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Home My WebLink About091895 Regular OPEN FORUI~- 7:00 P.I~. REGULAR COUNCIL MEETING AGENDA September 18, 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 Animal Warden Report. B. Consider Approval of Building Permit Report. C. Consider Approval of Fire and Rescue Report. D. Consider Approval of Invoices to be Paid. E. Consider Approval of Treasurer's Report. F. Consider Approval of Resolution 95-93 Amending Preliminary Plat for Wilderness Ponds. G. Consider Approval of Resolution 95-94 Authorizing Final Plat for Wilderness Ponds. H. Consider Approval of Change Order #2 ,Project 95-01 for Ridgemont Avenue Street Improvements I. Consider Approval of Joint Assessment Agreement Between the City of Prior Lake and the County of Scott. J. Consider Approval of Resolution 95-99 Authorizing Minor Amendment to the Preliminary Plat of Carriage Hills 4th Addition. K. Consider Resolution 95-100 Approving Final Plat and Developer's Agreement for Woodridge Estates Third Addition. 5. PRESENTATIONS: None 16200 l~l~?t~ffreek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447 4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. PUBLIC HEARINGS: A. Conduct Assessment Hearing on Creekside Circle Street Improvement Project 95-02 and Consider Approval of Resolution 95-89 - 7:45 P.M. B. Conduct Assessment Hearing on Ridgemont Avenue Street Improvement, Project 95-01 and Consider Approval of Resolution 95-90 - 8:45 p.m. C. Public Hearing to Consider Approval of Resolution 95-91 Authorizing Vacation of Easements on Lots 1, 2, & 3, Block 2 Second Addition to Westbury Ponds - 7:45 p.m. 7. OLD BUSINESS: A. Consider Approval of Resolution 95-95 Accepting Feasibility Study for Utilities on CSAH 42 and 21 and Resolution 95-96 Authorizing Preparation of Plans and Specs for Utilities on CSAH 42 and 21. B. Consider Approval of Resolution 95-92 Awarding of Bids for Public Works/Parks Maintenance Building C. Consider Approval of Resolution 95-98 Providing for the Sale of $2,200,000 G.O. Water and Sewer Revenue Bonds 1995. D. Consider Resolution 95-'101 Approving Conditional Use Permit for Midwest Cablevision. 8. NEW BUSINESS: 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A91895 DOC the Prior Lake City Council September 18, 1995 MINUTES OF THE PRIOR LAKE CITY COUNCIL September 18, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, September 18, 1995 at 7:30 P.M. Present were: Mayor Andren, Councilmembers, Kedrowski, and Schenck, City Manager Boyles, Public Works Director Anderson, Engineering Technician Evens, Parks Director Hokeness, Planning Director Rye, Attorney Kessel and Recording Secretary Birch. Councilmember Greenfield was absent, and Councilmember Scott arrived at 9:00 P.M. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES. MOTION BY KEDROWSKI SECOND BY SCHENCK, TO APPROVE THE Minutes MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Kedrowski, and Schenck, the motion carded. 4. CONSENTAGENDA: A. Consider Approval of Animal Warden Report. Dog Catchers Rp B. Consider Approval of Building Permit Report. Bldg. Rpt. Fire & Rescue C. Consider Approval of Fire and Rescue Report. Invoices D. Consider Approval of Invoices to be Paid. Treasurers E. Consider Approval of Treasurer's Report. RS 95-93 F. Consider Approval of Resolution 95-93 Amending Preliminary Plat forW±lderness Wildemess Ponds. Ponds Prel±m G. Consider Approval of Resolution 95-94 Authorizing Final Plat for Wildemess[~a~5_94 F±nal Ponds· Plat Wilderness H. Consider Approval of Change Order #2 ,Project 95-01 for Ridgemont AvenuePonds Street Improvements Change Order · Ridgemont I. Consider Approval of Joint Assessment Agreement Between the City of Prior Joint Assessmer Lake and the County of Scott. with Scott Cty. J. Consider Approval of Resolution 95-99 Authorizing Minor Amendment to theRS95-99 Minor Preliminary Plat of Carriage Hills 4th Addition. Amendments Carriage Hills 4th Addn. 16200 L~t~qL~eek Ave. S.E., Prior Lake, Minnesota 55~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1 Minutes of the Prior Lake City Council September 18, 1995 K. Consider Resolution 95-100 Approving Final Plat and Developer's Agreement RS 95-100 Final Plat for ~Voodridg¢ Estates Third Addition. & Dev. Agr. Woodridge Mayor Andren requested that item 0) be removed for later discussion. Estates MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE Consent THE CONSENT AGENDA ITEMS A THRU K WITH THE EXCEPTION OF J. Upon a vote taken, ayes by Andren, Kedrowski and Schenck, the motion carried. 5. PRESENTATIONS: None 6. PUBLIC HEARINGS: A. Conduct Assessment Hearing on Creekside Circle Street Improvement Project 95-02 and Consider Approval of Resolution 95-89 - Mayor Andren called the public hearing to order at 7:45 p.m. and read the notice as it appeared in the Prior Lake American on September 2, 1995, and explained the procedure to be followed for the hearing. City Manager Boyles stated that the reason for the hearing was to consider approval of the assessment roll associated with this project, and explained the appeal process to the residents. Director of Public Works, Larry Anderson, presented a comparison of costs between this project and previous street projects, and stated that the project costs cannot exceed costs to be assessed. Mr. Anderson also discussed the method of payment, interest rates, and other pertinent information. There were no comments or written objections from the audience. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE RS95-89 Creek RESOLUTION 95-89 ADOPTING ASSESSMENTS FOR CREEKSIDE side Circle CIRCLE STREET IMPROVEMENT PROJECT 95-02. Assessment Role Upon a vote taken, ayes by Andren, Kedrowski, and Schenck, the motion carried. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Kedrowski, and Schenck , the motion carried. M91895 DOC 2 Minutes of the Prior Lake City Council September 18, 1995 B. Conduct Assessment Hearing on Ridgemont Avenue Street Improvement, Project Ridgemont 95-01 and Consider Approval of Resolution 95-90 Mayor Andren called the Avenue public hearing to order at 8:35 P.M. by reading the notice as it appeared in the RS 95-90 Prior Lake American on September 2, 1995, and explained the procedures to be used during the hearing process. City Manager Boyles explained the appeal process and stated that the City is paying a large portion of the assessment amount for the street, water and sewer project, and that the residents are not being assessed for the sidewalk construction which is being funded through Minnesota State Aid System. The meeting was then opened for audience comment. The following residents addressed the Council: Todd Bauman, 15645 Ridgemont Avenue, stated that he was speaking on behalf of all nine residents and requested that the record reflect the written appeal which had been signed by all nine residents and given to the Mayor. Mr. Bauman compared Prior Lake's policy for road reconstruction assessment with the cities of Chaska, Shakopee, Eagan, Lakeville and Apple Valley, and commented on the condition of the road due to heavy traffic use. He suggested that the other 150 home owners who are using the street to access their homes should also be charged an approximate amount of $300 per home. He and others who spoke expressed concern with regard to the fact that there is only one entrance and exit to their area and urged Council to plan for an additional ingress/egress as soon as possible. Frank Muelken, 15685 Fishpoint Road, spoke on behalf of Margaret Hannen who has an Application for Deferment of Special Assessments and noted her objections to the assessments as well. Johnna Bauman also spoke in favor of another road into the area. Mayor Andren asked if anyone else wished to speak on the issue. There were no further comments. Mayor Andren had questions regarding the Assessment Policy and the fact that the sewer and water assessments (according to the Assessment Policy) should be spread over a twenty year period instead of the ten year period recommended by staff. Extensive discussion occurred regarding the Assessment Policy and its application to this project. Councilmembers expressed support for the 60/40 assessment formula for road reconstruction on the basis of equity for previous projects. Council instructed staff to look into the issue of the sewer and water assessment repayment schedule for the six parcels and 60/40 versus 100% street assessment for certain lots and bring back for Council consideration. MOTION BY ANDREN, SECOND BY SCOTT, TO TABLE TItE PUBLIC Continue HEARING TO TIlE OCTOBER 2, 1995 COUNCIL MEETING AT 7:35 Public Hearing M91895 DOC 3 Minutes of the Prior Lake City Council September 18, 1995 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. MOTION BY ANDREN, SECOND BY SCOTT, TO CONTINUE THE PUBLIC HEARING UNTIL OCTOBER 2, 1995, AT 7:35 P.M. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Councilmembers confirmed for the public that a Request for Proposal for the proposed Master Plan for Lakefront Park is to address the use of Ridgemont Avenue as the primary access for the park. If the Kop parcel can be acquired, the main access to the park could be relocated to the T.H.13/Main Street intersection. Public Works Director Anderson added that at present one or more parcels would have to be acquired and houses demolished if a second access is to be provided to this area. A short recess was called The meeting reconvened. C. Public Hearing to Consider Approval of Resolution 95-91 Authorizing Vacation of Easements on Lots 1, 2, & 3, Block 2 Second Addition to Westbury Ponds Mayor Andren called the public hearing to order at 8:10 P.M., City Manager Boyles stated that this action is considered a "house keeping" item and is the logical conclusion of the Fairview Clinic Project which requires the easement vacation. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 95-91 PROVIDING FOR THE VACATION OF RES 95-91 DRAINAGE & DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS UTILITY EASMEN 1, 2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS. WESTBURY PONDS Upon a vote taken, ayes by Andrcn, Kcdrowski, and Schcnck , the motion carried. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Kedrowski, and Schenck , the motion carried. M91895 DOC 4 Minutes of the Prior Lake City Council September 18, 1995 7. OLD BUSINESS: A. Consider Approval of Resolution 95-95 Accepting Feasibility Study for Utilities on CSAH 42 and 21 and Resolution 95-96 Authorizing Preparation of Plans and Specs for Utilities on CSAH 42 and 21. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RS 95-95 RESOLUTION 95-95 ACCEPTING THE FEASIBILITY STUDY FOR Fea$ibil±ty UTILITIES ON CSAH 21 AND CSAH 42 AND RESOLUTION 95-96 Study £or AUTHORIZING MSA ENGINEERS TO PREPARE THE PLANS AND utilities SPECIFICATIONS FOR UTILITIES ON CSAH 21 AND 42. on CSAIt 21 & 42 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion & RS 95-96 - carried. MSA Engr. B. Consider Approval of Resolution 95-92 Awarding of Bids for Public Works/Parks Maintenance Building. City Manager Boyles stated that the bids (which Council had authorized) had been received and opened on September 8. No bids were received for Contract B which was for the Salt/Sand storage facility. Staff will have to resubmit another request for bid for this and complete a value engineering analysis regarding the tower option. Eleven bids were received and Rochon Corporation was the lowest bidder. The firm of Lovering - Johnson was protesting the bid award as they maintained that they were the low bidder. Jocelyn Knoll, attorney for Lovering-Johnson, presented the argument for their protest. Steve Lyndemann, attorney for Rochon Corporation, addressed the Council and stated that the City does have the discretion under its bid instruction and under Minnesota Law to waive any irregularities that appear in the bid form as long as the City determines it's in the City's best interest to do so. City Attorney Kessel was of the opinion that the award of the bid to Rochon Corporation as the most responsible bidder was in order and the selection process was in accordance with the State Statutes, as Rochon Corporation had backup sheets clearly substantiating that it was truly a deduct in accordance with the language in the bid form. RS 95-92 Award MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE Bid to Rochon RESOLUTION 95-92 ACCEPTING BID FOR PROJECT NO. 95-04 for Public Wor PUBLIC WORKS PARKS MAINTENANCE FACILITY Parks Maint. Facility Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. A short recess was called. M91595 DOC 5 Minutes of the Prior Lake City Council September 18, 1995 The meeting reconvened at 10:15 p.m. C. Consider Approval of Resolution 95-98 Providing for the Sale of $2,200,000 G.O. Water and Sewer Revenue Bonds 1995. Steve Matson, of Juran and Moody, distributed a Cash Flow Analysis Chart for the Public Works/Parks Maintenance Building $2.2 Million bond issue, and reviewed the interest rate, rating and timing of sale. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RS 95-98 Sale RESOLUTION 95-98 PROVIDING FOR THE SALE OF $2,200,000 of G.0.Bonds GENERAL OBLIGATION SEWER AND WATER BONDS OF 1995. $2,2000,00 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO SET Set Hearing MONDAY, OCTOBER 23 AT 5:30 P.M. AS A SPECIAL CITY COUNCIL for Bid MEETING DATE TO AWARD BID FOR THE $2.2 MILLION Award Date GENERAL OBLIGATION SEWER AND WATER BONDS FOR 1995. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. D. Consider Resolution 95-101 Approving Conditional Use Permit for Midwest Cablevision. Ron Haberkorn, President of Norex, Inc, submitted a written request to Cotmcil prior to the meeting stating that he had been trying to arrange a meeting with the Regional Manager of Midwest Cablevision in order to reach a mutually satisfactory agreement on the type of structure Midwest is proposing to build adjacent to Mr. Haberkom's facility.. Tim Block representing Midwest Cablevision discussed the action they have taken to date and the reason for adding a building on the site. Council discussed the matter and concurred that the item should be tabled until such time that Mr. Haberkorn and a representative of Midwest Cablevision can meet with the Planning Staff to discuss a reasonable compromise. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO TABLE THIS Midwest Cablevfsion ITEM UNTIL OCTOBER 2, 1995 AT WHICH TIME STAFF SHOULD Cond. Use PLACE ON THE CONSENT AGENDA IF A COMPROMISE Permit AGREEMENT HAS BEEN REACHED. M91895 DOC 6 Minutes of the Prior Lake City Council September 18, 1995 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. 8. NEW BUSINESS: 9. OTHER BUSINESS: A. Consent Agenda Item J - Consider Approval of Resolution 95-99 Authorizing Minor Amendment to the Preliminary Plat of Carriage Hills 4th Addition. On August 21, 1995 City Council approved a request by Warren Israelson of Progress Land Company to allow the final platting of Carriage Hills 4th Addition. The approval was contingent upon six conditions, one of which was: "The developer provide financial security, acceptable to the City Engineer, to provide for the future upgrade of Landau Lane to the Plat boundary." The Developer has attempted to purchase the southwest comer of the Vierling property to allow for the extension of Landau Lane, but the purchase attempts have been unsuccessful to date. Therefore, since the developer cannot provide infrastructure to the Ontlot (3 lots) until the development of the Vierling parcel occurs, the developer is requesting the amendment be approved upon the contingent that a covenant being signed by the developer and filed at the county which will not allow transfer of the title of the Ontlot until improvements to Landau Lane are made and accepted by the City. The developer will be required to reimburse the City for the cost of preparing and filing the covenant. Council discussed this amendment briefly to assure that the cost for street, sewer and water extension would be borne solely by the developer and not the taxpayer. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO APPROVE RS 95-99 M±nc Amend. to RESOLUTION 95-99 PROVIDING FOR A MINOR AMENDMENT TO Final Plat THE FINAL PLAT OF CARRIAGE HILLS 4TH ADDITION. Cart±age It±ils 4th Adr Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Council (at Planning Director Rye's request) reconsidered Item 6C to insure that the proper majority required by State Statute was present for the vote. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO RECONSIDER ITEM 6C Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. M91595 DOC 7 Minutes of the Prior Lake City Council September 18, 1995 MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RS 95-91 RESOLUTION 95-91 AUTHORIZING VACATION OF EASEMENTS ON Vacation of LOTS 1, 2, AND 3, BLOCK 2, SECOND ADDITION TO YVESTBURY Easements PONDS. Lots 1, 2 ant 3 2nd Addn. Westbury Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion Ponds carried. · City Manager Boyles reviewed the September 15 Update with Council which included the following: · Discussion of the joint Planning Commission, City Council meeting on Monday, October 2 at 4:30 p.m. Councilmember Kedrowski requested that the meeting begin at 5:00 p.m. instead of 4:30. · Review of Candidates for Watershed Board Staff was requested to set up interviews for all candidates living within the city limits of Prior Lake. Once the interviews had been conducted Council would recommend appropriate appointments to Commissioner Underferth. · Business Development Committee letter from Wes Mader regarding the Subcommittee's objectives. Discussion occurred on the memorandum and Mayor Andren stated that she would be willing to send out personal letters but Council concurred that Roger Guenette should be the primary contact in dealing with potential residents of the Business Office Park. · City Manager Boyles reminded Councilmembers of the Special TIF Hearing on Tuesday, September 19. and also announced that Blair Tremere had been hired as Assistant City Manager and would begin his duties on October 2. · Discussion occurred regarding the League of Minnesota Cities and their action on sovereign nations and the Wyoming Resolution. The next LMC workshop will beheld on September 29. Council concurred that someone from the City should attend M91895 DOC 8 Minutes of the Prior Lake City Council September 18, 1995 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT There being no further business, the meeting adjourned a/t/rD:50 OctoberP'M' The2, 1995neXtatregularlY7:30 P.M..Scheduled Council meeting~/~'cx~will b~f~on ,1916nday,~ Cit xM/ ager Recording Secretary M91595 DOC 9