROVING A ZONE CHANGE FROM THE C-1 TO THE R-1 DISTRICT FOR "KNOB HILL NORTH". Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carded. Knob Hill North 31797.DOC 6 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING B. Consider Approval of Ordinance 97-XX Rezoning Property from the A-1 (AgriculturaO District to the R-1 (Suburban Residential) District for "Windstar Addition ". City Manager Boyles introduced the item and reviewed the agenda report for item 7B of the March 17, 1997 City Council meeting. He noted Council had deferred action on this item from the March 3, 1997 meeting for a vote. Windstar Addition Rezoning MOTION KEDROWSKI SECOND BY SCHENCK TO APPROVE ORDINANCE 97-XX REZONING PROPERTY FROM THE A-1 DISTRICT TO THE R-1 DISTRICT FOR "WINDSTAR ADDITION". Councilmember Mader suggested the item be tabled until questions about the plat are addressed. Mayor Andren said there may be a legal question, since the preliminary plat is contingent upon rezoning, and there was a question raised by some neighboring property owners on whether the Planning Commission recommendation was carried forward. Councilmember Kedrowski withdrew the motion, Councilmember Schenck withdrew the second. MOTION BY ANDREN SECOND BY KEDROWSKI TO TABLE UNTIL THE APRIL 7TH, 1997 MEETING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carded. NEW BUSINESS: A. Consider Approval of Resolution 97-20 Approving the Final Plat and Developers Agreement for "Wilderness Ponds 2nd Addition". City Manager Boyles introduced the item and reviewed the agenda report for item 8A of the March 17, 1997 City Council meeting. Resolution 97- 20 and the Developers Agreement were included in the report. Councilmember Mader asked about Resolution 97-20. He said item 6 should say requiring approval in 1997, not 1996. He said in Director Teschner's letter, storm water management fee should be $129,000 not $29,000. On the developer costs, page 5 of agreement, he said it appears the total cost is $352,000-it says the developer owes the City $261,000 and the City owes the Developer $51,000. Exhibit D reflects storm sewer cost, and City Cost. Wilderness Ponds 2nd Addition Final Plat-RES 97-20 31797.DOC 7 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING Public Works Director Ilkka said storm water management fee does not match what is in the agreement and the net lot area is different. He said the total project cost is the developer's costs. The $51,000 is reimbursement of storm sewer. Councilmember Mader asked is there a cost to the taxpayers, or are all the costs being paid for by the developer? Public Works Director Ilkka said there is not an additional cost to the taxpayers. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE RESOLUTION 97-20 APPROVING THE FINAL PLAT AND DEVELOPERS AGREEMENT FOR. "WILDERNESS PONDS 2ND ADDITION". Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carded. Bo Consider Approval of Resolution 97-21 Authorizing Maier, Stewart, and Assoc. Inc. to Prepare Plans and Specifications for Fish Point Road within Cardinal Ridge Fifth Addition. City Manager Boyles introduced the item and reviewed the agenda report for item 8B of the March 17, 1997 City Council meeting. MSA was being recommended. MOTION KEDROWSKI SECOND SCHENCK TO APPROVE RESOLUTION 97-21 AUTHORIZING MAIER, STEWART, AND ASSOCIATES, INC. TO PREPARE PLANS AND SPECIFICATIONS FOR FISH POINT ROAD WITHIN CARDINAL RIDGE FIFTH ADDITION. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carded. RES 97-21 Consider Approval of Resolution 97-XX Denying an Appeal of Variance Request for John Mahoney on Property Located at 15731 Highland Avenue. Mayor Andren left the table, explaining her friendship with the property owner could be construed as conflict of interest. City Manager Boyles introduced the item and reviewed the agenda report for item 8C of the March 17, 1997 City Council meeting. He said the current code provides for a 75 foot setback. The Council could adopt the Mahoney Variance Request 31797.DOC 8 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING resolution denying the appeal, or defer action, and direct staff to prepare a resolution to approve the variance. Planning Director Rye addressed the item. The applicant wishes to remove the deck and replace it with an enclosed porch with the same setback. The staff recommendation was denial of variance, and denial of variance does not deny reasonable use of the property. There was an error in surveying the property, but the staff