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HomeMy WebLinkAboutAgenda & Minutes REGULAR COUNCIL MEETING AGENDA Date: July 7, 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 Animal Warden Report for May, 1997. C. Consider Approval of Change Order to Northwood Road Project in the amount of $4,633 to Install a Retaining Wall. 5. PRESENTATIONS: A. Prior Lake Boy Scout Troop 331 1) Flag Ceremony 2) Proclamation by Mayor Andren Recognizing 50th Year 3) Presentation from the Boy Scouts 6. PUBLIC HEARINGS: A. Consider Approval of Petition by Shamrock Development to Vacate Utility and Drainage Easements in Outlot E Wilds Second Addition. 7. OLD BUSINESS: .>/~ A. Consider Approval of Resolution 97~ Approving Plans and Specifications and Ordering Advertisement for Bids on 1997 Capital Improvement Projects: 1) 97 -02 Fish Point Road 2) 97-17 Pike Lake Trail 3) 95-07 Mushtown Road B. Consider Approval of Ordinance 97-XX Amending the Zoning Ordinance and City Code Relating to the Conversion of Existing Decks not Meeting Required Setbacks to Three Season Porches. S 1. c. Consider Approval of Resolution 97-XX Authorizing Payme~t for an Easement on the Proposed Regional Water Quality Pond as Part of the CSAH 42 Upgrade Project. 8. NEW BUSINESS: 162m1diagle 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-:x:K Authorizing and Approving Participation in Cooperative Activities ofMPRS. tj:J/,,:~ B. Consider Approval of Resolution 97-X)t Approving Final Plat and Developers Agreement for Knob Hi1l2nd Addition't; C. Consider Approval of Resolution 97-~ Approving Final Plat and Developers Agreement for North Shore Oaks 7th Addition D. Consider Approval of Resolution 97-XX Approving Final Plat and Developers Agreement for Raspberry Ridge Third Addition. E. Consider Approval of Recommendation from Subcommittee to make Appointments to the Planning Commission and Economic Development Authority 9. ITEMS REMOVED FROM CONSENT AGENDA 10. OTHER BUSINESS: 11. ANNOUNCEMENTS/CORRESPONDENCE 12. ADJOURNMENT 7797.DOC .1 REGULAR COUNCIL MEETING MINUTES Date: June 16, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:30 p.m. Present were: Mayor Andren, Councilmembers Kedrowski and Schenck, City Manager Boyles, Assistant City Manager Woodson, City Attorney Pace and Attorney Brokl, Planning Director Rye, Planning Coordinator Kansier, Planner Tovar, Public Works Director Ilkka, Public Works Supervisor Hartman, Assistant City Engineer McDermott, and Fire Chief Chromy. Councilmember Mader was absent. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: The following changes were made: . Mayor Andren said the vote on page 7 under resolution 97-47 should be struck since it was in there twice. . Counci1member Kedrowski said on page 3 it should be noted that he was the one who suggested mailing the management letter to those who attended the Truth in Taxation hearing. . City Manager Boyles said Matt Brokl should be listed as present as City Attorney. . Mayor Andren said it was Beth "Brazier", not "Graser" on Parking Issue. MOTION SCHENCK SECOND KEDROWSKI TO APPROVE THE MINUTES OF THE JUNE 2 CITY COUNCIL MEETING AS AMENDED. Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Fire Call Report for May. D. Consider Approval of Liquor License Renewals E. Consider Approval of Refuse Hauler License Renewal F. Consider Approval of Consent to MSA, Consulting Engineers Assignment of Contracts to Howard R. Green Company. 16200 Eag~roreek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4417-4245 AN EQUAL OPPORTUNITY EMPLOYER G. Consider Approval of Planning Commission Recommendation for Planning Commission Chair. H. Consider Approval of Building Permit Report for May, 1997. . Councilmember Kedrowski asked that item 4D) be removed from the Consent Agenda for discussion. MOTION KEDROWSKI SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA ITEMS A, B, C, E, F, G, H. Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. 5. PRESENTATIONS: A. Mayor Andren will Present Plaques to Retiring Firefighters . Bill Slipher - 28 years . Al Borchardt - 21 years (6 years as Chief) . Jerry Mahoney - 15 years . Fire Chief Chromy honored the three volunteer firefighters. They had 64 years of combined experience. He said each of the firefighters helped make the Fire Department what it is today. Mayor Andren presented the plaques and thanked the firefighters on behalf of the Citizens of Prior Lake and the City Council for their dedication and service to the City. 6. PUBLIC HEARINGS: A. There were no public hearings. 