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HomeMy WebLinkAboutAgenda & Minutes .. City Council Work Session - 5:00 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA Date: OCTOBER 5, 1998 1. CALL TO ORDER................................................................................ 7:30 p.m. 2. PLEDGE OF ALLEGIANCE: 3. APPROVAL OF AGENDA: 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. September 21, 1998 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to Be Paid. B. Consider Approval of Motion Appointing Fulco as the City's Purchasing Agent for the Library/Resource Center Project. C. Consider Approval of Resolution 98-XX Amending Resolution 98-50 which Authorized WSB & Associates, Inc. to Prepare Feasibility Reports for Frontage Roads in the Vicinity of Trunk Highway 13 and County State Aid 42. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PRESENTATIONS: A. 8. PUBLIC HEARINGS: A. Consider Approval of a Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake. 9. OLD BUSINESS: A. Consider Approval of Ordinance 98-XX Amending Title 10, Chapter 2 of the Prior Lake City Code Relating to Dogs and Cats. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 I0598.DOC AN EQUAL OPPORTUNITY EMPLOYER B. Consider Approval of Request to Extend the Deadline for Submittal of a Final PUD Plan for the Eagle Creek Villas Assisted Living Facility Project in the Priorview PUD. 10. NEW BUSINESS: A. Consider Approval of Resolution 98-XX Upholding a Decision of the Planning Commission Denying a Variance to Fence Height for John and Jeri Trulson on Property located at 14296 Rutgers Street. B. Consider Approval of Resolution 98-XX Approving a Conditional Use Permit to Allow a Car Wash at the Holiday Station Store. C. Consider Approval of Resolution 98-XX Approving the Preliminary Plat to be Known as Hillsbury Townhomes. D. Consider Approval of Resolution 98-XX Approving the Final Plat and Development Contract for Hillsbury Townhomes. E. Consider Approval of Resolution 98-XX Approving Feasibility Report and Calling for a Public Hearing on 1999 Improvement Projects. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. 12. ADJOURNMENT t0598.DOC CITY COUNCIL MEETING MINUTES OCTOBER 5, 1998 CALL TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were: Mayor Mader, Councilmembers Kedrowski, Petersen, Schenck and Wuellner, City Manager Boyles, Assistant City Manager Woodson, City Attorney Brokl, Planning Director Rye, Planning Coordinator Kansier, Assistant City Engineer McDermott, Recording Secretary Oden. 2. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to the meeting. 3. APPROVAL OF AGENDA: MOTION BY WUELLNER SECOND BY KEDROWSKI TO APPROVE THE AGENDA. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 4. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. September 21, 1998 MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE THE MINUTES OF THE SEPTEMBER 21, 1998 CITY COUNCIL MEETING. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non-controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to Be Paid. B. Consider Approval of Motion Appointing Fulco as the City's Purchasing Agent for the Library/Resource Center Project. C. Consider Approval of Resolution 98-112 Amending Resolution 98-50 which Authorized WSB & Associates, Inc. to Prepare Feasibility Reports for Frontage Roads in the Vicinity of Trunk Highway 13 and County State Aid 42. Mader: Item 5B, Purchasing Agent, will save the City approximately $40,000 in construction costs. Purpose of item 5C was to identify source of funding for feasibility reports. 16~Q~e Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42~5 AN EQUAL OPPORTUNITY EMPLOYER MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE THE CONSENT AGENDA. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 6. ITEMS REMOVED FROM CONSENT AGENDA: 7. PRESENTATIONS: A. There were no presentations. 