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JOINT CITY COUNCIL/PRIOR LAKE-SAVAGE
SCHOOL BOARD MEETING
5:00 P.M.
REGULAR COUNCIL MEETING
AGENDA
7:30 P.M.
February 5, 1996
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 4th Quarter Investment Report.
C. Consider Approval of Preliminary 1995 4th Quarter Budget
Report.
D. Consider Approval of 1996 Agreement with SMDC-NES for
Employee Assistance Program Services.
E. Consider Approval of Prior Lake Lions Gambling Premise
Permit.
F. Consider Approval of Resolution 96-11 Authorizing Submission
of a Grant Application, Receipt of Funds and Execution of a
Cooperative Agreement for the School Liaison Officer Program.
G. Consider Approval of 1996 Joint Powers Agreement for Traffic
Marking, Street Sweeping, Crack Sealing and Sealcoating.
H. Consider Approval of Application for Refuse Hauling by
Haultech Environmental.
I. Consider Approval of Resolution 96-08 in Support of Scott
County Plans for Four Lane County Road 18.
J. Consider Approval of Resolution 96-16 Denying Schematic and
Preliminary Planned Unit Development, Preliminary Plat and
Zoning Change to PUD, Planned Unit Development for Wild
Oaks.
K. Consider Approval of Resolution 96-13 Affirming the City
Council's Perspective with Regard to Workers Compensation
Coverage for the City Council, Planning Commission and
Advisory Bodies.
A020596.DOC
16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. PRESENTATIONS:
A. Mayor Lee Andren - Acknowledge Receipt of "Business
Community Service Award."
B. Mayor Lee Andren - Proclamation Recognizing the 50th
Anniversary of the Prior Lake Lions Club.
C. Mayor Lee Andren - Proclamation Declaring the Week of
February 12 to 17, 1996 as Snowball Week in Prior Lake.
6. PUBLIC HEARINGS
A. 7:35 P.M. Public Hearing: City of Prior Lake Vacation of
Easement, Oak Ridge Court 2nd Addition
B. Consider Approval of Preliminary Plat and Variance for
W oodridge Estates Fourth Addition.
7. OLD BUSINESS:
A. Consider Approval of Resolution 96-17 Denying Appeal of
Variance Determination for Elmer Clark, 16286 Park Avenue.
8. NEW BUSINESS:
A. Consider Approval of Resolution 96-12 Approving 1996 Capital
Improvement Program Projects, Preparation of Plans and
Solicitation of Proposals.
B. Consider Approval of Confirmation of Actions Taken at January
19/20 City Council Workshop.
C. Consider Approval of Ordinance 96-05 Amending Section 9-1-6
of the Prior Lake City Code Changing Street Overlay
Assessment Percentage/Method, and Consider Approval of
Special Assessment Policy Amendment with Respect to
Sidewalk Improvements.
9. OTHER BUSINESS:
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
A020596.DOC
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
January 16, 1996
1. CALL TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Tuesday, January 16, 1996 at 7:30 p.m. in the Council
Chambers. Present were: Mayor Andren, Councilmembers Greenfield,
Kedrowski, Schenck and Mader, City Manager Boyles, Assistant City
Manager Tremere, Public Works Director Anderson, Planning Director
Rye, Assistant City Planner Leek, Assistant City Engineer Wingard, City
Attorney Barrett and Recording Secretary Birch.
2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance
and welcomed everyone to the meeting.
3. MINUTES OF THE PREVIOUS MEETING: The following amendments
were made: Councilmember Greenfield noted on Page 6, first line of the
motion should include language further clarifying the motion that the
Chairman of the Planning Commission is to state at the opening of a
public hearing that the reopening of a public hearing is at the discretion of
the City Council.
MOTION BY KEDROWSKI, SECOND BY MADER, TO APPROVE
THE MINUTES AS AMENDED.
City J\tlanager Boyles noted that on Page 5, of the Planning Commission
Bylaws, Section 9, should also be amended to read: "The presiding officer
should read the statement that the public hearing may be re-opened at the
discretion of the City Council."
Council concurred that the Planning Commission Bylaws, Section 9,
should read "Presiding Officer can close the public hearing or it may be
continued to a date certain with a majority vote."
