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HomeMy WebLinkAbout110695 Regular REGULAR COUNCIL MEETING AGENDA November 6, 1995 1. CALL TO ORDER ......................................................................... 7:30 P.M. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES AND SPECIAL MEETING MINUTES OF OCTOBER 23, 1995. 4. CONSENT AGENDA A. Consider Approval of Invoices To Be Paid B. Consider Approval of Resolution 95-112 Acknowledging Department of Natural Resources Approval of Shoreland Management Ordinance C. Consider Approval of Joint and Cooperative Agreement for Prior Lake Participation in Suburban Transit Association through the MVTA D. Consider Approval of Ordinance 95-17 Amending Title 5 of the City Code, Section 7 of the Zoning Ordinance to comply with State Statutes providing Time Limits for Zoning Decisions. 5. PRESENTATIONS - None 6. PUBLIC HEARINGS A. Public Informational Hearing for Public Accesses: Pine Road and Red Oaks (Lot 34). 7. OLD BUSINESS A. Consider Adoption of Resolution 95-101 Approving a Conditional Use Permit for Midwest Cablevision. B. Consider Review of City Council Directives for January-October 1995. Al10695 DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 8. NEW BUSINESS A. Consider Approval of Selection of New City Attorney Effective January 1, 1996. B. Consider Approval of Firefighter Request for Improved Pension Benefits 9. OTHER BUSINESS 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A110695.DOC ~ 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINUTES OF THE PRIOR LAKE CITY COUNCIL November 6, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, November 6, 1995 at 7:30 P.M. in the Council Chambers. Present were: Mayor Andren, Councilmembers Kedrowski, Schenck and Scott, City Manager Boyles, Assistant City Manager Tremere, Public Works Director Anderson, Planning Director Rye, City Attorney Rathke and Recording Secretary Birch. Councilmember Greenfield arrived at 8:10 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 i~i±nutes AND SPECIAL MEETING MINUTES OF OCTOBER 23, 1995. A. Mayor Andren noted the following corrections to the previous meeting minutes: · Page 7, paragraph 4 which indicated that upon a vote taken that all Councflmembers including Mayor Andren had voted. However, Mayor Andren had vacated the chair and did not vote and Councilmember Kedrowski voted no on this item. The "upon a vote taken" should be changed to read: Upon a vote taken, ayes by Greenfield, Schenck and Scott, nays by Kedrowski, Andren did not vote due to vacating the chair. The motion carried. · Page 7, Item C, Consider Approval of City Participation in the Livable Communities Program: The Resolution should be included verbatim as part of the minutes. · Councilmember Scott stated that in some portions of the minutes the Planning Commission is referred to as the PC and in other portions it is spelled out. This should be corrected to spell out the name in all instances. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council November 6, 1995 MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE THE REGULAR COUNCIL MINUTES OF OCTOBER 16 AS AMENDED. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. B.Mayor Andren noted the following correction to the Special Council Meeting Minutes of October 23, 1995: Page 2, paragraph 3 - Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott ...... should be changed to read: Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott. Councilmember Kedrowski arrived just as the mayor called for the vote and, therefore, did not register his vote. MOTION BY SCHENCK, SECOND BY SCOTT, TO APPROVE Special THE SPECIAL COUNCIL MEETING MINUTES OF OCTOBER Meeting 23, 1995 AS AMENDED. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. 4. CONSENT AGENDA A. Consider Approval of Invoices To Be Paid. Invoices B. Consider Approval of Resolution 95-112 Acknowledging Department RS95-112 DNR ]~pproval of Natural Resources Approval of Shoreland Management Ordinance. Shoreland Mgmt 0rd. C. Consider Approval of Joint and Cooperative Agreement for Prior Lake Cooperative Participation in Suburban Transit Association through the MVTA. Agreement MVTA D. Consider Approval of Ordinance 95-17 Amending Title 5 of the City OR 95-17 Code, Section ? of the Zoning Ordinance to comply with State Time Limits Statutes providing Time Limits for Zoning Decisions. Mayor Andren requested that item D be removed for further discussion under "Other Business." MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO Consent APPROVE THE CONSENT AGENDA ITEMS A THRU C AND ITEM D BE REMOVED FOR DISCUSSION. MI 10695.DOC 2 Minutes of the Prior Lake City Council November 6, 1995 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. 