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HomeMy WebLinkAbout011795 Regular Forum 7:00 p.m. - 7:30 p.m. REGULAR COUNCIL MEETING AGENDA January 17, 1995 1. CALL TO ORDER ........... i ............ 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Warden Report c. Consider Approval of Building Report d. Consider Approval of Fire & Rescue Report e. Consider Establishment of Tax Increment Financing District No. 2-3 (Metro Cabinets/American Glass) for the Construction of a 10,000 Square Foot Building in Waterfront Passage Addition. f. Consider Approval of Purchase of Two Squad Cars Under State of Minnesota Cooperative Purchasing. g. Consider Approval of Eminent Domain Procedures To Acquire Right-of-Way for Northwood Road Improvement. h. Consider Approval of 1995-1996 Joint Powers Agreement for Traffic Markings, Street Sweeping, Crack Sealing and Sealcoating. i. Consider Approval of Treasurer's Report 5. PRESENTATIONS: A. Mary Beth Onkka, Housing and Redevelopment Authority Representative will be updating the Council on the HRA. B. Consider 1995 Participation in the Association of Metropolitan Municipalities. 6. PUBLIC HEARINGS: A. Conduct Vacation Hearing for Lake Access on Lord's Street. 7. OLD BUSINESS A. Consider Petition From Charles Prindle et. al to Order Feasibility Report for Road Improvement Project. 16200 Eagle Creek Ave,, Prior Lake, Minnesota 55372 1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER B. Consider Approval of Revision In Developer's Security Requirements. C. Consider Review of Ordinance 94-01, Setbacks for Wetlands, to Determine the Impact upon Park Dedication Requirements. 8, NEW BUSINESS A. Consider Request from Prior Lake Development LP to Amend the Wilds PUD Amendment for Outlot L - Sterling North and South. 9. OTHER BUSINESS A. 10. ANNOUNCEMENTS/CORRESPONDENCE A. 11, ADJOURNMENT A11795,WRT MINUTES OF THE CITY COUNCIL Tuesday, January 17, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Tuesday, January 17, 1995 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Kedrowski, Scott and Schenck, City Manager Boyles, Public Works Director Anderson, Assistant City Manager Carlson, Planning Director Rye, Assistant Planner Garross, Parks and Recreation Director Mangan, Attorney Rathke and Recording Secretary Birch. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - MOTION BY GREENFIELD, SECONDED BY SCOTF, TO APPROVE Minutes THE MINUTES AS SUBMITTED. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid Invoices b. Consider Approval of Animal Warden Report Dog Catcher Rpt Bldg. Permit Rp c. Consider Approval of Building Report Fire & REscue d. Consider Approval of Fire & Rescue Report Rs for TIF e. Consider Approval of Resolution for Establishment of Tax (Metro Cabinet) Increment Financing District No. 2-3 (Metro Cabinets/American & American Glas~ Glass) for the Construction of a 10,000 Square Foot Building in Rs 95-03 Waterfront Passage Addition. f. Consider Approval of Purchase of Two Squad Cars Under State of Purchase 2 squa, Minnesota Cooperative Purchasing. cars g. Consider Approval of Resolution Authorizing Eminent Domain Eminent Domain Procedures To Acquire Right-of-Way for Northwood Road Northwood Rd RS 95-04 Improvement. h. Consider Approval of 1995-1996 Joint Powers Agreement for 1995-1996 Joint Powers Agr. Traffic Markings, Street Sweeping, Crack Sealing and Sealcoating. Treasurer's Rep1 i. Consider Approval of Treasurer's Report MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO Consent Agenda APPROVE CONSENT AGENDA ITEMS (a) THRU (i). 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN E~AL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes January 17, 1994 Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. 5. PRESENTATIONS: A. Mary Beth Onkka, Housing and Redevelopment Authority ~ous±ng Representative, presented an update to the Council with respect to Redevelopment the activities of the HRA. Bill Jaffa, Executive Director of the HRA, Authority Representative briefly discussed the Redi-Mix property, development possibilities Reports associated with the property and other preliminary programs, financing, etc. Mary Beth Onkka discussed the need for Iow and moderate income housing, transitional housing, housing for the elderly, assisted living and support services. Mayor Andren thanked Ms. Onkka and Mr. Jaffa for their presentations. B. Consider 1995 Participation in the Association of Metropolitan ~ participatior Municipafities.