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Home My WebLink About071995 Regular OPEN FORUM- 7.'00 P.M. REGULAR COUNCIL MEETING AGENDA July 17, 1995 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 c) Consider Approval of Building Permit Report d) Consider Approval of Fire and Rescue Report e) Consider Approval of Treasurer's Report f) Consider Approval of Investment Report g) Consider Approval of Second Quarter Budget Report h) Consider Approval of 3.2 Intoxicating Malt Liquor License and Fee Waiver for Lakefront Days. i) Consider Approval of Renewal of Refuse Hauler Licenses for Knutson Service, Inc. j) Consider Approval of 3.2 Liquor License for Extra Innings Women's Softball For August 6, 1995. 5. PRESENTATIONS: A. Prior Lake Area Chamber of Commerce Donation of $2,700.00. 6. PUBLIC HEARINGS: 7. OLD BUSINESS: A. Consider Approval of Resolution 95-62 Awarding Bid for Civil Defense Sirens. B. Consider Approval of Request by John Mesenbrink to Allow The Platting of Woodridge Estates 3rd Addition Without Construction of Mushtown Road. A71795.DOC 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 Request by John Mesenbrink to Allow The Platting of Woodridge Estates 3rd Addition Without Construction of Mushtown Road. C. Consider Approval of Resolution 95-64 Amending Policy Resolution 78-1 Requiring Certified Lot Survey Upon Application for Building Permit. D. Consider Approval of Resolution 95-65 Directing Staff to Prepare Feasibility Report for Upgrade of Mushtown Road (Project 95-07) and Authorize MSA Consulting Engineers to Prepare the Feasibility Report. 8. NEW BUSINESS: A. Consider Approval of Resolution 95-61 Awarding Bid for Auditing Services for 1995, 1996 and 1997. B. Consider Approval of Ordinance 95-11 Amending Title 11, Chapter 3, Section 4 of the Prior Lake City Code Relating to Off The Road Vehicles; Combustion Engines. C. Consider Approval of Proposal to Record Variances and Conditional Use Permits. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT - The meeting will adjourn to Executive Session to Discuss Labor Relations Issues. A71795.DOC Minutes of the Prior Lake City Council, July 17, 1995 REGULAR COUNCIL MEETING July 17, 1995 h CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, July 17, 1995 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmenbers Greenfield, Kedrowski, Schenck and Scott, City Manager Boyles, Planning Director Rye, Parks and Recreation Director Hokeness, Assistant Planner Garross, Public Works Director Anderson, Attorney Rathke and Recording Secretary Birch. 2. PLEDGE OF ALLEGIANCE -Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. Minutes 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES - There were no additions or deletions. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Scott abstained as she had been absent at the last meeting. 4. CONSENT AGENDA: a) Consider Approval of Invoices to be Paid. Invices Dog Catch. b) Consider Approval of Animal Warden Report Bldg. Perm c) Consider Approval of Building Permit Report Fire & d) Consider Approval of Fire and Rescue Report Rescue e) Consider Approval of Treasurer's Report Treasurers f) Consider Approval of Investment Report Inestment 2nd Qtr. g) Consider Approval of Second Quarter Budget Report BBudget h) Consider Approval of 3.2 Intoxicating Malt Liquor License and Fee 3,2 Liq. Waiver for Lakefront Days. Refuse i) Consider Approval of Renewal of Refuse Hauler Licenses for Knutson Hauler Service, Inc. j) Consider Approval of 3.2 Liquor License for Extra Innings Women's Softball Extra So,ball For August 6, 1995. Inn. 3.2 M71795.DOC 1 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council, July 17, 1995 MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO APPROVE Consent THE CONSENT AGENDA ITEMS (a) thru (j). KEDROWSKI STATED Agenda THAT HE WAS ABSTAINING FROM VOTING ON ITEM (h). Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carded. Kedrowski abstained from Item (h). 5. PRESENTATIONS: A. Prior Lake Area Chamber of Commerce Donation of $2, 789.40. Chamber of Commerce President, Kevin Von Bank, and Vice President, Kate Haggarty, thanked the Council for their support and assistance and reviewed the Chamber's two year report detailing the programs they have initiated or expanded. Mayor Andren accepted a check in the amount of $2,789.40 on behalf of the City Council. 