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and
Mader the motion carried.
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
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A:\ EQL.-\L OPPORTL:-;IT',. E:>IPlOYER
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Minutes of the Prior Lake City Council
January 16, 1996
E. Consider Approval of Treasurer's Report.
F. Consider Approval of Appointments to Various Advisory Committees.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
APPROVE THE CONSENT AGENDA ITEMS A THROUGH E.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and
Mader, the motion carried.
5. PRESENTATIONS - None
6. PUBLIC HEARINGS:
A. Conduct Public Hearing for Proposed Northwood Road Improvements:
1) Consider Resolution 96-05 Ordering Improvements and Preparation
of Plans on Northwood Road (Project 94-02).
2) Resolution 96-06 Approving Plans and Specifications and Ordering
Advertisement for Bids on Northwood Road (Project 94-02)
Mayor Andren called the public hearing to order at 7:45 p.m. City
Manager Boyles stated that a previous public hearing had been held in
1994, but because a year had elapsed it is now required by state
statute that another hearing be conducted. Public Works Director
Anderson gave the staff report and presented an overhead showing the
proposed improvements which included the rerouting of a storm sewer,
water quality control, ponding locations, trunk and line extension
placements, expected cost of the project ($1,313,000.00), and funding
sources. Also discussed were the sidewalk and additional parking
along Northwood Road. A special assessment hearing will be held in
February or March and the assessment term will be for 10 years.
Discussion occurred regarding the proposed street crossing at
Butternut, assessment value of the Dunn property, reasoning for the
widening of the street to 32 feet from 28 feet, parking along the wider
stretch of road, delineation of pedestrian crossing at Butternut, status
of right of way acquisition and whether the newly constructed roadway
would have to be torn up at the time of the Dunn property
development. Public Works Director .A..nderson discussed the
condemnation procedures and which properties were not yet acquired.
The following residents spoke at the meeting:
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Minutes of the Prior Lake City Council
January 16, 1996
John Tetzloff. 16337 Northwood Road. expressed concern about speed
on the wider section of the roadway and inquired about the placement
of the sidewalk. He also urged Council to look into the safety of the
intersection at C.R. 82 and Fremont Avenue.
Jim Laniel. 16633 Northwood Road. inquired as to why there was no
lighting planned. Larry Anderson explained that in accordance with
City policy, property owners may petition the city for lighting, the cost
of the installation will be assumed by the property owners and the city
will assume the maintenance costs.
John Champine. 3192 Butternut Circle NE. thanked Council for
starting the improvements on Northwood Road and requested that a
further examination be made regarding Northwood Road, examining
the crosswalk at Butternut Circle.
Extensive discussion Occurred regarding the safety issue of the
crosswalk placement and warning signs posted informing motorists of
the crosswalk.
Jim Laniel thinks that the crosswalk is fine where it is located.
Extensive discussion occurred regarding whether the sidewalk could be
continued on the west side instead of crossing over at Butternut Circle.
John Tetzloff also inquired as to whether provisions had been made for
the snowmobile trail which crosses Northwood Road to gain access to
the lake. Larry Anderson stated that curbs will be lowered at this
point for the crossing.
MOTION BY ANDREN, SECOND BY KEDROWSKI, TO
APPROVE RESOLUTION 96-05 ORDERING IMPROVEMENTS
AND PREPARATION OF PLANS ON NORTHWOOD ROAD
(PROJECT 94-02).
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
MOTION BY ANDREN, SECOND BY MADER, TO APPROVE
RESOLUTION 96-06 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR
BIDS ON NORTHWOOD ROAD (PROJECT 94-02).
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
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Minutes of the Prior Lake City Council
January 16, 1996
MOTION BY ANDREN, SECOND BY GREENFIELD, TO CLOSE
THE PUBLIC HEARING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
B. Conduct Public Hearing for Proposed Preliminary Plat of Woodridge
Estates Fourth Addition.
City Manager Boyles stated that a procedural question had come up
and that staff is requesting that the hearing be continued to February
5 to allow the City Attorney to look into the ordinance and determine
the procedure to be followed.
Mayor Andren opened the public hearing for W oodridge Estates.
MOTION BY ANDREN, SECOND BY MADER, TO CONTINUE
THE PUBLIC HEARING TO FEBRUARY 5.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
7. OLD BUSINESS:
A. Consider Approval of Ordinance 96-04 Amending City Code, Title 5,
Chapter 5 and Zoning Code with regard to Tree Preservation.
Assistant Planner Leek noted changes in an Ordinance which was
handed out at the meeting and presented an overhead of the major
provisions of the Tree Ordinance which included discussion on the
replacement of trees, new versus existing development or plats, tree
size, allowable tree removal without replacement and warranty
requirements to insure compliance with approved tree preservation
plans and security requirements.
Discussion occurred regarding what, if any, additional cost will be
incurred by the developer if this ordinance is approved.
MOTION BY KEDROWSKI, SECOND BY MADER, IN SECTION
B, SECOND PARAGRAPH, REMOVE FIRST SENTENCE AND
DELETE FIRST TWO WORDS, TO BE REPLACED vnTH
pLANNING DIRECTOR.
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Minutes of the Prior Lake City Council
January 16, 1996
Both Councilmember Kedrowski and lVlader agreed to withdraw the
motion.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
REVIEW THE TREE ORDINANCE AGAIN IN 18 MONTHS,
BASED ON NUMBER OF APPLICATIONS AND HOW IT IS
APPLIED.
Council discussed the fact that the Planning Commission's annual
report would address how many tree ordinance variances are acted
upon.
Upon a vote taken, ayes by Kedrowski and Schenck, nays by Andren,
Greenfield and Mader. The motion failed.
MOTION BY GREENFIELD, SECOND BY MADER, TO ADOPT
ORDINAl'lCE 96-04 AMENDING TITLE 5 OF THE PRIOR LAKE
CITY CODE AND THE ZONING ORDINAl'lCE 83-06.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and J\-Iader, the motion carried.
8. NEW BUSINESS:
A. Consider Approval of the Schematic PUD for Wild Oaks, Resolution 96-
02 and Preliminary Plat to Wild Oaks (Resolution 96-03) and
Ordinance 96-02 Re=oning the Wild Oaks Site to Planned Unit
Development.
Mayor Andren gave a brief background on the reason for reopening the
public hearing and stated that Councilmembers have received
additional information not originally presented at the previous public
hearing. She stated that a representative from the neighborhood
group would have fifteen minutes to present their information and the
representative for Wild Oaks would have fifteen minutes to present a
rebuttal.
MOTION BY ANDREN, SECOND BY GREENFIELD, TO
REOPEN THE PUBLIC HEARING TO CONSIDER APPROVAL
OF THE SCHEMATIC AND PRELIMINARY PUD FOR WILD
OAKS (RESOLUTION 96-02) Al~ ORDINANCE 96-02
REZONING THE SITE TO PUD AND THE PRELIMINARY
PLAT OF WILD OAKS (RS 96-03).
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Minutes of the Prior Lake City Council
January 16, 1996
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
Planning Director Rye provided a brief background on the proposed
plat and an overhead. Originally, the proposal was submitted in
January, 1995. The project has taken a couple of different forms. The
Planning Commission conducted two public hearings on the proposals,
originally recommending a denial for townhomes and extension of the
street. The applicant then reconsidered the request, resulting in the
application being given to the Council. Twenty townhouse units are
now proposed. It is being considered as a PUD. A schematic,
preliminary plat and zoning change must be approved. The applicant's
proposal was reviewed against all ordinances and was found to be
consistent with ordinances and with Shoreland provisions. The DNR
had no objections to the proposed pun, and it is consistent with the
Comprehensive Plan.
Neighborhood residents were present and voiced strong objections
regarding tree removal, townhouse development, lack of public park
space in the area, and the possibility of increased traffic. The
developer redesigned the project by decreasing the units from 23 to 20.
This design preserves 47 percent of trees of 12" or greater in size,
which is the size determined to be significant for this purpose. City
Manager Boyles explained the street redesign and encouraged the
Council to support a through street from Greenway to Shady Beach
Trail with elimination of the northerly segment of Conroy at CSAH
42..
Dave Frees, 6346 Conroy, a neighbor, stated that the developer was
going to improve Conroy Street, however, this proposal has been
eliminated. Proposed improvements stop at the Wild Oaks entrance.