8. PUBLIC HEARINGS: A. Consider Approval of a Comprehensive Zoning Ordinance and Zoning Map for the City of Prior Lake. Comments from Councilmembers: Mader: City needed to update the existing zoning ordinance. The Council has reviewed a draft at several workshops. The purpose of the public hearing is to gain additional public input into the proposed ordinance. Boyles: The zoning ordinance the City has been working with was established in 1979. Staff has been working on a new zoning ordinance since 1996. Rye: Presented staff report and reviewed the zoning ordinance. Reviewed the specific zoning districts, their densities and land uses. Recommendations are included from the downtown redevelopment committee addressing C-3 specialty business district. Most lot sizes, setbacks, etc. remain unchanged. The home occupation section is modified. A maximum lot coverage for residential districts was added. The density in high density residential has been increased. Parking requirements are addressed. A new section on lighting was added regulating maximum and minimum standards. The non -conformities section was expanded. Also added a section on storage of recreational equipment. Variances will require formal public hearing and public notice. Following adoption of ordinance, it can still be modified and some issues may need to be addressed at a later date. Kansier: Presented the zoning map and reviewed all of the zoning districts. The "Conservation District" was eliminated. Now everything outside the MUSA is zoned agricultural. Land may be rezoned after it is added to the MUSA. There are a few areas in which, based on current uses, would be rendered non-conforming. They include Lakers Restaurant and the residential area west of Priordale Mall, and the area north of downtown along Main Avenue. This is consistent with the Comprehensive Plan, but Council may wish to change the zoning of these particular parcels so they will remain in conformance. Kedrowski: Prefers to adopt ordinance, but remove the items that Council wishes to further address, and discuss those issues at a later date. MNIOS98.DOC 2 Schenck: Concur. Wuellner: Felt it was not appropriate to adopt the zoning ordinance tonight. The hearing should be continued. Rye: Direct staff to bring back at a date certain. Mader: Don't want to act on just part of it. Spent a lot of time going through the ordinance. Would not want to start the entire process again. Should hear comments from public first. Public Comment: Chris Pearson, 5360 Candy Cove Trail: Agrees it should be continued. In the Shoreland District, he understood the side-yard requirements are changing as well as the 50 foot lake shore setback. There should be a provision which allows eves to extend. Setbacks should be measured to foundation and allow an overhang but limit the size of the overhang. Rye: Definition states setback is measured to the nearest point on the structure. Mader: Proposed language provides for averaging for setbacks. Marv Mirsch, 15432 Red Oaks: Cited ordinance section stating that measuring to foundation a foot off the ground defines measuring setback. Rye: That was the original language. Mirsch: Commented on combining substandard lots, section 1101-5010 3B and 3C. He understood combining substandard lots would be given 6 month grace period. Ignores 66 2/3% requirement. Bluff ordinance should be more flexible like Minnetonka. Bluff ordinance recommendation is enforced to 1000 feet of Shoreland limit. Non-conformances are not covered by insurance. Petitioners are liable for fees to correct Zoning Ordinance Text. At least 200 properties are affected by this bluff ordinance and will be rendered non- conforming. Harold Bohlen, 13380 Hickory: Why is only one property zoned RS? Kansier: RS applies to large lot subdivisions outside of the MUSA. Titus Addition north to City limits is zoned RS. Everything north of that property is outside of the City limits Bohlen: His property is south of Titus addition. Wants the same RS zoning. Was not notified that RS zoning was given to that property. Was allowed one building permit on his property five years ago. Rve: This changed zoning on Titus from R-l to RS lots. How large is the Bohlen parcel? Bohlen: 18 acres. Rye: Titus Addition is platted in 10ts of2-4 acres. Bohlen: Wants his property zoned RS. Mader: Asked staff to come back with a recommendation. Schenck: Is a parameter of the RS district that it has to be outside of the MUS A? Kansier: Yes. Bette Murphy, 8778 154th Street: Owns Lakers Restaurant. Were told they would be zoned residential. Considering building on top of existing restaurant. If zoned commercial can they MNI0598.DOC 3 have a residence, or build a bed and breakfast? Have 2 1/2 acres. If they don't build on the restaurant they, are also considering residence in back. Kansier: This land