5. PRESENTATIONS- A. Mayor Andren read a proclamation for Youth Appreciation Week as "Youth Week" requested by the Prior Lake Optimist Club, and then proclaimed the second week of November, 1995 as Youth Appreciation Week. 6. PUBLIC HEARINGS A. Public Informational Hearing for Public Accesses: Flint Road and Public Red Oaks (Lot 34). City Manager Boyles stated that the Lake Accesses Advisory Committee had prepared a report for Council's review and REd Oaks Flint Road consideration which suggested that various lake accesses be reviewed publicly and a determination made whether those lake accesses should continue to exist or whether they should be vacated. Council is to consider the two last accesses, Flint Road and Red Oaks, Lot 34. Water Resources Coordinator Lani Leichty discussed the topography of the Flint Road access and stated that the access was originally dedicated to the public on the plat of Maves First Lake Addition in 1952 and was never improved to city standards when city sewer and water was put into place in 1974, and the street has never been maintained by the City but instead by the adjoining property owners. The Lake Advisory Committee recommends that 50 feet of road right- of-way be vacated, with the city maintaining a 24 ft drainage easement in case the street is upgraded to city standards in the future. A video of the area was also presented. Jean Baudhuin, 5671 Woodside Road, read a statement that the DNR has opposed the vacation of all lake accesses and read an article pertaining to the Minnesota Supreme Court rulings on the issue. Ms. Baudhuin was strongly opposed to the vacation of any lake accesses. Bill Hayden, 15302 Flint Road, discussed the lack of parking or driveway access to the waterfront area and was in favor of a vacation. John Bautista, 15289 Flint Road, stated that there was no place to park should the access become public. Patrick McDonnell, 15268 Fish Point Road, was in favor of the vacation for security and safety reasons. M110695.DOC 3 Minutes of the Prior Lake City Council November 6, 1995 Leslie Zimmerman, 15354 Fish Point Road, expressed concern about traffic if the access is opened up. A1 Miller, 15276 Flint Road, was also in favor of vacation. Tom Moore, 5651 Woodside Road, representing the Sportsman's Club, spoke in opposition to the vacation of the access. Marilyn Johnson, 15292 Flint Road SE, spoke in favor of vacation. Councilmember Kedrowski supported the vacation as, in his opinion, it does not serve a public interest based on road width, lack of parking and poor access. Councilmember Schenck supported the vacation. Councilmember Scott said that the purpose of the access was ambiguous with no parking or street. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO Flint Road SUPPORT THE LAKE ADVISORY COMMITTEE'S Maves 1st. RECOMMENDATION TO VACATE THE LAST 50 FEET OF Addn. ROAD RIGHT-OF-WAY WHILE MAINTAINING A 24 FOOT DRAINAGE EASEMENT, AND TO ALSO VACATE THE REMAINING WATERFRONT BACK TO THE RESPECTIVE LOT OWNERS OF MAVES FIRST LAKE ADDITION. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. B. The second access under consideration was Red Oaks (Lot 34). Lani Leichty explained that this lot was originally dedicated to the public in the original plat as waterfront in 1930. Lots 35, 36 and 37 of Red Oaks plat are located in the flood plain and are unbuildable lots. Mr. Leichty stated that in his research he found that after the plat was recorded, Lot 34 was transferred via Certificate of Title to another property owner in 1935. Nowhere in that Certificate of Title was there any mention of Lot 34 being dedicated to the public in the original plat, or that the City had vacated Lot 34. The lot is now owned by Mr. and Mrs. Hanel. The County Examiner stated that it is a record issue and since the City has never asserted its' rights, especially since property taxes have been paid on the property in question, that it would be a good idea for the City to have it on public record that the City of Prior Lake wishes to vacate any remaining public interests that may exist on Lot 34. MOTION BY SCHENCK, SECOND BY SCOTT, TO VACATE ged Oaks ANY INTERESTS IN LOT 34 OF RED OAKS THAT THE CITY ?ublic Access M110695.DOC 4 Minutes of the Prior Lake City Council November 6, 1995 MAY HAVE, AND ALSO TO VACATE REMAINING WATERFRONT IN RED OAKS ABUTTING PRIVATE PROPERTY. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 7. OLD BUSINESS A. Consider Adoption of Resolution 95-101 Approving a Conditional Use Permit for Midwest Cablevision. City Manager Boyles stated that Council had referred this matter back to staff, Midwest Cablevision and Norex to come to a mutual agreement. Both Midwest Cablevision and Norex (Ron Haberkorn) have agreed to share the $1,790 cost of a brick face on one wall. Therefore, the issue has been resolved and staff is recommending approval of the Resolution. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO ~Iidwest APPROVE RESOLUTION 95-101 APPROVING A Cablevision CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION Cond. Use TO ALLOW THE EXPANSION OF MIDWEST CABLEVISION, A Permit PUBLIC UTILITY, WITHIN THE R-2 ZONING DISTRICT. RS 95-101 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Consider Review of City Council Directives for January-October 1995. City Manager Boyles reviewed the directives with Council. Discussion occurred regarding an Operational Audit for individual departments. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO operational CONSIDER CONDUCTING AN OPERATIONAL AUDIT ONCE Audit A YEAR BY DEPARTMENT. Discussion occurred regarding the intent of the audit, and exactly what Councilmembers were interested in; whether it was just one portion of the department on which the audit would be conducted or whether it would involve the entire operation of the department. Several Councilmembers were concerned about the extent of the audit and its cost. Councilmember Kedrowski withdrew his motion and Councilmember Schenck concurred. Mt 10695.DOC 5 Minutes of the Prior Lake City Council November 6, 1995 MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO DIRECT STAFF TO GATHER THE INFORMATION NECESSARY TO DETERMINE THE EXTENT OF INVOLVEMENT OF STAFF, THE COST PER YEAR TO CONDUCT THE AUDIT ON AN INDIVIDUAL DEPARTMENT AND ANY OTHER PERTINENT FACTS REGARDING WHAT IS INVOLVED IN CONDUCTING AN OPERATIONAL AUDIT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. C. Councilmember Kedrowski commented on the Sheriffs reports on lake law enforcement and requested that Sheriff Nevin present a report to the Council personally. The other Councilmembers concurred with this request. 8. NEW BUSINESS A. Consider Approval of Selection of New City Attorney Effective January 1, 1996 - City Manager Boyles requested that this item be removed for consideration at a future date. B. Consider Approval of Firefighter Request for Improved Pension Benefits. - City Manager Boyles stated that the request is for authorization to increase the pension benefit from $1,900 to $2,000 per year of service. City Manager Boyles stated that one of the reasons the City provides pensions to firefighters is to attract and retain qualified firefighters. MOTION BY KEDROWSKI, SECOND BY SCHENCK, AUTHORIZING A REVISION IN ARTICLE 8, SECTION 2 OF Fire THE PRIOR LAKE FIRE RELIEF ASSOCIATION BYLAWS Relief INCREASING PENSION BENEFITS FROM $1,900 PER YEAR Association OF SERVICE TO $2,000 PER YEAR OF SERVICE EFFECTIVE Benefit JANUARY 1, 1996. Increase Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 9. OTHER BUSINESS A. Consent Agenda Item D, Consider Approval of Ordinance 95-17 Amending Title 5 of the City Code, Section 7 of the Zoning Ordinance o1~ 95-17 Time Limits to comply with State Statutes providing Time Limits for Zoning M110695.DOC 6 Minutes of the Prior Lake City Council November 6, 1995 Decisions. - Discussion occurred regarding the ordinance. Mayor Andren noted a correction on Page 2, and discussion occurred regarding the time periods identified in the ordinance and the integration of the new ordinance with existing City Code and Zoning Ordinance. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO REFER THE ORDINANCE BACK TO STAFF FOR FURTHER REVIEW. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B. Mayor Andren commented on two letters and an article she had received, and discussion occurred regarding the status of the Vierling property dispute. City Manager Boyles stated that all four departments (Planning, Building, Administration and Engineering) will get together to determine the action to be taken by staff. The action will be shared with the Council in the Update. C. City Manager Boyles reported on the status of the Wild Oaks development and the need to resubmit a preliminary plat and request a time extension for Council consideration. D. Councilmembers were reminded of the special meeting on Wednesday, November 8 to canvass the election votes. E. Councilmember Schenck reported on the result of the November 2nd A.M.M. Livable Communities Act Forum which he attended as a representative of Prior Lake. F. City Manager Boyles reviewed several items in the recent Update Memorandum. Councilmember Greenfield inquired about when the CIP would be considered. He also questioned whether to hold a Winter Workshop in Prior Lake or out of town. Council concurred that, in the interest of saving taxpayer's money and to afford them closer availability should the public choose to sit in on their discussions, the workshop should be held in Prior Lake or the surrounding community. MOTION BY GREENFIELD, SECOND BY SCHENCK, TO Winter HOLD THE ANNUAL ~VINTER WORKSHOP IN PRIOR LAKE Workshop OR SURROUNDING COMMUNITY. M110695.DOC 7 Minutes of the Prior Lake City Council November 6, 1995 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT - There being no further business, the meeting adjourned at 9:10 P.M. The next regularly scheduled meeting w/ffl be Monday, November 20, 1995. Recording Secretary M110595 DOC 8