This should be a T, not a cul-de-sac. Both city and residents are at risk
for street flooding. The developer was going to raise the street to
prevent flooding. Lot owners and the City will have to pick up the cost
for development of this area. Neighbors are in favor of a cul-de-sac and
vacating property. He also stated that there has been developer
misrepresentation because lake access has been advertised through
Conroy Bay Addition. The Association formed will attempt to
maintain lake access through various rights-of-way and recreational
easements. They would like an amendment added to the agreement.
The neighborhood would like an opportunity to review the agreement
before implementation. The neighbors disapprove of the Wild Oaks
development.
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lVIinutes of the Prior Lake City Council
January 16, 1996
A signed petition was entered into the record at the August meeting of
the Planning Commission.
Attorney James Sander, representing RCS Associates, stated that he
needed some time to review material pertaining to this item because
he had not received this material.
A 15 minute recess was called.
The meeting reconvened at 10:20 P.lY!.
l\IIr. Sanders stated that l\IIr. Frees has misrepresented the facts and
that Staff has stood behind the decisions already given to Council.
Concerning the slopes and bluff areas, in the packet which went out to
the Planning Commission, the DNR signed off on the documents that
there was no violation of the Shoreland ordinance. The developer has
complied with everything the city has required. The area in question
is a transition area between C.R. 42 and the Conroy Bay neighborhood.
Planning Director Rye addressed the criteria of shore impact zone, and
read the rest of the Shoreland Management Ordinance, but it stated
that intensive clearing of vegetation is defined as complete clearing of
trees and shrubs. It was originally recommended to the Planning
Commission that a full and complete tree inventory be conducted on
the site. Requirements of the PUD have been met.
l\IIayor Andren discussed the previous PUDs located in the city. One of
the primary objectives of the PUD is to preserve and enhance the
natural amenities. This wetland is unbuildable and unusable, and
protected by the Wetland Conservation Act. Discussion occurred
regarding the status of a PUD and the requirements which define a
PUD development. Andren feels this development appears to be
strictly a conventional townhome development, and does not meet the
purposes or objectives of a PUD.
Kedrowski supports staffs recommendation., He believes the road from
Greenway to Conroy needs to be addressed at this point.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
DENY RESOLUTION 96-02 TO APPROVE THE SCHEMATIC
Al."'ID PRELIMINARY PUD FOR WILD OAKS.
Upon a vote taken, ayes by .Andren, Greenfield, Kedrowski, Schenck
and l\Iader, the motion carried.
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Minutes of the Prior Lake City Council
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MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
DENY ORDINANCE 96-02 AMENDING SECTION 5-2-1 OF
PRIOR LAKE CITY CODE AND AMENDING SECTION 2.1 OF
PRIOR LAKE ZONING ORDINANCE 83-6.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
MOTION BY MADER, SECOND BY KEDROWSKI, TO DENY
RESOLUTION 96-03 TO APPROVE THE PRELIMINARY PLAT
OF ''WILD OAKS" SUBJECT TO SATISFACTION OF THE
CONDITIONS OUTLINED HEREIN PRIOR TO FINAL PLAT
SUBMITTAL.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
B. Consider Approval of Amendment to Conditional Use Permit for
Fairview Clinic to Allow Delay of Compliance to Conditional Use
Permit Condition.
This item was considered before Item 8 A.
There was some discussion to clarify the resolution. Resolution 96-07
was adopted denying a wood trash enclosure and requiring a brick
enclosure at the Fairview Clinic. Compliance with this is to be
completed by June 30, 1996.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD,
ADOPTING RESOLUTION 96-07 DENYING CONDITIONAL
USE PERMIT FOR CONSTRUCTION OF WOODEN
ENCLOSURE RATHER THAN BRICK.
A recess was called at 9:05 p.m.
The meeting was reconvened at 9:20 p.m.
The Council then returned to item 8A.
9. OTHER BUSINESS:
A. Additional design work for Northwood Road Project.
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Minutes of the Prior Lake City Council
January 16, 1996
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
AUTHORIZE FEE INCREASE TO MSA CONSULTING
ENGINEERS UP TO $67,000 FOR ADDITIONAL DESIGN WORK
REQUIRED FOR NORTHWOOD ROAD PROJECT.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and lVlader, the motion carried.