is currently zoned B-1. On the proposed zoning ordinance it is zoned residential, based on the Comprehensive Plan Map. Mader: Was that an oversight when the Comprehensive Plan was adopted? Rve: Yes. There was no intent to change it from commercial to residential. The proposed zoning ordinance follows the comprehensive plan. Mader: Comp Plan should be corrected. Chris Deanovic, 14122 Louisiana Avenue: Does the current "two sets of books" dissolve with passing of new ordinance? Rve: Yes. Deanovic: Regarding common ownership of lots and combinations, he thinks there are a lot of properties that would be affected. Not sure oflegal ramifications oflot combinations. City should look into this. Larry Schulze, 14321 Shady Beach Trail: Commended Planning Commission and staff for changing setback from the lake from 50 feet back to 75 feet. This shows appreciation for water quality, shoreline and aesthetics oflake. . Joe Passofaro, 16077 Northwood: Was told in determining bluff setback 25 foot setback begins at a point 18% or less. One foot raised bed garden will change slope to over 18% and that is where setback would start. Averaging was deleted. Landscaping and retaining walls of less than 4 feet should not be taken into consideration. Zoning ordinance should not be adopted until everyone has time to review it. Bryce Huemoeller, 16670 Franklin Trail: Asked for a summary of riparian combination process. How can it be dealt with? Have not read PUD portion. Existing ordinance limits PUDs to residential. Consideration should be given to allow commercial PUDs and a lesser acreage requirement. Rve: Lot combination requirements as related to substandard riparian lots, within 6 months of passing the zoning ordinance, people owning more than one in common ownership can combine if the minimum 75 foot width and area of 12,000 square feet lot is maintained. Recombinations after that date have to meet minimum lot requirements. Jim Albers, 16043 Northwood Road: 1107 p33. Lighting. #6 Flickering or flashing lights. Christmas lights and motion detector lights should be clarified. P.35 In the section under landscaping and screening it says it applies to all new construction with all new uses. What about residential? Rve: Refer to paragraph above, which states 1 and 2 family residential structures are exempt from this provision. Can combine the paragraphs if that would clarify it. This applies to industrial and commercial. Albers: On 1107, p21 under exempt signs, what is an Incidental Sign? Kansier: Page 27 under definition of signs shows this. It refers to things like stop signs in shopping centers, etc. Albers: The definition sections are not altogether. MNI0598.DOC 4 Kansier: Definitions for signs are under signs. Albers: 1107 P 51: It references a section and says it does not apply to diseased trees. Kansier: The Section it references is part of City Code. Albers: 1107 p52. Item 3, All outside storage areas must have screening. How does that apply to single family? Kansier: It doesn't apply. Outside storage areas are defined in that section. Albers: 1107 p.54 on Section 8 item C, it says no building may display more than 5% of its above ground surface in bright colors. Does that apply to single family? How would we know that? Kansier: It doesn't apply to single family. This section applies to commercial-industrial. Schenck: On page 53 it defines buildings, industrial use. Albers: 1107 p. 56., On prohibiting extension of non-conformities. In paragraph 3, it states, "Non-conforming use shall not be intensified, including expansion of a parking area". Recently an R-l 4-plex was granted a permit to build a garage for parking. They are expanding non-conformity. Rve: That particular use did not provide legal off-street parking. The garage was to provide legal parking. In this case, it was not subject to provisions of expanding a non-conforming use. Albers: 1107 p.60 certificate of occupancy shall be issued for all legal non-conforming use ofland or buildings created by adoption of the ordinance. 