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HomeMy WebLinkAboutAgenda & Minutes 7:00 p.m. FORUM REGULAR COUNCIL MEETING AGENDA Date: March 17, 1997 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 Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Animal Warden Report for February, 1997. D. Consider Approval of Fire Call Report for February, 1997 E. Consider Approval of 1996 Variance Summary Report. F. Consider Approval of 1996 Annual Building Report. G. Consider Approval of Preliminary 1996 Fourth Quarter Budget Report and Overview H. Consider Approval of Recommendation for Appointment of Prior Lake / Spring Lake Watershed District Manager Representing Prior Lake. r. Consider Approval of Building Permit Report for February, 1997 J. Consider Approval of Revised Purchasing Policy Guidelines. K. Consider Approval of Authorization of Advance of Annual Levy to Minnesota Valley Transit Authority (MVTA). L. Consider Approval of 1996 Planned Unit Development Status Report. 5. PRESENTATIONS: A. There are no Presentations. 6. PUBLIC HEARINGS: A. There are no Public Hearings. 7. OLD BUSINESS: A. Consider Approval of Ordinance 97-XX Approving A Zone Change from the C-1 (Conservation District) to the R-l (Suburban Residential) District for "Knob Hill North". B. Consider Approval of Ordinance 97-XX Rezoing Property from the A-I (Agricultural) District to the R-1 (Suburban Residential) District for "Windstar Addition". 8. NEW BUSINESS: 16200rEegle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER A. Consider Approval of Resolution 97-XX Approving the Final Plat and Developers Agreement for "Wilderness Ponds 2nd Addition". B. Consider Approval of Resolution 97-XX Authorizing Maier, Stewart, and Assoc. Inc. to Prepare Plans and Specifications for Fish Point Road within Cardinal Ridge Fifth Addition.. C. Consider Approval of Resolution 97-XX Denying an Appeal of Variance Request for John Mahoney on Property Located at 15731 Highland Avenue. D. Consider Approval of Ordinance 97-XX Amending the Zoning Ordinance and City Code Relating to the Definition of Minimum Lot Area in the Shoreland District. 9. OTHER BUSINESS: A. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT 0-v:)(\ ~\ .\~ l\ ~ . \ '-",' ~ "'\ ~/u 0EJ 31797.DOC REGULAR COUNCIL MEETING MINUTES Date: March 3, 1997 1. CALL TO ORDER: Acting Mayor Schenck called the meeting to order at 7:30 p.m. Present were: Councilmembers Kedrowski, Mader, and Schenck, City Attorney Pace, City Manager Boyles, Assistant City Manager Tremere, Planning Director Rye, Planner Kansier, Public Works Director Ilkka, Recording Secretary Oden. Mayor Andren and Councilmember Greenfield were absent. 2. PLEDGE OF ALLEGIANCE: Acting Mayor Schenck led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY KEDROWSKI SECOND BY MADER TO APPROVE THE MINUTES OF THE FEBRUARY 18 CITY COUNCIL MEETING. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Purchase of 4X4 Pickup to Replace Existing City Vehicle C. Consider Approval of 3.2 Temporary Liquor License for St. Michael's Church for Aprilfest. D. Consider Approval of Waiver of Outdoor Concert Fee and Cleanup Deposit for St. Michael's Church for Aprilfest. E. Consider Approval of Resolution 97-XX Approving Prior Lake Hockey Association Premise Permit for Lawful Gambling. MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE CONSENT AGENDA ITEMS A, B, C, D, E. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: A. There were no Presentations. 6. PUBLIC HEARINGS: A. There are no Public Hearings. 16BOlikEagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-421-5 AN EQUAL OPPORTUNITY EMPLOYER 7. OLD BUSINESS: A. Consider Approval of Resolution 97-XX Regional Water Quality Pond Concept as Part of the CSAH 42 Upgrade Project. . City Manager Boyles reviewed the agenda report for item 7A of the March 3,1997 Council Meeting. . Public Works Director Ilkka explained the purpose and cost "sharing" of the project and the regional pond improvements. He explained that it would be less costly to have one large pond serving the region than to have the six smaller ponds that would be required to meet the Nationwide Urban Runoff Program standards. The Vierling land is no longer being considered for regional pond, because of the cow manure runoff and MPCA regulations, and the Vierlings were somewhat reluctant to sell. The new location the City is considering is north of the Wensmann property. . Councilmember Mader asked if the ponding was required. . Public Works Director Ilkka said yes, it was required by federal NURP standards. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-13 APPROVING REGIONAL WATER QUALITY POND CONCEPT AS PART OF THE CSAH 42 UPGRADE PROJECT. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 97-XX to Accept Feasibility Study and Call for Public Hearing on 1997 Improvement Projects including: Mushtown Road, Pike Lake Trail, CSAH 42, Bituminous Sea1coating, Lakefront Park Incremental Improvements. . City Manager Boyles reviewed the agenda report for item 7B of the March 3, 1997 City Council meeting. He noted revisions to the resolution handed out at the meeting. . Public Works Director Ilkka reviewed each project and said that Lakefront Park can be struck from consideration considering the positive referendum vote. The resolution would schedule a Public Hearing on the proposed improvements of April 8. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97-11, TO ACCEPT FEASffiILITY REPORT AND CALL FOR A PUBLIC HEARING ON 1997 IMPROVEMENT PROJECTS INCLUDING: MUSHTOWN ROAD, PIKE LAKE TRAIL, CSAH 42, BITUMINOUS SEALCOATING. 3397,DQC 2 8. . . . . 3397.DOC . Councilmember Mader said that a Public Hearing on several items at once could be confusing. rfthere were more than one hearing, it could work out better. . Councilmember Kedrowski said there was only three projects that would be addressed, and very few residents are involved with two of them. . City Manager Boyles suggested that each item would be explained, and there would be an itemized agenda, so it should go smoothly. . Councilmember Mader expressed concern that citizens would have the opportunity to speak. . Acting Mayor Schenck called the question. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. NEW BUSINESS: Item 8E, Resolution 97-18 Denying an Appeal from the Decision of the Zoning Officer Relating to Home Occupation was moved to the first item of New Business by General Consent. City Manager Boyles introduced the item and noted that a letter had been received from former Assistant Planner Deb Garross. Planning Director Rye explained the background. The home owner is operating a home vending business, and has not obtained a home occupation permit. There is no documentation of approval on file that the Michaels ever applied for a home occupation permit. The City received a complaint in October of 1996. In December of 1996, the City requested that Mr. Michael apply for a permit or cease operation of the home occupation. This was to set the process in motion that would allow Mr. Michael the opportunity to appeal the Zoning Officer's decision. Mr. Michael is appealing on grounds of the interpretation of the ordinance. Staff has concluded that Mr. Michael is required to obtain a home occupation permit or cease operation of the home occupation. The present activity cannot be "grandfathered in" because there is no record of any such permit being approved in the past. Jim Bates of Huemoeller & Bates, attorney for Mr. Michael, noted that the Planning Commission recommendation was that it be grandfathered in. The business has existed since 1989, it should be assumed that it was thought to be in conformance during that time. He said it is ridiculous to assume that the list of home occupations in the zoning ordinance that existed then, while it lists home occupation, would exclude all those occupations not on the list. He said there was minimal delivery activity, no change to the residential character of the neighborhood. There was only one employee and very infrequent deliveries. 3 · Councilmember Mader questioned the relevancy of those points. The real issue, he said, was whether the use conformed when the business was started. He asked for the City Attorney's opinion. · City Attorney Pace said it was her opinion that the Michaels position if extended could reach absurdity. She said she does not support the issue that the 1989 ordinance "other than those listed.." meant that they did not need a permit. The question for the City Council is whether warehousing is a permitted use. She noted that Deb Gaross' letter had not been reviewed by the Planning Commission. · Attorney Bates said that businesses not listed in the ordinance are not clearly subject to the zoning ordinance. Also, the City added warehousing. He objected to the introduction of Deb Garross' letter. He said that his client, Mr. Michael, had told the Planning Commission that he spoke with "someone" in the Planning Department, who he "thought" was Deb Garross. · Councilmember Kedrowski asked Planning Director Rye if food storage required a special license from the Department of Agriculture, or if the City was responsible. . Planning Director Rye said the City was not responsible for that type oflicensing · Councilmember Kedrowski asked Attorney Bates if Mr. Michael had a license for warehousing food. · Attorney Bates said that was a "red herring" to bring this up now, it was irrelevant. · Councilmember Kedrowski said it was relevant because the City was being asked to grandfather. · Councilmember Schenck said he recalled a similar case in which a commercial truck was stored at a residence. The intent of this kind of zoning ordinance is to separate businesses from residences. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 97- 19 DENYING AN APPEAL FROM A DECISION OF THE ZONING OFFICER RELATING TO A HOME OCCUPATION. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Schenck asked would there be a time frame, six months or so, to wind down use? . Planning Director Rye said he was not sure, the resolution would take effect immediately, so it would be illegal for him to operate out of home. 3397.DOC 4 MOTION KEDROWSKI SECOND MADER FOR CITY STAFF, MR. MICHAEL AND HIS ATTORNEY TO MEET AND ESTABLISH A TIME FRAME FOR COMPLIANCE WITH THE RESOLUTION, AND REPORT THIS AT THE FIRST MEETING IN APRIL. Upon a vote, ayes by Kedrowski, Mader, and Schenck the motion carried. A. Consider Approval of Resolution 97-14 Approving Preliminary Plat for "Maple Hills 2nd Addition" . City Manager Boyles introduced the item. The item was first considered on September 16, 1996 and tabled to October 7, 1996 to allow the City Attorney to comment on whether or not the plat can be denied because utilities were not immediately available. It was tabled on October 7 so that it could be considered concurrently with the preliminary plat of Knob Hill North. . Councilrnember Mader asked why the Planning Commission action was not unanImous. . Planning Coordinator Kansier said the issue was timing. MOTION KEDROWSKI SECOND MADER TO APPROVE RESOLUTION 97-14 APPROVING THE PRELIMINARY PLAT FOR MAPLE HILLS SECOND ADDITION. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Ordinance 97-XX Rezoning Property from C-1 (Conservation) District to R-l (Suburban Residential) District and Resolution 97-15 Approving the Plat for "Knob Hill North". . City Manager Boyles introduced the item. The ordinance is recommended to be tabled to the March 17 meeting when there are four Councilmembers present. He recommended acting on the resolution subject to approval of zoning. . City Attorney Pace explained that they would have 45 days to OK zoning, or the resolution approving the preliminary plat would be null and void. MOTION KEDROWSKI SECOND MADER TO TABLE ORDINANCE 97-XX REZONING PROPERTY FROM C-l TO R-1 DISTRICT. Upon a vote, ayes Kedrowski, Mader, and Schenck, the motion carried. . Planning Coordinator Kansier read revised language to resolution, which added the condition of rezoning within 45 days. MOTION KEDROWSKI SECOND MADER TO APPROVE RESOLUTION 97-15 AS REVISED BY STAFF. 3397.DOC 5 Upon a vote, ayes Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Ordinance 97-XX Rezoning Property from A-I (Agricultural) District to the R-l (Suburban Residential) District and Resolution 97-16 Approving Preliminary Plat for "Windstar Addition". . City Manager Boyles introduced the item, noting it was similar to 8B. MOTION KEDROWSKI SECOND MADER TO TABLE ORDINANCE 97-XX REZONING PROPERTY FROM A-I TO R-l DISTRICT. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. . Planning Coordinator Kansier read the revised language for the resolution, as per 8B. She reviewed the related issues and recommendations for another action to approve the Wetland replacement plan. MOTION MADER SECOND KEDROWSKI TO APPROVE RESOLUTION 97-16 APPROVING THE PRELIMINARY PLAT FOR "WINDSTAR ADDITION" AS REVISED BY STAFF. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. MOTION KEDROWSKI SECOND MADER TO APPROVE RESOLUTION 97-17 APPROVING THE WETLAND REPLACEMENT PLAN AS REVISED BY THE CITY ATTORNEY. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. D. Consider Approval of Resolution 97-XX Approving Conditional Use Permit for Buckingham Recycling, Inc. . City Manager Boyles introduced the item. The business has been operating at the existing site since 1995, and subsequent amendments to the Zoning Ordinance have allowed for such facilities upon approval of a Condition al Use Permit. The Planning Commission has unanimously recommended approval of this CUP. MOTION KEDROWSKI SECOND MADER TO APPROVE RESOLUTION 97-19 APPROVING CONDITIONAL USE PERMIT FOR BUCKINGHAM RECYCLING, INC. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. The Council recessed into Executive Session at 9:04. 9. OTHER BUSINESS: 3397.DOC 6 A. Executive Session to Discuss Pending Litigation The Council returned from Executive Session at 9:36. MOTION APPROVING 97-XX REQUESTING REPRESENTATION AND AUTHORIZING APPEAL OF MPRS LITIGATION. Upon a vote, ayes by Kedrowski, Mader, and Schenck, the motion carried. . City Manager Boyles noted the joint CC / Advisory Committee Meetings. At these meetings, Council will discuss 1997 Top Priority Objectives and answer questions on issues that may be important to commissions. The first meeting is March 24th, 5- 6:30. It is a joint City Council/Planning Commission meeting. April 7th is the Parks Advisory Committee meeting. . Councilmember Kedrowski asked about Joint meetings with the County, School District, Watershed District. City Manager Boyles said they were being planned. . City Manager Boyles said the Second Developer Feedback Session went well and a 3rd session would be scheduled. The CSAH 42 corridor study is being discussed. . City Attorney Pace said they were completing the first draft of the new Animal Control Ordinance. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT f g was adjourned at 9:44 by General Consent. Recording Secretary 3397.DOC 7