B. Review of Update - Frank Boyles reviewed some of the items in the
Update including the :MPRS issue to be covered in executive session,
insurance for the advisory bodies (no change is preferred), Workers
Compensation, the Five Hawks traffic light, a legislative dinner on
January 31st, and the necessity for a closed hearing to discuss
ne go tia tions.
C. Agenda Changes - Lee Andren suggested that when there are project
changes she would like to have these graphics in the agenda, and also
requested that staff would put together a hand out at the Planning
Commission level and clearly state that reopening of the public
hearing is at the Council's discretion.
MOTION BY AJ.'lDREN, SECOND BY KEDROWSKI, TO DIRECT
STAFF TO PREPARE MAPS FOR CHANGES IN THE AGENDA
AND TO PUT TOGETHER A PUBLIC HEARING HAND OUT
SHEET AT THE PLANNING COMMISSION LEVEL CLEARLY
STATING THAT REOPENING OF A PUBLIC HEARING IS AT
THE DISCRETION OF THE CITY COUNCIL.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and :Mader, the motion carried.
D. Maps. Andren proposed that maps for developments be made larger in
order to be able to read them more easily.
E. Sidewalk/Boulevard Maintenance - Kedrowski requested that staff
research and come up with a policy in relationship to whether the city
will maintain sidewalks in winter and mowing of boulevards in
summer.
MOTION FOR A DIRECTIVE BY KEDROWSKI, SECOND BY
SCHENCK, DIRECTING STAFF TO PREPARE A POLICY FOR
SUMlVIER BOULEVARD AND WINTER SIDEWALK
MAINTEN&'lCE.
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Minutes of the Prior Lake City Council
January 16, 1996
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and lV'lader, the motion carried.
F. Mr. Cramer wants the City to reiterate its support for the four lane
proposal for C.R. 18 and to underscore its necessity.
MOTION BY ANDREN, SECOND BY KEDROWSKI, DIRECTING
STAFF TO PREPARE A RESOLUTION ADDRESSING THE
COUNTY ROAD 18 ISSUE TO BE SENT TO THE COUNTY AND
TO MARK W. CRAMER, 4205 CHESTNUT LANE.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and
Mader, the motion carried.
G. Junkyards - A short discussion occurred regarding neighborhood
junkyards, lVlader would like to have an understanding as to the
ordinance in place and whether it is enforceable.
MOTION BY :MADER, SECOND BY GREENFIELD, DIRECTING
STAFF TO EVALUATE THE QUESTION OF ORDINANCES
RELATING TO NEIGHBORHOOD JUNKYARDS AND TO
DETERMINE IF THEY ARE ENFORCEABLE.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and :Mader, the motion carried.
H. Greenfield asked regarding the $62,000 left in the contingency fund.
MOTION BY GREENFIELD, SECOND BY ANDREN,
DIRECTING STAFF TO REPORT ON THE FINAL STATUS OF
THE CONTINGENCY FUND AND TO MAKE A
RECOMMENDATION TO INCLUDE A CONTRIBUTION TO
LAKEKFRONT PARK.
Greenfield wanted to make it publicly known that he supports a large
contribution to Lakefront Park and would like staff to recommend this
contribution. It was noted this will be appropriate when the amount is
known. The motion was withdrawn. Kedrowski suggested that staff
should report back with recommendations on use of the contingency
fund. lVlader agrees with Kedrowski that staff should make a report.
The motion was withdrawn by the maker and the seconder.
10.ANNOUNCEil1ENTS/CORRESPONDENCE
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Minutes of the Prior Lake City Council
January 16, 1996
I1.ADJOURNMENT:
A. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO
ADJOURN TO EXECUTIVE SESSION.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
B. Executive session to discuss pending litigation with respect to the
MPRS.
MOTION BY ANDREN, SECOND BY GREENFIELD TO
ADJOURN THE EXECUTIVE MEETING
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Mader, the motion carried.
C. There being no further business, the meeting adjourned at 11:45 p.m.
The next regular Council meeting will be held on Monday, February 5,
1996 at 7:30 p.m.
City Manager
Recording Secretary
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