HomeMy WebLinkAboutAgenda & Minutes2.
3.
4.
OPEN FORUM
7:00 P.M.
REGULAR COUNCIL MEETING
AGENDA
November 20, 1995
CALL TO ORDER ......................................................................... 7:30 P.M.
PLEDGE OF ALLEGIANCE
CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
CONSENT AGENDA
Ao
B.
C.
D.
E.
F.
Consider Approval
Consider Approval
Consider Approval
Consider Approval
of Invoices To Be Paid
of Animal Control Officer Report
of Monthly Building Permit Report
of Fire and Rescue Report
Consider Approval of Treasurer's Report
Consider Approval of Partial Payment to Scott County for CSAH 44
Improvement Project.
G. 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.
H. Consider Approval of Final Payment for Fish Point Road, Project 93-05.
I. Consider Approval of Change Order #3 for Project 93-01, Industrial Park
Storm Sewer and 95-02, Creekside Circle.
J. Consider Approval of Publication of a Summary of Shoreland
Management Ordinance Rather than the Complete Document.
K. Consider Approval of Request from RCS Associates, Inc. to Extend the
PUD and Preliminary Plat Review Deadline for Wild Oaks from
December 2, 1995 to January 31, 1996.
L. Consider Approval of Resolution 95-113 Rejecting All Bids for Memorial
Park Concession/Restroom Building.
PRESENTATIONS
A. Sheriff Nevin Regarding Lake Enforcement Issues
A112095.DOC
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fa:~ (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. PUBLIC HEARINGS
7. OLD BUSINESS
A. Consider Approval of 1996-2000 Capital Improvement Program
Bo
Consider Approval of Special Assessment Policy Amendments:
1) Administrative Land Divisions
2) Special Assessment Policy Revisions and Ordinance 95-18, Amending
Street Overlay Definition of Section 9-1-6 of Prior Lake City Code
C. Consider Approval of a Motion to Reimburse MSA Consulting Engineers
for Additional Work Required for Carriage Hills Parkway Project Phase I.
NEW BUSINESS
A. Consider Confirmation of
Effective January 1, 1996.
Appointment of New City Attorney Firm
9. OTHER BUSINESS
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
Al12095.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
o
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.
PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of
Allegiance and welcomed everyone to the meeting.
CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
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
Councilmembers 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
APPROVE THE REGULAR COUNCIL
OCTOBER 16 AS AMENDED.
SCHENCK, TO
MINUTES OF
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
THE SPECIAL COUNCIL MEETING MINUTES OF OCTOBER
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.
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.
Do
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.
Mayor Andren requested that item D be removed for further
discussion under "Other Business."
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE THE CONSENT AGENDA ITEMS A THRU C AND
ITEM D BE REMOVED FOR DISCUSSION.
M110695.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 -
Ao
Mayor Andren read a proclamation for Youth Appreciation Week as
requested by the Prior Lake Optimist Club, and then proclaimed the
second week of November, 1995 as Youth Appreciation Week.
6. PUBLIC HEARINGS
Ao
Public Informational Hearing for Public Accesses: Flint Road and
Red Oaks (Lot 34). City Manager Boyles stated that the Lake
Advisory Committee had prepared a report for Council's review and
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 Mares 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 pubhc.
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
Bo
Leslie Zimmerman, 15354 Fish Point Road, expressed concern about
traffic ff 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.
Councflmember 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
SUPPORT THE LAKE ADVISORY COMMITTEE'S
RECOMMENDATION TO VACATE THE LAST 50 FEET OF
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.
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
ANY INTERESTS IN LOT 34 OF RED OAKS THAT THE CITY
Ml10695.DOC 4
Minutes of the Prior Lake City Council November 6, 1995
MAY HAVE, AND ALSO TO
WATERFRONT IN RED OAKS
PROPERTY.
VACATE REMAINING
ABUTTING PRIVATE
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
7. OLD BUSINESS
Ao
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
APPROVE RESOLUTION 95-101 APPROVING A
CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION
TO ALLOW THE EXPANSION OF MIDWEST CABLEVISION, A
PUBLIC UTILITY, WITHIN THE R-2 ZONING DISTRICT.
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
CONSIDER CONDUCTING AN OPERATIONAL AUDIT ONCE
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.
M110695.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.
Co
Councilmember Kedrowski commented on the Sheriff's 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.
Bo
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
THE PRIOR LAKE FIRE RELIEF ASSOCIATION BYLAWS
INCREASING PENSION BENEFITS FROM $1,900 PER YEAR
OF SERVICE TO $2,000 PER YEAR OF SERVICE EFFECTIVE
JANUARY 1, 1996.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
9. OTHER BUSINESS
Ao
Consent Agenda Item 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
MI 10695.DOC 6
Minutes of the Prior Lake City Council November 6, 1995
Bo
Co
Eo
Fo
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.
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.
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.
Councilmembers were reminded of the special meeting on
Wednesday, November 8 to canvass the election votes.
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.
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
HOLD THE ANNUAL WINTER WORKSHOP IN PRIOR LAKE
OR SURROUNDING COMMUNITY.
M110695.DOC
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 will be
Monday, November 20, 1995.
City Manager
Recording Secretary
M110695.DOC 8
MINUTES OF THE PRIOR LAKE CITY COUNCIL
SPECIAL MEETING
November 8, 1995
1. CALL TO ORDER ......................................................................... 5:30 P.M.
Mayor Andren called the meeting to order at 6:05 P.M. on Wednesday,
November 8, 1995 at the Prior Lake Fire Station City Council Chambers.
Present were Mayor Andren, Councilmembers Schenck and Scott, and
City Manager Boyles. Councilmembers Greenfield and Kedrowski were
absent.
Canvass Results of November 7, 1995 City Council Election.
Consider Approval of Resolution 95-117, a Resolution of the Prior Lake
City Council Canvassing Returns of City Election.
Mayor Andren announced that the purpose of the meeting is to canvass
the results of the November 7, 1995 election. City Manager Boyles stated
that the resolution enclosed with the agenda packet fulfills the City
Council's statutory obligation to canvass the results of the City Election.
He stated that questions arose with respect to the absentee ballots, but
that he has been assured by those counting the ballots that the absentee
ballots were incorporated into the totals set forth in the resolution. The
resolution itself is simply an official record of the results of the City
Council election, and are not forwarded to any other party.
MOTION BY SCHENCK, SECOND BY SCOTT, TO ADOPT
RESOLUTION 95-117, A RESOLUTION OF THE PRIOR LAKE
CITY COUNCIL CANVASSING RETURNS OF THE CITY
ELECTIONS.
Upon a vote taken, ayes by Andren, Schenck and Scott, the motion
carried.
3. ADJOURN - Mayor Andren adjourned the meeting at 6:07 P.M.
City M7 ~//1
M11.0895S.DOC
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER