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Home My WebLink About100295 Regular JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP 5:00 o 7:15P. M. REGULAR COUNCIL MEETING AGENDA October 2, 1995 1. CALL TO ORDER ......................................................................... 7:30 P.M. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES A Consider Approval of September 19, 1995 Special Meeting Minutes. 4. CONSENT AGENDA A. Consider Approval of Invoices to be Paid B. Consider Approval of Agreement Between the Mdewakanton Dakota Community and the City of Prior Lake to Install Civil Defense Sirens. C. Consider Approval of Renewal of Agreement to Provide Services With the Prior Lake-Spring Lake Watershed D. Consider Approval of Planning Commission's Recommendation to Appoint Dick Kuykendall as Chair of the Planning Commission. E. Consider Approval of Election Judge Appointments for 1995 General Election. 5. PRESENTATIONS: 6. PUBLIC HEARINGS A. Continuation of Assessment Hearing on Ridgemont Avenue Street Improvements, Project 95-01 and Consider Approval of Resolution 95- 90 Authorizing the Assessment Roll 16200 ~el~f~[A~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER B. Public Informational Hearing on Shady Beach 2nd Addition, Watersedge Trail]Glendale Avenue and Cove Avenue Lake Accesses 7. OLD BUSINESS: 8. NEW BUSINESS: A. Consider Approval of Resolution 95-104 for Administrative Land Division 4230 Quaker Trail With Variances for Pat Hayes B. Consider Application for Administrative Land Division with Variances for Thomas J. Sylvester, 4031 Roanoke. C. Consider Appeal of Variances for Ron Ceminsky 5239 Brooks Circle Southeast. D. Consider Approval of Joint Powers Agreement for Temporary Sewer and Water Extension to Cates Oak Island Additions in Savage. E. Provide Direction to Planning Staff Regarding the Preparation of a Tree Preservation Ordinance. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT AG10295I.DOC Lake City Council October 2, 1995 MINUTES OF THE PRIOR LAKE CITY COUNCIL October 2, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, October 2, 1995 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Schenck and Scott, City Manager Boyles, Public Works Director Anderson, Planning Director Rye, Assistant City Manager Tremere, Assistant City Engineer Wingard, Engineering Tech Evens, City Attorney Rathke and Recording Secretary Birch. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES - Councilmember Scott questioned the time and placement which the meeting reconvened as shown on page 4. The recording secretary was directed to listen to the tape and make the proper time correction. Also on page 4, paragraph 9, "Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott...." should be changed to reflect the absence of Scott (she was not present during that portion of the meeting. MOTION BY KEDROWSKI, SECOND BY SCOTT, TO APPROVE Minutes THE SEPTEMBER 19 COUNCIL MINUTES AS AMENDED. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Councilmember Greenfield abstained as he had been absent at the last meeting. A. Consider Approval of September 19, 1995 Special Meeting Minutes MOTION BY KEDROWSKI, SECOND BY SCOTT, TO Special APPROVE THE SPECIAL MEETING MINUTES OF Meeting SEPTEMBER 19 AS SUBMITTED. Minutes Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Councilmember Greenfield abstained as he had been absent at the special meeting. 3. CONSENT AGENDA 16200 Lt~jttO'~eSeP,~. S.E., Prior Lake, Minnesota 553172-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council October 2, 1995 Invoices A. Consider Approval of Invoices to be Paid Mdewakanton B. Consider Approval of Agreement Between the Mdewakanton Dakota civil Defense Community and the City of Prior Lake to Install Civil Defense Sirens. Agreement C. Consider Approval of Renewal of Agreement to Provide Services With Watershed the Prior Lake-Spring Lake Watershed Agreement D. Consider Approval of Planning Commission's Recommendation to Planning Com. Appt. Kuykendal Appoint Dick Kuykendall as Chair of the Planning Commission. Election E. Consider Approval of Election Judge Appointments for 1995 General Judge Appts. Election. Councflmember Greenfield requested that item 4 (C) be removed for discussion under "Presentations". Mayor Andren requested that item 4 (D) be removed for discussion under "Other Business". MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO Consent APPROVE THE CONSENT AGENDA ITEMS A, B AND E. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 4. PRESENTATIONS: A. Consider Approval of Renewal of Agreement to provide Services to Agreement Watershed District. Watershed Board Chair, Dave Moran, was with Watershed questioned regarding the changes to the agreement. Mr. Moran Board verified that the changes in the agreement were only those related to statutory references. Mr. Moran also verified that there was no change in any of the existing responsibilities of either the City or the Watershed by adopting the updated agreement. MOTION BY GREENFIELD, SECOND BY SCOTT, TO APPROVE THE REVISED AGREEMENT AS SUBMITTED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 5. PUBLIC HEARINGS A. Continuation of Assessment Hearing on Ridgemont Avenue Street Ridgemont Improvements, Project 95-01 and Consider Approval of Resolution 95- Avenue 90 Authorizing the Assessment Roll. Mayor Andren called the M10295.DOC 2 Minutes of the Prior Lake City Council October 2, 1995 continued public hearing to order at 7:45 p.m. City Manager Boyles briefly reviewed the reason for the continuation. City Engineer Anderson stated that the hearing had been continued to give staff time to investigate the appropriateness of both the 100% street assessment and 60/40% street assessment in the same project, and to revise sewer and water assessments to 20 years instead of the previous stated 10 years. Mayor Andren asked if there was anyone who wished to speak on the issue. She also stated that a petition to appeal had been received which will be entered into the record. Nick Sotis, 15605 Ridgemont Avenue, expressed concerns regarding the large amount of traffic due to persons going to Lakefront Park. Mr. Sotis also expressed concern over the increased speeds on Ridgemont Avenue and the poor drainage. Mr. Anderson responded that the drainage problem will be solved when the second layer of asphalt has been applied this Spring. Mr. Boyles indicated that a master plan is to be done in the next year to address the access to Lakefront Park. Shelia Brockhaus, 15655 Ridgemont Avenue, also expressed concern over the increased speed and asked for speed bumps, signs or patrols to help reduce the speeding. Larry Hafferman, 15831 Ridgemont Avenue~ spoke in favor of the 20 year assessment instead of ten years as previously considered. Frank Muelken, 15685 Fishpoint Road, spoke on behalf of Margaret Hannen, and requested that Council give her the same consideration the other property owners were receiving and deferral of the assessments. Mayor Andren gave a brief overview of the Assessment Policy and discussed her decision to support the 60/40% assessment for street overlay for all parcels, and commented on the language of the Assessment Policy. She also commented on the need for a revision to the Pohcy in order to have a document that is clear and accurate in the definition of overlay, which at present is not clearly stated. She also stated that is illegal to assess anyone not receiving direct benefit from a street and that benefit does not mean merely driving on a street, but the property assessed must be adjacent to the street.. Councilmember Greenfield commented on the need to re-address the Assessment Policy. Councilmembers Scott, Schenck and Scott concurred. Staff was directed to amend Resolution 95-90 to reflect the 60-40% street assessment for all properties in this project except the city park property. MOTION BY ANDREN, SECOND BY GREENFIELD, TO Rs 95-90 APPROVE RESOLUTION 95-90 AS AMENDED TO REFLECT M10295.DOC 3 Minutes of the Prior Lake City Council October 2, 1995 THE 60-40% ASSESSMENT FOR STREET OVERLAY FOR ALL PROPERTIES EXCEPT CITY PROPERTY AND 100% FORRidgem°nt SEWER AND WATER CONSTRUCTION OVER A 20 YEARAvenue Assessment PERIOD INSTEAD OF THE ORIGINAL TEN YEAR ASRoll EARLIER PROPOSED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Public Informational Hearing on Shady Beach 2nd Addition, Watersedge Trail/Glendale Avenue and Cove Avenue Lake Access. Lani Leichty, Water Resources Coordinator, discussed the accesses beginning with Shady Beach - 2nd Addition. Donald Price 14480 Shady Beach spoke in favor of the vacation. Jean Baudhuin, 5671 Woodside, spoke in opposition to the vacation. Scott Donaldson, 14247 NE Shady Beach Trail, spoke in favor of retaining the right of way and designating it as a winter access. Discussion occurred and Council concurred that the right of way should be retained, a park bench installed and the area be designated as a scenic overlook. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO Shady ~each RETAIN THE RIGHT OF WAY AND ESTABLISH THE AREA 2nd Addn. AS A SCENIC OVERLOOK. Glendale Ave. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. The next access to be discussed was Watersedge Trail/Glendale Avenue. Mr. Leichty presented information regarding the area. Roger Eye 14458 Watersedge Trail spoke in favor of the vacation. Further Council discussion occurred regarding the topography of the area. M10295.DOC 4 Minutes of the Prior Lake City Council October 2, 1995 MOTION BY SCOTT, SECOND BY GREENFIELD, MAINTAIN Watersed§e THE CURRENT DIKE AND REINFORCE AS NEEDED TO Glendale PREVENT VEHICLES FROM GAINING ACCESS TO THE Access LAKE IN THIS AREA. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. The next access under discussion was the Cole Avenue access. Mr. Leichty reviewed details pertaining to the area. Margie Reighamer, Cove Avenue, spoke in favor of vacating the access.- Jean Baudhuin addressed the Council in opposition of the vacation. Bill Reighamer, 14794 Cove Avenue, also spoke in favor of the vacation. Dick Kuykendall, 6495 Kneafsey's Street, and Jim Samis, 14777 Cove Avenue, were also in favor of the vacation. MOTION BY SCHENCK, SECOND BY SCOTT, TO VACATE Cove Avenue THE COVE AVENUE ACCESS AS PER THE LAKE ADVISORY COMMITTEE AND STAFF'S RECOMMENDATION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. A short recess was called. The meeting reconvened at 9:50 p.m. 6. OLD BUSINESS: 7. NEW BUSINESS: A. Consider Approval of Resolution 95-104 for Administrative Land Division 4230 Quaker Trail With Variances for Pat Hayes. Mike Leek, Associate Planner presented an overhead depicting the three lots under consideration for division into two lots and reviewed Council's options. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO ss 95-104 APPROVE RESOLUTION 95-104 AUTHORIZING THE Admin. Land ADMINISTRATIVE LAND DIVISION SUBJECT TO THE Div. Pat Hayes CONDITIONS AS STATED IN THE RESOLUTION. M10295.DOC 5 Minutes of the Prior Lake City Council October 2, 1995 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Consider Application for Administrative Land Division with Variances for Thomas J. Sylvester, 4031 Roanoke. Associate Planner, Mike Leek, presented an overhead depicting the three lots of record and discussed the request for a variance. Council discussion occurred regarding the narrow lot that would result if the land split were approved and the increased number of substandard lots which would occur by the subdivision. Council concurred with staffs recommendation that the lot does not conform with present standards. MOTION BY SCOTT, SECOND BY SCHENCK, TO DENY THE Admin. Land ADMINISTRATIVE LAND DIVISION REQUESTED BY Div. Tom Sylvester THOMAS J. SYLVESTER. Denied Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. C. Consider Appeal of Variances for Ron Ceminsky 5239 Brooks Circle Southeast. Associate Planner, Mike Leek, presented an overhead and discussed details of the request which had been previously denied by the Planning Commission (Mr. Ceminsky is appealing the Planning Commission's decision). Ron Ceminsky, 5239 Brooks Circle, addressed the Council regarding the location of the proposed garage and distributed photos of his residence to the Councilmembers. Mr. Ceminsky maintained that if he does not receive the variance request he would have to uproot several mature trees and tear down a shed in order to build a third garage stall elsewhere on his lot. After extensive discussion, Council concurred that there was reasonable use of the property without a three car garage stall and because other construction options are available to Mr. Ceminsky. MOTION BY SCOTT, SECOND BY GREENFIELD, TO Ron Ceminsky SUPPORT THE RECOMMENDATION OF THE PLANNING variance COMMISSION AND STAFF TO DENY MR. CEMINSKY'S Denied VARIANCE REQUEST. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. M10295.DOC 6 Minutes of the Prior Lake City Council October 2, 1995 D. Consider Approval of Joint Powers Agreement for Temporary Sewer and Water Extension to Cares Oak Island Additions in Savage. City Manager Boyles reviewed the proposal to extend sewer and water service at the request of the City of Savage, who has made the request due to failing septic tanks which represent a threat to the safety and welfare of the residents. Council was favorably inclined ff it solved a significant environmental problem and there were assurances in the agreement that significant new development potential would not be able to receive sewer and water until the City of Savage was able to supply these services. City Manager Boyles stated that the Agreement does protect the rights of Prior Lake taxpayers, the city's sewer and water system, it provides that it is a temporary agreement (10 years maximum) and the city of Savage will conduct all assessment hearings construct sewer, water and streets for the Cates Oak Island area. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO Joint Powers Temp. Water AUTHORIZE THE iVIAYOR AND CITY MANAGER TO Ext. to E~CUTE THE PROPOSED JOINT POWERS AGREEMENT. Cates Oak Island Addn. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck savage. and Scott, the motion carried. E. Provide Direction to Planning Staff Regarding the Preparation of a Tree Tree Preservation Ordinance. Associate Planner, Mike Leek, Preservation presented an overhead of a suggested guideline which Council could ora. select the options identified by staff, to determine the criteria for a tree preservation ordinance. Mr. Leek discussed tree sizes, height, types of trees, enforcement methods, designation of who would be affected by the ordinance, whether it should pertain only to new subdivisions, single lots, schools, churches, and other pertinent considerations. Council discussion occurred regarding the options presented by Mr. Leek. Several suggestions were made concerning the idea of a tree inventory and the possibility of using an intern from forestry school. Council directed staff to prepare a Tree Preservation ordinance for adoption later this year. 8. OTHER BUSINESS: M10295.DOC 7 Minutes of the Prior Lake City Council October 2, 1995 A. Consider Approval of Planning Commission's Recommendation to Appoint Dick Kuykendall as Chair of the Planning Commission. A short discussion occurred regarding the terms for the Chair of the Planning Commission from September, 1995 to July, 1996. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE THE APPOINTMENT OF DICK KUYKENDALL AS CHAIR OF THE PLANNING COMMISSION FROM SEPTEMBER, 1995 TO JULY, 1996. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. City Manager Boyles reminded Councilmembers of the Ferry Bridge Reception at Canterbury Downs on Friday, October 6 at 3:00 p.m. A short discussion occurred regarding scheduling of workshops. Council concurred that it works best for them to hold the workshops on the same evening as Council meetings. MOTION BY GREENFIELD, SECOND BY SCHENCK TO ADJOURN THE MEETING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 9. ANNOUNCEMENTS/CORRESPONDENCE 10. ADJOURNMENT - There being no further business, the meeting adjourned at 11:15 p.m. be held on Monday, Ctober 16, The1995.next regular Council meeting will·/~]~'~~M°nday' ~olc Cit!/~g~ ~ Recording Secretary M10295.DOC 8