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HomeMy WebLinkAbout011696 Regular Prior Lake City Council January 16, 1996 MINUTES OF THE PRIOR LAKE CITY COUNCIL January 16, 1996 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Tuesday, January 16, 1996 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Schenck and Mader, City Manager Boyles, Assistant City Manager Tremere, Public Works Director Anderson, Planning Director Rye, Assistant City Planner Leek, Assistant City Engineer Wingard, City Attorney Barrett and Recording Secretary Birch. 2. PLEDGE OF ALLEGIANCE- Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. MINUTES OF THE PREVIOUS MEETING: The following amendments were made: Councilmember Greenfield noted on Page 6, first line of the motion should include language further clarifying the motion that the Chairman of the Planning Commission is to state at the opening of a public hearing that the reopening of a public hearing is at the discretion of the City Council. MOTION BY KEDROWSKI, SECOND BY MADER, TO APPROVE Minutes THE MINUTES AS AMENDED. City Manager Boyles noted that on Page 5, of the Planning Commission Bylaws, Section 9, should also be amended to read: "The presiding officer should read the statement that the public hearing may be re-opened at the discretion of the City Council." Council concurred that the Planning Commission Bylaws, Section 9, should read "Presiding Officer can close the public hearing or it may be continued to a date certain with a majority vote." Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Animal Warden Report. Dog Catcher RF B. Consider Approval of Building Permit Report. Bldg. Permit 16200 ~l~(J:~k Ave. S.E., Prior Lake, Minnesota 553172-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council January 16, 1996 Fire & Rescue C. Consider Approval of Fire and Rescue Report. ~nvoices D. Consider Approval of Invoices to be Paid. Treasurers E. Consider Approval of Treasurer's Report. Appt. of Adv. Body F. Consider Approval of Appointments to Various Advisory Committees. MOTION BY GREENFIELD, SECOND BY KEDROWSRI, TO Consent APPROV~ THE CONSENT AGENDA ITEMS A THROUGH F. Agenda Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. 5. PRESENTATIONS- None 6. PUBLIC HEARINGS: A. Conduct Public Hearing for Proposed Northwood Road Improvements: Northwood Road 1) Consider Resolution 96-05 Ordering Improvements and Preparation RS 96-05 of Plans on Northwood Road (Project 94-02). 2) Resolution 96-06 Approving Plans and Specifications and Ordering RS 96-06 Advertisement for Bids on Northwood Road (Project 94-02) Mayor Andren called the public hearing to order at 7:45 p.m. City Manager Boyles stated that a previous public hearing had been held in 1994, but because a year had elapsed it is now required by state statute that another hearing be conducted. Public Works Director Anderson gave the staff report and presented an overhead showing the proposed improvements which included the rerouting of a storm sewer, water quality control, ponding locations, trunk and line extension placements, expected cost of the project ($1,313,000.00), and funding sources. Also discussed were the sidewalk and additional parking along Northwood Road. A special assessment hearing will be held in February or March and the assessment term will be for 10 years. Discussion occurred regarding the proposed street crossing at Butternut, assessment value of the Dunn property, reasoning for the widening of the street to 32 feet from 28 feet, parking along the wider stretch of road, delineation of pedestrian crossing at Butternut, status of right of way acquisition and whether the newly constructed roadway would have to be torn up at the time of the Dunn property MO 11696.DOC 2 Minutes of the Prior Lake City Council January 16, 1996 development. Public Works Director Anderson discussed the condemnation procedures and which properties were not yet acquired. The following residents spoke at the meeting: John Tetzloff, 16337 Northwood Road, expressed concern about speed on the wider section of the roadway and inquired about the placement of the sidewalk. He also urged Council to look into the safety of the intersection at C.R. 82 and Fremont Avenue. Jim Laniel, 16633 Northwood Road, inquired as to why there was no lighting planned. Larry Anderson explained that in accordance with City policy, property owners may petition the city for lighting, the cost of the