recommendation remained the same. On February 25, Mr. Mahoney appealed the decision of the Planning Commission to the CC. The lot is greater than 15,000 square feet and is 100 feet wide at the lake and 76 feet wide at the front. There are legal alternatives for another deck, and the Planning Commission concluded that compliance with the ordinance would not result in hardship. Staff recommended City Council support PC with adoption. Councilmember Greenfield asked if the existing deck was considered impervious surface. Planning Director Rye said impervious surface was not an issue in this case, it was a setback. Councilmember Kedrowski asked if it was same setback as the existing deck. Planning Director Rye said the existing deck was nonconforming and could stay there, but once removed, it could not be rebuilt. Councilmember Mader asked if when this resident was in the process of a variance application, was a hardship as defined under current ordinance alluded to? Does anything support the application from standpoint of hardship issue? Planning Director Rye said there was nothing indicating a hardship. He said there have been a significant number of variances from the ordinary high water mark, and City should consider change in it. He said it would be his recommendation to permit a setback less than 75 feet. He would need to research why there was a 75 foot rather than 50 foot setback. Councilmember Kedrowski asked if it would be within the next ninety days, and said he was interested in adjusting the setback from 75 to 50. Planning Director Rye said there was probably a rationale for it, but they had not yet researched it. MOTION KEDROWSKI SECOND SCHENCK TO HAVE STAFF PREPARE RESOLUTION AND FINDINGS OF FACT TO OVERTURN RECOMMENDATION OF PLANNING COMMISSION. 31797.DOC 9 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING Councilmember Kedrowski said there should not be a variance granted unless there is a hardship. One of the major complaints about the City was that variances were subjectively administered. He said Planning Director Rye said the City frequently applied criteria not in the ordinance prior to 1995. He said the reality was that this issue has come about before, as in the example of substandard lots. City Attomey Pace said the issue that the Council had to decide was whether the Council believed there was a hardship or whether the residents met the criteria for a variance. Councilmember Greenfield said reviewing variances was not simply an administrative exercise, and it was important for the Council to look at it as a tool. He said what are the concerns facing the community in dealing with high water mark variances? Was there a reason it kept coming up? He referred to Consent Agenda Item 4E, 1996 Variance Summary, in which there were 10 Ordinary High Water setbacks, representing 24% of the variance requests. He said maybe staff needs to be directed that this setback be modified. When looking at a variance, it is always somewhat subjective, as each case is individual. Councilmember Kedrowski said maybe Council should table this and consider bringing it back with a possible ordinance amendment. Councilmember Greenfield said there was always a concern on how this would be handled. The situation On the current ordinance is that the same deck could be replaced, and these people want to replace the same deck but with a 3-season porch. He recalled a case when a resident asked for a variance for a two car garage, and two car garage was given because of the winter. This deck would allow use of the property in the summer season, providing a place away from the mosquitoes. Councilmember Kedrowski said they should provide staff with a specific direction tonight. City Attorney Pace asked Planning Director Rye about a variance subject to a 60 day rule. If it is denied, can it be brought back? Planning Director Rye said not under current provisions. He said a resolution could be at next meeting, but an appeal constitutes a separate action. Councilmember Kedrowski said he would withdraw the motion, and Council could consider ordinance .amendment; 120 days additional. MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING Councilmember Greenfield noted that the City Attorney said with the applicant's approval, it could be extended to any period of time. A change in the high water mark setback would be an amendment to the ordinance. The Attorney for the Fong's, Ed Christian, said there was no hardships presented on the applications. He said the house was built with approval of City with permit. Guest cottage and house were torn down. He received a permit to build a house and deck, 51 feet from the ordinary high water mark. He questioned whether the CLIP had to be obtained, when the setback is the same as the deck. Mr. Christian stated that the City Staff is saying they could build behind garage. If they did that, it would be to go through the garage. He said the porch should have access to patio doors. A split level home does not lend itself to porch behind deck. He said with the 10 steps going down, this would be 44 feet. Using the setback averaging provisions of 44', 51 ', and 66' would make the most sense for a setback. The three things he wanted to consider was there is not any additional setbacks being asked for. There is no real feasible alternative. He wants the Council to know, that if it is turned down, it will still be there. Councilmember Kedrowski withdrew the motion, Councilmember Schenck withdrew the second. MOTION BY KEDROWSKI SECOND BY SCHENCK TO TABLE UNTIL TIME CERTAIN APRIL 21 ST. Upon a vote, ayes by Greenfield, Kedrowski, Mader, and Schenck, the motion carded. Mayor Andren returned to the table. MOTION KEDROWSKI SECOND BY SCHENCK TO DIRECT STAFF TO CONSIDER CHANGING ZONING ORDINANCE FROM A 75 FOOT SETBACK TO A 50 FO°T SETBACK FROM THE ORDINARY HIGH WATER MARK. Councilmember Mader said Council should direct Staff to look over whole ordinance, and rather than directing Planning Department to revise to 50 feet, it should be recommended that Planning Department review the issue and come back to the Council with recommendations for changing setback. Councilmember Kedrowski said the reason for 50 feet was that it was suggested to him. High Water Mark Setback. 31797.DOC 1 1 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING Mayor Andren said it was from the DNR minimum, and she was there when it was voted in for 75 feet instead of 50 feet. Mayor Andren called the question. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carried. Councilmember Greenfield said an amendment to the ordinance that replaces existing decks could be that 3 season porches should be considered as part of deck replacement if it is the same dimension of the existing porch. MOTION BY GREENFIELD SECOND BY ANDREN TO ADD THREE SEASON PORCHES AS PART OF REPLACEMENT OF EXISTING DECKS TO THE ZONING ORDINANCE. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the motion carded. Do Ordinance Consider Approval of Ordinance 97-08 Amending the Zoning 97-08 Ordinance and City Code Relating to the Definition of Minimum Lot Area in the Shoreland District. City Manager Boyles introduced the item, which was already in Shoreland Ordinance. MOTION SCHENCK SECOND KEDROWSKI TO APPROVE ORDINANCE 97-08 AMENDING THE ZONING ORDINANCE AND CITY CODE RELATING TO THE DEFINITION OF MINIMUM LOT AREA IN THE SHORELAND DISTRICT. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carded. OTHER BUSINESS: Ao Councilmember Schenck handed out Prior Lake's Tobacco Ordinance 96-16. He said page number four, age 25 needs to be amended to 26. The second area should be compliance checks, which should be in the ordinance. Ord 97-16 Amendment City Attorney Pace said the ordinance did not currently provide for compliance checks; there were a lot of contingencies to go into compliance checks, you do limit yourself when you define a procedure. There needs to be something in the ordinance to ensure that compliance checks should be done. 31797.DOC 12 MINUTES OF THE MARCH 17, 1997 CITY COUNCIL MEETING Councilmember Mader recalled there was general discussion, but it could create a problem not a solution. City Attorney Pace said it was her recommendation that everyone should be notified that there would be periodic compliance checks. It would prevent arbitrary enforcement of the ordinance. She did not know how many licensees, but if everyone was put on notice, it would be easier. Councilmember Mader said how would having compliance checks in the ordinance help? If Police did not enforce it, it would not help. He gave the example of posted speed limits, which are not in City ordinances. MOTION BY SCHENCK SECOND BY KEDROWSKI THAT CITY ATTORNEY CHANGE ITEM 4. LINE 5 YEARS FROM 25 TO 26. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carded. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. Ci~y~,Manag~ v ADJOURNMENT peering was adjourned at 9:30 by General Consent. Recording Secretary 31797.DOC 13