7. OLD BUSINESS: A. Consider Approval of Resolution 97-51 Denying an Appeal by Pinnacle Partners of the Planning Commission Denial of Variances to the Setback from the Top of Bluff and Variance to allow Construction within the bluff Impact Zone for Property Located at 15408 Red Oaks Road. . City Manager Boyles distributed a revised Resolution to the Council which no longer reflected the variance from the Ordinary High Water Mark since the Council amended the setback from 75 feet to 50 feet. 61 697. DOC 2 61697.DOC . Planner Tovar gave the staff report on the item, describing the variances requested. The planning commission denied the variance from the ordinary high water mark and the variance from the construction within bluff impact zone. The Planning Commission denied the variances based on no proof of hardship as required by City Code. The house could be designed to comply with the setbacks. . Mayor Andren asked for public input, and said it would be limited to three minutes per person. . Bud Waund of 15196 Edward Circle said others will be speaking on this tonight. He said there was a hardship caused by the provisions of the ordinance. He said there was a list of property owners involved, on Fairlawn Shores, Lakeside Avenue, Quaker Trail, Edinborough, Forsythe, Fish Point Road, and Red Oaks. He said there were over 160 total properties on the lake affected by the City's bluff ordinance provisions. He said there were other lots that are the same size but can have bigger houses because they are not affected by the bluff provisions. . Planner Tovar said Mr. Waund was comparing lots with those that did not have bluff restrictions imposed on them, so the comparison is not valid. . John Milde of 21891 Wagon Wheel Trail in Lakeville said he closed on Pinnacle Partners property on October 31, 1996. He said he waited until other properties on the lake closed. He got a demolition permit for the old structure on the lot. He was notified they were in violation of the bluff impact zone. He said they are problem solvers, not creators. He said they want to work with the community to fit the houses in. He said they revised the plan 3 or 4 times. Drainage problems are always present, and they worked with neighbors to assure compatibility. The criteria of the bluff ordinance should not be applied to already platted lots. This is creating hardships for all who need to move ahead. He said he applied for permit in February 1997 and has been working on this issue since. He said these hardships are not unique to this lot, and there will be more like this. . Don Hall of 15739 Fish Point Road said he appraised real estate in Prior Lake. This ordinance impacts new and old platted lots. There will be a lot of newer homes being built which will be affected. . Marv Mersh of 2260 Sergeant wants to build a house on this lot. He said people in the neighborhood have been hostile. He said he was told if you 3 61697.DOC live on a bluff, you should expect your land to have a lower value. He showed a plat from 1930. He explained the history of altering bluffs on this block and its impact. Homeowners complied with the 75' setbacks, and it is now moved to 50'. He shared a statement from the Department of Natural Resources regarding flexibility of shoreline. . Dan Heinecke of 15398 Red Oaks Road said he knows nothing about the past, and does not have a drainage problem now, but if a 1,200 square foot house is put next to a 900 square foot house, there may be a problem. There should be a happy medium. . Loren Jones of 5282 Candy Cove Trail said it impacted his property, now dead in the water. It is located in bluff. He wants to rebuild but won't be able to with the current situation, and many more people have the same concern. . Hunt Russell of 15402 Forsythe said it was unknown to him about the Bluff Provision. He said he would not be able to build now, with this prOVIsIOn. COUNCIL DISCUSSION: . Mayor Andren said in 1989 each City was required to develop a Shore1and Management Ordinance by the State DNR. Hearings were held at the Capital on Bluff Impact Zones, etc. She said her understanding is that these are DNR Standards and the City has to enforce them. She said there are many other issues that create problems with lot size, etc. She said the top of the bluff is the issue. The City Code hardship criteria must be met for a variance to be approved and the criteria are specifically spelled out in the report and resolution. . She said public hearings will be held to receive input on new Zoning Ordinances in August regarding this issue. She said she strongly suggested that these residents attend that public hearing. She said when the current ordinance was adopted, there were many Public Hearings. If they want to attend the August hearings, they should get specific to these two variance issues. The DNR letter was read from the staff report. . Councilmember Kedrowski said he appreciates the public input. He said he would also encourage the public to attend the public hearing. He said 4 I.Jr~- lI'lil 61697.DOC there was no compelling argument to grant the variance. The lot cannot take the huge house like the one proposed. . Counci1member Schenck said he thought Pat Lynch's response was compelling. He said when the City passed the 50' setback, no one came in and talked about it. He said the bluff issue affects many people. He said only once were safety and soil issues discussed. The City may be in a legal bind if something wrong is done. . Mayor Andren read each of the ordinance criteria for variance and reported that the request did not meet the criteria. The criteria are part of the staff report and resolution. MOTION KEDROWSKI SECOND SCHENCK TO ADOPT RESOLUTION 97-51 DENYING AN APPEAL BY PINNACLE PARTNERS OF THE PLANNING COMMISSION DENIAL OF V ARIANCES TO THE SETBACK FROM THE TOP OF BLUFF AND V ARIANCE TO ALLOW CONSTRUCTION WITHIN THE BLUFF IMPACT ZONE FOR PROPERTY LOCATED AT 15408 RED OAKS ROAD. Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. B. Consider Approval of Cable Television Report . City Manager Boyles presented the staff report. He discussed issues from the report, including graphics and audio concerns. There would be three 27" monitors for the Council to view. There will be audio mixers and speakers for better sound quality. He provided a list for equipment from A VW. He said he will need to prepare specifications and proceed through the competitive bid process to acquire this equipment. . Councilmember Kedrowski asked wh:o would run the camera. . City Manager Boyles said a trained independent contractor would be hired at $12 per hour. Operating the cameras would cost about $1,000 to $1,200 per year for the City Council meetings only. . Counci1member Schenck asked if there would be video or audio record. 5 · City Manager Boyles said video tapes could be used to do both, since they can be readily duplicated this would fulfill the Council's earlier direction about making copies available to the public. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE CABLE TELEVISION REPORT. Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. C. Consider Approval of Amended Developers Agreement for the Development of 1.78 acres of Land in the Waterfront Passage Business Park. · City Manager Boyles introduced the issue. He said at the EDA meeting tomorrow, this would be further discussed regarding lot size and building SIze. . Mayor Andren said she understood the changes to be the purchaser, Mr. Hanson rather than Mr. Anderson, the lot size: 1.78 acres not 1.65 and building size 25,000 rather than 12,000 square feet. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE AMENDED DEVELOPERS AGREEMENT FOR THE DEVELOPMENT OF 1.78 ACRES OF LAND IN THE WATERFRONT PASSAGE BUSINESS PARK. Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. D. Consider Approval of Ordinance 97-XX Amending the Zoning Ordinance and City Code Relating to the Conversion of Existing Decks Not Meeting the Required Setbacks to Three-Season Porches. . This item was deferred to the July 7th City Council meeting, because it requires four votes. 8. NEW BUSINESS: A. Consider Approval ofMVTA Operational Levy Request. 61697.DOC 6 . City Manager Boyles introduced the item. The City may levy or the Metropolitan Council can levy. The advantages and disadvantages of each were identified. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 97-52 APPROVING THE MVTA OPERATIONAL LEVY REQUEST. Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. B. Consider Approval of Method for Filling Councilmember Vacancy. . City Manager Boyles introduced the item. . Counci1member Schenck recommended that two people be appointed for the review committee, Mayor Andren and Councilmember Kedrowski. MOTION SCHENCK SECOND KEDROWSKI TO APPROVE THE METHOD FOR FILLING THE COUNCILMEMBER VACANCY AND APPOINT MAYOR ANDREN AND COUNCILMEMBER KEDROWSKI AS THE REVIEW COMMITTEE FOR APPLICANTS. Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. c. Consider Approval of Resolution 97-50 Authorizing Restrictions of Lawn and Garden Sprinkling and Other Outdoor Uses. . City Manager Boyles introduced the item. An updated chart of water usage was distributed. High water use is pushing the system very hard. Even/odd outdoor use restrictions were recommended after notice given by postcards. The ordinance needs to be updated as well. One option is to have year around even/odd restrictions. . Counci1member Kedrowski asked if the ordinance was current. . City Manager Boyles said current ordinance requires a Council resolution to invoke water restrictions. The proposed even/odd restrictions are until further notice. Ordinance amendments will be proposed by staff. 61 697. DOC 7 MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 97-50 AUTHORIZING RESTRICTIONS OF LAWN AND GARDEN SPRINKLING AND OTHER OUTDOOR USES. Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. D. Consider Approval of Report Reviewing Certificate of Survey Requirements for Building Permits. . City Manager Boyles introduced the item. The Council directed that a report be completed. The report addresses five areas. He reviewed each of the recommendations which liberalize current City requirements for survey and asked if the staff should proceed with the recommendations, by putting them into an ordinance. . Counci1member Kedrowski asked about item "C", surveys In the Shore land area. . Planning Coordinator Kansier said it must be signed by a Registered Land Surveyor. . City Attorney Pace clarified that this was correct. Two additional areas focus on people who want to build decks and the survey requirement. . Acting Building Official Scherer gave an example where someone may need a survey for deck construction and spend $700 on the deck, and need $700 for a survey. . Planning Coordinator Kansier said the proposed changes will make it easier for residents but still allow the City policies to be met. . Counci1member Schenck said he wants the requirements to be more user