installation will be assumed by the property owners and the city will assume the maintenance costs. John Champine, 3192 Butternut Circle NE, thanked Council for starting the improvements on Northwood Road and requested that a further examination be made regarding Northwood Road, examining the crosswalk at Butternut Circle. Extensive discussion occurred regarding the safety issue of the crosswalk placement and warning signs posted informing motorists of the crosswalk. Jim Laniel thinks that the crosswalk is fine where it is located. Extensive discussion occurred regarding whether the sidewalk could be continued on the west side instead of crossing over at Butternut Circle. John Tetzloff also inquired as to whether provisions had been made for the snowmobile trail which crosses Northwood Road to gain access to the lake. Larry Anderson stated that curbs will be lowered at this point for the crossing. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO RS 96-05 APPROVE RESOLUTION 96-05 ORDERING IMPROVEMENTS Northwood AND PREPARATION OF PLANS ON NORTHWOOD ROAD Road (PROJECT 94-02). Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. M011696.DOC 3 Minutes of the Prior Lake City Council January 16, 1996 MOTION BY ANDREN, SECOND BY MADER, TO APPROVE RS 96-06 RESOLUTION 96-06 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON NORTHWOOD ROAD (PROJECT 94-02). Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. MOTION BY ANDREN, SECOND BY GREENFIELD, TO CLOSE Ps Close THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. B. Conduct Public Hearing for Proposed Preliminary Plat of Woodridge Woodridge Estates Fourth Addition. Estates 4th Addn. City Manager Boyles stated that a procedural question had come up and that staff is requesting that the hearing be continued to February 5 to allow the City Attorney to look into the ordinance and determine the procedure to be followed. Mayor Andren opened the public hearing for Woodridge Estates. MOTION BY ANDREN, SECOND BY MADER, TO CONTINUE PH Cont. THE PUBLIC HEARING TO FEBRUARY 5. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. 7. OLD BUSINESS: A. Consider Approval of Ordinance 96-04 Amending City Code, Title 5, OR 96-04 Chapter 5 and Zoning Code with regard to Tree Preservation. Assistant Planner Leek noted changes in an Ordinance which was handed out at the meeting and presented an overhead of the major provisions of the Tree Ordinance which included discussion on the replacement of trees, new versus existing development or plats, tree size, allowable tree removal without replacement and warranty requirements to insure compliance with approved tree preservation plans and security requirements. M011696.DOC 4 Minutes of the Prior Lake City Council January 16, 1996 Discussion occurred regarding what, if any, additional cost will be incurred by developers if this ordinance is approved. MOTION BY KEDROWSKI, SECOND BY MADER, IN SECTION B, SECOND PARAGRAPH, REMOVE FIRST SENTENCE AND DELETE FIRST TWO WORDS, TO BE REPLACED WITH PLANNING DIRECTOR. After discussion, both Councilmember Kedrowski and Mader agreed to withdraw the motion. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO Tree REVIEW THE TREE ORDINANCE AGAIN IN 18 MONTHS, Ordinance BASED ON NUMBER OF APPLICATIONS AND HOW IT IS APPLIED. Council discussed the fact that the Planning Commission's annual report would address how many tree ordinance variances are acted upon. Upon a vote taken, ayes by Kedrowski and Schenck, nays by Andren, Greenfield and Mader. The motion failed. MOTION BY GREENFIELD, SECOND BY MADER, TO ADOPT ORDINANCE 96-04 AMENDING TITLE 5 OF THE PRIOR LAKE OR 96-04 CITY CODE AND THE ZONING ORDINANCE 83-06. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. 8. NEW BUSINESS: A. Consider Approval of the Schematic PUD for Wild Oaks, Resolution 96- RS 96-02 02 and Preliminary Plat to Wild Oaks (Resolution 96-03) and Ordinance 96-02 Rezoning the Wild Oaks Site to Planned Unit Development. Mayor Andren gave a brief background on the reason for reopening the public hearing and stated that Councilmembers have received additional information not originally presented at the previous public hearing. She stated that a representative from the neighborhood MO 11696.DOC 5 Minutes of the Prior Lake City Council January 16, 1996 group would have fifteen minutes to present their information and the representative for Wild Oaks would have fifteen minutes to present a rebuttal. MOTION BY ANDREN, SECOND BY GREENFIELD, TO REOPEN THE PUBLIC HEARING TO CONSIDER APPROVAL RS 96-02 OF THE SCHEMATIC AND PRELIMINARY PUD FOR WILD OAKS (RESOLUTION 96-02) AND ORDINANCE 96-02 REZONING THE SITE TO PUD AND THE PRELIMINARY RS96-03 PLAT OF WILD OAKS (RS 96-03). Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. Planning Director Rye provided a brief background on the proposed plat and presented overheads of the area. Mr. Rye stated that the Planning Commission had conducted two public hearings on the proposals, originally recommending a denial for townhomes and extension of the street. The applicant then reconsidered the request, resulting in the application being forwarded to the Council. Twenty townhouse units are now proposed and is being considered as a PUD. for which a schematic, preliminary plat and zoning change must be approved. Mr. Rye noted that the applicant's proposal was reviewed against all ordinances and was found to be consistent with city ordinances and with the Shoreland Ordinance provisions. The DNR has submitted no objections to the proposed PUD, and it is consistent with the Comprehensive Plan. Neighborhood residents were present and voiced strong objections regarding tree removal, townhouse development, lack of public park space in the area, and the possibility of increased traffic. The developer redesigned the project by decreasing the units from 23 to 20. This design preserves 47 percent of trees of 12" or greater in size, which is the size determined to be significant for this purpose. City Manager Boyles explained the street redesign and encouraged the Council to support a through street from Greenway to Shady Beach Trail with elimination of the northerly segment of Conroy at CSAH 42. Dave Frees, 6346 Conroy, spokesman for the neighborhood residents who are opposed to the project, stated that the developer originally agreed to improve Conroy Street, however, this proposal has been eliminated. Mr. Frees also discussed the possibility of Conroy Street MO 11696.DOC 6 Minutes of the Prior Lake City Council January 16, 1996 being subject to flooding because of the level of the street leading in to the proposed addition. Mr. Frees also discussed other concerns which included: lack of public park space, tree removal and increased traffic in the neighborhood. A signed petition was entered into the record at the August meeting of the Planning Commission. Attorney James Sander, representing RCS Associates, stated that he needed some time to review material pertaining to this item because he had not received this material. A 15 minute recess was called. The meeting reconvened at 10:20 P.M. Mr. Sanders rebutted the statements made by Mr. Frees. Discussion occurred regarding the Shoreland Management Ordinance, tree inventory and clearing of vegetation. Mayor Andren reviewed prior Planned Unit Development projects granted within the City and the benefit attributed to residents through the PUD process and stated that this development does not meet the PUD criteria. Councilmember Kedrowski supported staffs recommendation, but that the road from Greenway to Conroy needs to be addressed. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO RS 96-02 DENY RESOLUTION 96-02 TO APPROVE THE SCHEMATIC AND PRELIMINARY PUD FOR WILD OAKS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO oR 96-o2 DENY ORDINANCE 96-02 AMENDING SECTION 5-2-1 OF PRIOR LAKE CITY CODE AND AMENDING SECTION 2.1 OF PRIOR LAKE ZONING ORDINANCE $3-6. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. MOTION BY MADER, SECOND BY KEDROWSKI, TO DENY RS 96-03 RESOLUTION 96-03 TO APPROVE THE PRELIMINARY PLAT MO 11696.DOC 7 Minutes of the Prior Lake City Council January 16, 1996 OF "WILD OAKS" SUBJECT TO SATISFACTION OF THE Wild Oaks CONDITIONS OUTLINED HEREIN PRIOR TO FINAL PLAT SUBMITTAL. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. A recess was called at 9:05 p.m. The meeting was reconvened at 9:20 p.m. The Council then returned to item 8A. B. Consider Approval of Amendment to Conditional Use Permit for Fairview Fairview Clinic to Allow Delay of Compliance to Conditional Use Clinic Permit Condition. This item was considered before Item 8 A. There was some discussion to clarify the resolution. Resolution 96-07 P,s 96-07 was adopted denying a wood trash enclosure and requiring a brick enclosure at the Fairview Clinic. Compliance with this is to be completed by June 30, 1996. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, ADOPTING RESOLUTION 96-07 DENYING CONDITIONAL Rs 96-0? USE PERMIT FOR CONSTRUCTION OF WOODEN ENCLOSURE RATHER THAN BRICK. 9. OTHER BUSINESS: A. Additional design work for Northwood Road Project. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO AUTHORIZE FEE INCREASE TO MSA CONSULTING SSA ENGINEERS UP TO $67,000 FOR ADDITIONAL DESIGN WORK Consulting REQUIRED FOR NORTHWOOD ROAD PROJECT. Fee Increase Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. M011696.DOC 8 Minutes of the Prior Lake City Council January 16, 1996 B. Review of Update - City Manager Boyles reviewed some of the items in the Update including the MPRS issue to be covered in executive Review of session, insurance for the advisory bodies (no change is preferred), Update Workers Compensation, the Five Hawks traffic light, a legislative dinner on January 31st, and the necessity for a closed hearing to discuss negotiations. C. Agenda Changes - Mayor Andren suggested that when there are project changes she would like to have these graphics in the agenda, and also requested that staff would put together a hand out at the Planning Commission level and clearly state that reopening of the public hearing is at the Council's discretion. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO DIRECT STAFF TO PREPARE MAPS FOR CHANGES IN THE AGENDA AND TO PUT TOGETHER A PUBLIC HEARING HAND OUT Directive SHEET AT THE PLANNING COMMISSION LEVEL CLEARLY re: Public Hearing STATING THAT REOPENING OF A PUBLIC HEARING IS AT Process THE DISCRETION OF THE CITY COUNCIL. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. D. Maps - Andren proposed that maps for developments be made larger in order to be able to read them more easily. E. Sidewalk/Boulevard Maintenance - Kedrowski requested that staff research and come up with a policy in relationship to whether the city will maintain sidewalks in winter and mowing of boulevards in summer. MOTION FOR A DIRECTIVE BY KEDROWSKI, SECOND BY SCHENCK, DIRECTING STAFF TO PREPARE A POLICY FOR SUMMER BOULEVARD AND WINTER SIDEWALK MAINTENANCE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. F. Mr. Cramer wants the City to reiterate its support for the four lane proposal for C.R. 18 and to underscore its necessity. M011696.DOC 9 Minutes of the Prior Lake City Council January 16, 1996 MOTION BY ANDREN, SECOND BY KEDROWSKI, DIRECTING STAFF TO PREPARE A RESOLUTION ADDRESSING THE CR 18 COUNTY ROAD 18 ISSUE TO BE SENT TO THE COUNTY AND TO MARK W. CRAMER, 4205 CHESTNUT LANE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. G. Junkyards A short discussion occurred regarding neighborhood junkyards, Mader would like to have an understanding as to the ordinance in place and whether it is enforceable. MOTION BY MADER, SECOND BY GREENFIELD, DIRECTING Direct±ye STAFF TO EVALUATE THE QUESTION OF ORDINANCES Ne±ghborhooe RELATING TO NEIGHBORHOOD JUNKYARDS AND TO Junkyards DETERMINE IF THEY ARE ENFORCEABLE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. H. Greenfield asked regarding the $62,000 left in the contingency fund. MOTION BY GREENFIELD, SECOND BY ANDREN, DIRECTING STAFF TO REPORT ON THE FINAL STATUS OF Contingency THE CONTINGENCY FUND AND TO MAKE A Funds RECOMMENDATION TO INCLUDE A CONTRIBUTION TO LAKEKFRONT PARK. Greenfield wanted to make it publicly known that he supports a large contribution to Lakefront Park and would like staff to recommend this contribution. It was noted this will be appropriate when the amount is known. The motion was withdrawn. Kedrowski suggested that staff should report back with recommendations on use of the contingency fund. Mader agrees with Kedrowski that staff should make a report. The motion was withdrawn by the maker and the seconder. lO.ANNOUNCEMENTS~CORRESPONDENCE 11.AD JO URNMENT: M011696.DOC 10 Minutes of the Prior Lake City Council January 16, 1996 A. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO ADJOURN TO EXECUTIVE SESSION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. B. Executive session to discuss pending litigation with respect to the MPRS. MOTION BY ANDREN, SECOND BY GREENFIELD TO ADJOURN THE EXECUTIVE MEETING Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Mader, the motion carried. C. There being no further business, the meeting adjourned at 11:45 p.m. The next regular Council meeting will be held on Monday, Fe uary 5, l~ecor~ling Secretary MO 11696.DOC 11