1101, p.36 Common ownership of lots, building permits not issued unless lots are combined creates hardship. What if someone needs a roof? From the assessment hearing, many of the properties are on more than one lot. Rve: The intent is to issue permits for existing structures. Albers: Referred to 1101 in paragraph C, under lot combinations. Why, under ordinary circumstances, would that not be acceptable to split a lot? It should be acceptable for longer than six months. Rve: Can speak with DNR and further address issue oflot combination. Albers: 1104 p.7. Section about Bluff Ordinance and engineering reports. Concerned about recording indemnification agreement. Concern that it will create a cloud on the title. Exempting survey when putting on deck. The City is not responsible for the engineering documents. Why are they required? Why is the indemnification agreement required? Mader: City Manager has already asked staff to look at the issue of the indemnification agreements. Albers: 1104 p.ll setbacks and averaging. Setbacks allowed next to vacant lot. The way this is written it can't be allowed next to vacant lot. If averaging was allowed with an adjoining vacant lot, it is better than not allowing it at all. Rve: Setback averaging is included. Defines 150 feet. Albers: 1104 p. 13. It says island development, year around residences are not permitted. Rve: Correct. MN10598.DOC 5 Albers: The new ordinance is more restrictive. Is Council prepared to hire the staff they need to enforce this ordinance. On 1101 p.2, it says every person is presumed to know the ordinance. There should be steps to inform the public. What is a violation of a City ordinance? Mader: As far as informing public, there have been several public hearings, published in the paper, several workshops, and this hearing may be continued. Rve: A violation can be a misdemeanor. Albers: 1107 p45. Right of entry for inspection. City should not be allowed on private property. Takes away from property owners' rights. Brokl: Administrative search warrants are available. Intent of the specific section is to allow access on the property, not inside the house. Tony Stamson, Planning Commission Chair, 16095 Glen Court: 75 foot provision for six months. Combination rule would allow those who have three lots in common ownership six months to deal with the issue. Comments from Councilmembers Mader: Thanks those who did homework on this. Suggests continuing hearing so staff can address issues of public concern. Schenck: What about highlighted areas on maps? Kansier: Will be further addressed in follow-up report. MOTION BY WUELLNER SECOND BY KEDROWSKI TO CONTINUE THE PUBLIC HEARING ON NOVEMBER 2ND. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 9. OLD BUSINESS: A. Consider Approval of Ordinance 98-15 Amending Title 10, Chapter 2 of the Prior Lake City Code Relating to Dogs and Cats. MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE ORDINANCE 98-15 AMENDING TITLE 10, CHAPTER 2 OF THE PRIOR LAKE CITY CODE RELATING TO DOGS AND CATS. Bovles: Changes are: an animal will be held 5 days not 10; weekends are included; any animal not inoculated can be taken out ifthe owner pays non-refundable deposit. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. MN10598.DOC 6 B. Consider Approval of Request to Extend the Deadline for Submittal of a Final PUD Plan for the Eagle Creek Villas Assisted Living Facility Project in the Priorview PUD. Boyles: Current ordinance provides that a final plan must be submitted 120 days following approval to assure plats move forward. They already had one extension to final plan by May of 1998. Still working with them. Zoning ordinance would impact this. Staff recommends not granting an additional 120 day extension. Kedrowski: Is the petitioner aware of the staff opinion? He has to come back and resubmit either way? J<.ansier: Yes. The work he did was for storm water improvement. MOTION BY WUELLNER SECOND BY PETERSEN TO APPROVE RESOLUTION 98- 117 DENYING EXTENDING THE DEADLINE FOR SUBMITTAL OF A FINAL PUD PLAN FOR THE EAGLE CREEK VILLAS ASSISTED LIVING FACILITY PROJECT IN THE PRIORVIEW PUD. Kedrowski: How will the new zoning ordinance affect it? Kansier: They will need to do another PUD application. City concern is whether it will keep gomg. Rve: If something is in process and not approved it must get approval under the new ordinance. Schenck: If an application comes in tomorrow with a new PUD under the old ordinance, it must comply with new ordinance? Rve: If it were extended tonight his risk is whether he gets into the ground before the new ordinance takes effect. Kedrowski: There will be a fee regardless of zoning ordinance? Kansier: He is not ready to submit PUD. Mader: Does not serve a purpose to keep extending the deadline. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 10. NEW BUSINESS: A. Consider Approval of Resolution 98-XX Upholding a Decision of the Planning Commission Denying a Variance to Fence Height for John and Jeri Trulson on Property located at 14296 Rutgers Street. Bovles: The petitioner requested through his attorney a deferral to the October 19 Council meeting, given the lateness of the hour. MOTION BY KEDROWSKI SECOND BY PETERSEN TO DEFER CONSIDERATION OF RESOLUTION 98-XX UPHOLDING A DECISION OF THE PLANNING COMMISSION DENYING A VARIANCE TO FENCE HEIGHT FOR JOHN AND JERI MNI0598.DOC 7 TRULSON ON PROPERTY LOCATED AT 14296 RUTGERS STREET TO OCTOBER 19 MEETING. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. B. Consider Approval of Resolution 98-113 Approving a Conditional Use Permit to Allow a Car Wash at the Holiday Station Store. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 98-113 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CAR WASH AT THE HOLIDAY STATION STORE. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. C. Consider Approval of Resolution 98-114 Approving the Preliminary Plat to be Known as Hillsbury Townhomes. MOTION BY SCHENCK SECOND BY WUELLNER TO APPROVE RESOLUTION 98- 114 APPROVING THE PRELIMINARY PLAT TO BE KNOWN AS HILLSBURY TOWNHOMES. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. D. Consider Approval of Resolution 98-115 Approving the Final Plat and Development Contractfor Hillsbury Townhomes. MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE RESOLUTION 98- 115 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR HILLSBURY TOWNHOMES. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. E. Consider Approval of Resolution 98-116 Approving Feasibility Report and Calling for a Public Hearing on 1999 Improvement Projects. MOTION BY SCHENCK SECOND BY WUELLNER TO APPROVE RESOLUTION 98- 116 APPROVING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON 1999 IMPROVEMENT PROJECTS. MNJ0598.DOC 8 Bovles: Projects include 5 areas: 1) Candy Cove Trail, Manor Road, Hill Circle, Lemley Circle and Woodlawn; 2) Centennial Street; 3) North Shore Oaks First Addition; 4) Street lights along Main Avenue; and 5) Reconstruction of CSAH 42 from McKenna Avenue to . west City limits. Public Hearing will be 7:45 p.m. Monday, November 2, 1998. Mader: We should have cost figure estimates for each project. McDermott: Area 1 at 40% assessment rate is $34.55 per front foot. Area 2 100% assessment at $91.85 front foot. Area 3) $8,672.50 per unit rate for sanitary sewer and water. Areas 4 and 5 are not proposed to be assessed. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS: A. Spring Lake Township Sewer and Water Agreement Mader: Conditions in the agreement were to address South Shore Drive which needed sewer and water for water quality purposes. Those properties comply with County zoning. City said it would not annex for 20 years. County granted variance conflicting with contract. Stated it was to be annexed soon. Approved subdividing of property to allow 12,000 square foot lots. Granting variance for 12,000 square foot lots, some would be in the lakeshore district and would become non-conforming lots. Rve: 12,000 square feet is minimum lot size offlake. 15,000 square feet is only for riparian lots. Mader: They want to maintain it rural. Part of condition of agreement was the City would provide sewer to those lots. This agreement was intended to address the South Shore Drive Appeal. Bovles: Spoke with Scott County, the Final Plan is to be limited to five lots for development. The Three Person Board did not have the information that the County had. Will speak with Dave Unmacht, Kathy Bongard, Ralph Malz, and Tom Kedrowski. Wuellner: The agreement was very specific with regard to the minimum and maximum number of services allowed. It was laid out by Met Council. Its purpose was to solve an existing problem, not to be used as a tool for higher density. Mader: Letter from County implies sewer service is being used as a mechanism to spur new development. MNI0598.DOC 9 12. ADJOURNMENT MOTION BY WUELLNER SECOND BY SCHENCK TO ADJOURN. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schemck, and Wuellner, the motion carried. ~ ~ting OOiomnt a~O:40 p.rn City ~WL~ Recording Secretary MN10598.DOC 10