- City Manager Boyles briefly reviewed the purpose of the AMM and introduced David Childs, Membership Chairman of the AMM, who addressed the Council with regard to benefits available to Prior Lake as a participating member of the AMM, and gave a brief background of the organization and its function. Vern Peterson, Executive Director, discussed areas in which the member cities and specifically Prior Lake have benefited by the AMM's endeavors before the legislature and the Metropolitan Council. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE PAYMENT OF THE 1995 AMM DUES. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. Mayor Andren thanked David Childs, Vem Peterson and Roger Peterson for being present at the meeting to discuss this subject. 6. PUBLIC HEARINGS: A. Conduct Vacation Hearing for Lake Access on Lord's Street and Lord's Street Consider Resolution Vacating the Access. Mayor Andren called the Access Yacat±on public hearing to order and read the notice as it appeared in the Prior Lake American on January 7 and 14, 1995. Mayor Andren explained the process of the public hearing. Lanol Leichty, Water Resources Coordinator, summarized the results of the Lake Advisory Committee's access survey and resulting actions by the City Council at the public hearing held on November 21, 1994. The DNR did registered objections to the proposed vacation, and resident, Tom Schlick, 15213 Edgewater Circle, left a message with Mr. Leichty stating that he supports the vacation. -2- Prior Lake City Council Minutes January 17, 1994 Mayor Andren opened the meeting for public comment, the following persons spoke: -- Dan Borchardt, 1905 Main Avenue - discussed ownership of the property. -- Bruce Ericks0n, 16313 Northwood - submitted a petition from the Spodsmans Club objecting to the vacation and discussed ownership of the property. -- Frank Anderson, 14291 Shady Beach, expressed concern over the closing of public accesses. -- Gary Glenna, 4606 Lords Street, supported the vacation of the access, -- Walter Jobst, 15110 Martinson Island Road, supported vacation of the access. -- John Jorgensen, 7256 Casey Parkway - objected to closing the access. -- Doug Brinkman, 4575 Lords Street - supported the vacation. -- Gale Klingberg, 17187 Langford Blvd. - objected to the vacation. -- Glen Klingberg, 15855 Fremont Avenue, NW. - objected to the vacation. -- Paula Schluck- supported the vacation. The public comment portion of the meeting was closed. Council discussion occurred on whether or not to vacate the access. Councilmember Schenck expressed concern over the vacation, possible reprisals and anticipated increase in volume of police calls. City Attorney Rathke stated that in his opinion any member of the Sportsmans Club could legally use the access providing they receive a legal prescriptive easement on the property. Councilmembers Greenfield, Scott, Andren and Kedrowski all expressed the opinion that it was in the city's best interest to vacate the access. MOTION BY SCOTT, SECONDED BY GREENFIELD, TO ADOPT Lord's Street THE RESOLUTION PROVIDING FOR VACATION OF LORD'S Access Vacation STREET ACCESS AS AMENDED. Rs 95-05 Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO close of?H CLOSE THE PUBLIC HEARING. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD FOR A FIVE MINUTE RECESS, -3- Prior Lake City Council Minutes January 17, 1994 Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. Mayor Andren stated that she was vacating the chair for the next agenda item due to possible conflict of interest. The meeting reconvened at 9:15 p.m. 7. OLD BUSINESS A. Consider Petition From Charles Prindle et. al to Order Feasibility Report for Road Improvement Project. Acting Mayor Kedrowski opened the meeting due to the fact that Mayor Andren had vacated her chair during this discussion. City Manager Boyles stated that the Council's policy for accepting a petition for a feasibility study requires the signature of 35% of the property owners and that the Prindle's petition was signed by only 