6. PUBLIC HEARINGS - there were none. 7. OLD BUSINESS: A. Consider Approval of Resolution 95-62 Awarding Bid for Civil Defense Sirens - MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO APPROVE RS 95-62 RESOLUTION 95-62 AWARDING BID FOR CIVIL DEFENSE SIRENS B±d for TO FEDERAL WARNING SYSTEMS AS THE LOWEST RESPONSIBLE BIDDER. Defense Sirens Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO AUTHORIZE MSA CONSULTING ENGINEERS TO PERFORM MSA CONSTRUCTION SERVICES ON PROJECT 93-04 AT A COST NOT TO Consulting EXCEED $1,000.00. Proj 93-04 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Consider Approval of Request by John Mesenbrink to Allow The Platting of Woodridge Estates 3rd Addition Without Construction of Mushtown Road. - Assistant Planner Garross presented an overhead depicting the area and reviewed the proposal to separate the final platting of Woodridge Estates third addition M71795.DOC 2 Minutes of the Prior Lake City Council, July 17, 1995 and Mushtown Road construction, the annexation agreement with Spring Lake Township and terms of the agreement, specifically the statement that the developer agreed to pay one half the cost or $50,000, whichever was greater, for the construction of that area of Mushtown Road adjacent to Woodridge Estates upon final development of the third and final phase of Woodridge Estates. The request before Council was to separate the final plat from the agreement to improve Mushtown Road. Extensive discussion occurred as to whether or not the road was required to be improved at the time of development of the final phase of Woodridge Estates. Mushtown Road was not originally included in the draft Capital Improvement Program for 1995. Joe Mahoney (the developer) stated that he was willing to pay their share of the costs now and that Council could make their own decision as to when the road should be developed, and agreed to install barriers to prevent use of access or egress onto Mushtown Road until such time as the road reconstruction had been completed. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO ALLOW Woodr±dge THE BRINK LAND COMPANY TO COMPLETE THE FINAL PHASE OF Estates WOODRIDGE ESTATES THIRD ADDITION AND PAY ITS SHARE OF THE IMPROVEMENTS TO MUSHTOWN ROAD CONTINGENT UPON THE FOLLOWING: (1) THE DEVELOPER TO PAY ITS SHARE OF THE FEASIBILITY REPORT COST AND IN THE EVENT THAT THE THIRD ADDITION IS NOT EXPEDITIOUSLY CONSTRUCTED IN 1995, THE DEVELOPER WILL PAY THE FULL COST OF THE FEASIBILITY COSTS (ESTIMATED COST TO BE APPROXIMATELY ($5700); (2) THE DEVELOPER PROVIDE A LETTER OF CREDIT TO COVER ITS SHARE OF THE COST OF MUSHTOVgN ROAD AND/OR CASH IN LIEU OF $50,000 OR ONE-HALF THE COST OF THE IMPROVEMENT WHICHEVER IS REQUIRED BY THE CITY ENGINEER, AND (3) DEVELOPER MUST PETITION TO AMEND THE PLAT OF WOODRIDGE ESTATES AND PAY ALL ASSOCIATED FEES. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. By this action Council does not commit to construction of Mushtown Road in 1996 because of its tax impact. The Council will make this decision in August when they consider the 1996-2000 Capital Improvement Program. Consider Approval of Resolution 95-65 Directing Staff to Prepare Feasibility Report for Upgrade of Mushtown Road (Project 95-07) and Authorize MSA Consulting Engineers to Prepare the Feasibility Report. MOTION BY KEDROWSKI, SECOND BY SCOTT, TO APPROVE RESOLUTION 95-65 ORDERING PREPARATION OF FEASIBILITY RS95-65 Feasibility Report M71795.DOC 3 Minutes of the Prior Lake City Council, July 17, 1995 Mushtown REPORT FOR UPGRADING OF MUSHTOWN ROAD IMPROVEMENT Road PROJECT 95-07 AND THAT THE CITY'S SHARE OF THE FEASIBILITY REPORT BE PAID FROM THE CONSTRUCTION FUND. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. D. Consider Approval of Resolution 95-64 Amending Policy Resolution 78-1 Requiring Certified Lot Survey Upon Application for Building Permit. City Manager Boyles, discussed Resolution 78-1 as it applies to a Certificate of Survey for a deck replacement. Building Official Staber discussed the reasoning behind the requirement. Assistant City Planner Garross discussed the value of requiring a survey both to the city and the property owner. Council discussed the justification for requiring a survey, and concurred that staff should be given the flexibility to require a survey if they think it is necessary, for the replacement of a deck the same size, located in the middle of the property, and that the applicant provide a sketch to staff's satisfaction. R895-64 MOTION BY GREENFIELD, SECOND BY SCOTT, TO APPROVE Certificate RESOLUTION 95-64 AMENDING POLICY RESOLUTION 78-1 of REQUIRING A CERTIFICATE OF SURVEY UPON APPLICATION FOR Survey A BUILDING PERMIT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 8. NEW BUSINESS: A. Consider Approval of Resolution 95-61 Awarding Bid for Auditing Services for 1995, 1996 and 1997. - City Manager Boyles discussed audit cost, and stated that three firms had submitted bids. MOTION BY ANDREN, SECOND BY GREENFIELD, TO APPROVE RS95-61 RESOLUTION 95-61 AWARDING BID FOR AUDITING SERVICES FOR Awarding 1995, 1996 AND 1997 TO ABDO, ABDO & EICK. Auditing Services to ABDo, Abdo Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, & Eick the motion carried. B. Consider Approval of Ordinance 95-11 Amending Title 11, Chapter 3, Section 4 of the Prior Lake City Code Relating to Off The Road Vehicles; Combustion Engines. City Manager Boyles briefly reviewed the purpose of the amendment and a short discussion occurred regarding the hours of operation and whether the M71795.DOC 4 Minutes of the Prior Lake City Council, July 17, 1995 hours should be different for Saturday and Sunday. Council concurred that the hours should be revised for Saturday and Sunday. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO APPROVE OR 95-11 ORDINANCE 95-11 AMENDING TITLE 11, CHAPTER 3, SECTION 4 OF off the Road THE PRIOR LAKE CITY CODE RELATING TO OFF THE ROAD Veh±cles VEHICLES; COMBUSTION ENGINES WOULD NOT BE ABLE TO OPERATE BETWEEN THE HOURS OF 10:00 P.M. TO 6:00 A.M. ON WEEKDAYS; 10:00 P.M. TO 7:00 A.M. ON SATURDAY; AND 10:00 P.M. TO 8:00 AM. ON SUNDAY. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. C. Consider Approval of Proposal to Record Variances and Conditional Use Permits. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO DIRECT REcording STAFF TO ASSUME RESPONSIBILITY FOR RECORDING of var±antes VARIANCES AND CONDITIONAL USE PERMITS WITH SCOTT and Condit±ona COUNTY AND TO CHARGE A RECORDING FEE OF $50.00. Use Permits Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 9. OTHER BUSINESS: City Manager Boyles reported on a resident's complaint (Katy Stolblerg) regarding a misquote for a fire call, and stated that the City has agreed to accept Kathy Stolberg payments as opposed to a one time payment due to the error of staff in quoting the fee. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO DIRECT STAFF TO COLLECT $500 FOR A FIRE CALL FROM KATHY STOLBERG AND TO WORK WITH MS. STOLBERG TO PAY THE AMOUNT DUE ON A MONTHLY BASIS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott. M71795.DOC 5 Minutes of the Prior Lake City Council, July 17, 1995 10. ANNOUNCEMENTS/CORRESPONDENCE City Manager Boyles reviewed items on the July 14 Update Memorandum with Council: · AMM breakfast meeting · 1995 Equipment Certificate Sale meeting. · Sale of extra ambulance · Status of the sewer line construction on CR 82 - permission was given to the developer to proceed with lifting the sewer line seven feet due to the soil condition on the basis that it would not appreciably affect the development potential of upstream property. · Enforcement items. 11. ADJOURNMENT - Motion by Kedrowski, second by Scott, to adjourn to Executive session for the purpose of discussing labor relations issues. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion carried. Mayor Andren called the Executive Session to order at 9:00 p.m. those present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Schenck and Scott, City Manager Boyles and Recording Secretary Birch. Assistant City Manager Carlson arrived at 9:10 p.m. The Executive Session adjourned at- 9:30 p.m~ /~ t'~ / Recording Secretary M71795.DOC 6