25% of the property owners. Council should determine if property owners must assume the cost of the feasibility study should Council approve the petition with less than the 35% required. Public Works Director Anderson presented an overhead of the area under discussion, and stated that there are two methods by which feasibility study projects can be initiated: (1) By petition format which requires at least 35% of real property owners signing the petition, and, (2) An improvement project and feasibility study can be initiated by the City Council. Council's policy has been that if it has not been supported by 35% of the property owners, the feasibility study does not take place. Mr. Anderson entered into the record a fax from Genevieve Bolger stating that she does not support the request. A representative of the Prindles, Miles Lindberg from BRW, discussed the petition request, the proposed street location, the proposed plat, and reviewed the historical aspects of the property under discussion. Mr. Lindberg also presented a second plan as another option. The following persons addressed the Council: Dick Bolger, representing the Bolger family of Meadowlawn, Lots 3 and part of lot 6, objected to development of the property at this time. Bill Prindle, Route 1, Box 55, Gary, South Dakota, brother of petitioner, Charles Prindle, stated that the Prindles have been paying assessments for water and sewer, and have no access to the land (except over Mrs. Bolger's property). Fanny Griffith, 1425 West 28th Street, Apt.402, Minneapolis, owner of Lot 1, and part owner of the 80 acres objected to platting the land into subdivided lots. Discussion occurred regarding the 35% requirement of property owners who signed the petition. Discussion occurred on the -4- Prior Lake City Council Minutes January 17, 1994 prospect of an assessment appeal which could be based on (1) the property is not suited for the development or, (2) that the cost of the development exceeds the b~lflefit realized by the properties. Further discussion occurred with regard to an appraisal and whether the petitioners are willing to pay for the appraisal fee. MOTION BY GREENFIELD, SECONDED BY SCOT-r, TO DENY Denial of Prindle THE PETITION FOR A FEASIBILITY STUDY BASED ON THE petition for FACT THAT IT DOES NOT MEET THE COUNCIL'S POLICY feasibility WHICH REQUIRES THE SIGNATURE OF 35% OF THE REAL study. PROPERTY OWNERS ON THE PETITION. Upon a vote taken, yeas by Kedrowski, Greenfield, Scott and Schenck. The motion carried. Andren did not participate since she had vacated the chair. A short recess was called. The meeting reconvened at 10:40 p.m. The Mayor returned as Chair. B. Consider Approval of Revision In Developers Security Requirements. City Manager Boyles reviewed Council's January 3, 1995 directive regarding changes in the wording of the Agreement. Assistant Engineer Loney discussed the changes and safeguards which had been included in the document, and answered several questions from Councilmembers. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, Amendments to APPROVING THE AMENDMENT TO THE DEVELOPER'S Developer AGREEMENTS AS DISCUSSED, AND APPROVING THE USE security Agreemen OF THE WARRANTY BOND TO BE PREPARED BY STAFF AND REVIEWED BY THE CITY ATFORNEY. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. Due to the lateness of the hour, Council moved on to Item 8 A - under new business. C. Consider Review of Ordinance 94-01, Setbacks for Wetlands, to Ordinance Determine the Impact upon Park Dedication Requirements. Parks for Setbacks for Wetlands and Recreation Director Mangan discussed the pros and cons of and impact using the standard policies for obtaining park land dedications on park dedicati, under the subdivision ordinance or the PUD requirements, requirements Questions arose as to whether or not the gross areas calculated included wetlands. Mr. Mangan cited examples of existing park land in recently developed subdivisons. Discussion occurred regarding active play areas, the percentage of park dedication requested from developers and whether to include swampy areas. -5- Prior Lake City Council Minutes January 17, 1994 MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO TABLE THIS ITEM TO A TIME CERTAIN AND DIRECT STAFF TO Ta'o~_e to time CHECK WITH OTHER COMMUNITIES TO GET THEIR certain - PERSPECTIVE AND COMPARE THEIR POLICIES TO WHAT Motion fa±led THE CITY OF PRIOR LAKE IS DOING AND DETERMINE THEIR REQUIREMENTS FOR PARK LAND DEDICATION, USE OF WETLANDS, MARSHES, ETC. City Manager Boyles suggested Council have a target which could be: What kind of parks does the city want to be able to provide for each subdivision? How large must that park be? Should our standard be two playfields for each 60 unit subdivision, a 120 unit subdivision? Should it be accompanied by a one acre or two acre tot lot? If Council agrees on those standards, then it is easy for staff to determine the process to arrive at these standards. Bill Mangan stated that the city has developed standards which are outlined in the 20'10 Comp Plan. Planning Director Rye stated that in light of recent Supreme Court decisions there must be a very close connection between dedication requirements and needs and demands generated by that particular development which requires the dedication. City Manager Boyles clarified the intent of Council as follows: What are the park dedication requirements of other communities? What are the target dates needed for parks given a certain size subdivision? What is the existing policy versus the proposal? After discussion, Greenfield withdrew his second. Councilmember Kedrowski did not withdraw his motion, and Councilmember Schenck then seconded the motion as stated above. Upon a vote taken, yeas by Kedrowski, and Schenck, nays by Andren, Greenfield and Scott. The motion failed. MOTION BY GREENFIELD, SECONDED BY SCOTT, Park Dedication DIRECTING STAFF TO: (1) INVESTIGATE PARK DEDICATION Requ±rements REQUIREMENTS OF OTHER COMMUNITIES; (2) LOOK AT OTHER PARK ACREAGE NEEDED FOR AN AVERAGE SUBDIVISION; AND (3) WHAT DOES THE EXISTING POLICY GENERATE VERSUS THE PROPOSED POLICY. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. 8. NEW BUSINESS A. Consider Request from Prior Lake Development LP to Amend the Wilds PUD Amendment for Outlot L - Sterling North and South. Assistant Planner Garross gave a brief overview of the requested amendment to the PUD. -6- Prior Lake City Council Minutes January 17, 1994 MOTION BY KEDROWSKI, SECONDED BY SCO'l-r, TO APPROVE Wilds PUD THE RESOLUTION AND AMENDMENTS TO THE WILDS PUD 9-93 Amendment and FOR OUTLOT L, STERLING NORTH AND STERLING SOUTH. Resolution 95- Sterling North Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and and South for Schenck. The motion carried unanimously, outlot L RS 95-06 Ms. Garross discussed the upcoming requests from Prior Lake LP for a PUD amendment on the following: Change in club house from a permanent structure to a temporary structure, the deletion of a hotel, conference center and restaurant to condominiums, change from strip shopping mall to cabins, setback changes, fencing in the maintenance areas, re-configuration of second phase of development from shopping and nursery to two acres of open space and 8 acres of high density multi family units. Tim Jacobs, Wilds representative, stated that the golf course will open on June 19. 9. OTHER BUSINESS A. Items discussed under other business are as follows: City Manager Boyles reviewed the workshop agenda and discussed the following topics: -- Recent update memo, investment report, municipal lease obligations, property taxation letter, arbitration award for Police Officers and the joint powers agreement for Westbury Ponds. MOTION BY GREENFIELD, SECOND BY KEDROWSKI TO ~Toint ~'owers DIRECT STAFF TO INVESTIGATE THE STATUS OF A JOINT agreeaent betwee~ POWERS AGREEMENT BETWEEN THE SCHOOL DISTRICT School Dist & AND THE CiTY WITH REGARD TO WESTBURY PONDS. City RE: West- bury Ponds. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. Adjourn MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO ADJOURN THE MEETING. Upon a vote taken, yeas by Andren, Kedrowski, Greenfield, Scott and Schenck. The motion carried unanimously. -7- Prior Lake City Council Minutes January 17, 1994 10. ANNOUNCEMENT~CORRESPONDENCE 11. ADJOURNMENT There being no further business the meeting adjourned at 12:05 a.m. 9~~ The next Council meeting will be Monday, 1 C ity,[~ a..g~9 r/ I~ecording Secretary M11795.WRT -8-