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HomeMy WebLinkAboutAgenda & Minutes . REGULAR COUNCIL MEETING , AGENDA January 3, 1994 1. CALL TO ORDER ........................7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. OATH OF OFFICE Mayor Lydia Andren Councilmember Allen Greenfield Councilmember Peter Schenck 4. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MINUTES 5. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Resolution 94-02 Authorizing Execution of Proxy in Favor of Certain Amendments to the Declaration of Trust of the Minnesota Municipal Money Market Fund. c. Consider Approval of R.L.S. (# to be assigned by Scott County) for Don McKush. 6. OLD BUSINESS A. Consider Approval of Resolution 94-04 Accepting Feasibility Study and Calling for a Public Hearing on 1994 Improvement Projects. 7. NEW BUSINESS A. Consider Approval of 1994 Fee Schedule B. Consider Approval of Ordinance 94-02 Amending Prior Lake City Code Title 9, Chapters 4 and 5. C. Consider Approval to Retain a Labor Negotiator to Conclude Labor Agreements with Bargaining Units. D. Consider Approval of Resolution 94-03 Authorizing Preliminary Plat and Ordinance 94-03 Rezoning of Westbury Ponds First Addition. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T r \ \ -\ - E. Consider Approval of Bylaws, Appointments, and Bids for 1994 - see attached summary. . Review and Consider Bylaws for 1994. . Consider Approval of Acting Mayor for 1994 . Consider Approval of Official Newspaper for 1994. . Consider Approval of Official Bank for 1994 . Consider Approval of Equalization Committee for 1994 . Consider Approval of Fire Chief and Assistant Chief for 1994. . Consider Approval of Liquor Committee for 1994. . Consider Approval of Auditing Firm for 1994. . Consider Approval of Fiscal Consultant for 1994. . Consider Approval of Civil Defense Director for 1994. . Consider Approval of Animal Warden for 1994. . Consider Approval of Health Officer for 1994. F. Consider Approval of Ordinance 94-01 Establishing Setbacks and Lot Area Standards for Properties Adjacent to Natural and Manmade Wetlands. 8. OTHER BUSINESS A. 9. ANNOUNCEMENT~CORRESPONDENCE 10. ADJOURNMENT Council will adjourn for Executive Session to discuss status of labor negotiations. AOl394WRT MINUTES OF THE CITY COUNCIL "'INNESO~~ Monday, December 20,1993 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, December 20, 1993 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Fitzgerald, Kedrowski, Scott and White, City Manager Boyles, Public Works Director Anderson, Parks Director Mangan, Planning Director Graser, Assistant Planner Garross, Planning Intern Mitchell, Attorney Kessel and Recording Secretary Birch. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - There were no additions or corrections. MOTION BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE DECEMBER 6,1993 MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Warden Report c. Consider Approval of Building Permit Report d. Consider Approval of Fire and Rescue Report e. Consider Approval of Volunteer Fire Fighter Pension Benefit Amount from $1750 per year of active service to $1900 per year of active service 1. Consider Approval of Prior Lake Lions Premise Permit Resolution 93-1 05 g. Consider Approval of Cigarette License Renewals h. Consider Approval of Temporary 3.2 Beer Permit for St. Michael'S Church i. Consider Approval of 1994 Animal Control Contract j. Consider Sale of Two Used City Vehicles k. Consider Approval of Treasurer's Report MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE CONSENT AGENDA ITEMS (8) THRU (k) White abstained from voting on item (h) Kedrowski abstained from voting on item (f) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQI1.4.-0PPORTUNITY EMPLOYER ~=-,=.....;,~""-'--".- "--"---'.--- T Prior Lake City Council Minutes December 20, 1993 Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 5. PRESENTATIONS: A. Presentation to Retiring Councilmembers John Fitzgerald and Gene White. Mayor Andren presented a plaque of appreciation to retiring Councilmembers Fitzgerald and White for their years of service to the community. Both Councilmember Fitzgerald and White addressed the Council and audience with comments regarding their years as Councilmembers for the City of Prior Lake. On behalf of the Council, Mayor Andren wished Mr. Fitzgerald and Mr. White the best of luck for the future. 6. PUBLIC HEARING 8:00 p.m. A. Public Hearing to consider Abbreviated Subdivision of Red Oaks Second Addition for Mike Benedict - Mayor Andren called the Public Hearing to order at 8:00 p.m. and read the notice as it appeared in the Prior Lake American on December 4 and 11, 1993, and explained the process to be used during the hearing. City Manager Boyles gave the introduction and read into the record a petition signed by residents in opposition to Mr. Benedict's request. This petition will be on file in the City Manager's office. City Planner Graser presented an overhead depicting the proposed subdivision and discussed details of the request. Points for the Council to consider included making a determination as to whether the pocket bay is a part of the lake or a wetland (the DNR had previously ruled that it has elements of both). Extensive discussion occurred on the definition of what constitutes a lake bed, setback variances, previous assessments and use of a private access road. The applicant's attorney, Bryce Huemoeller, addressed the Council with regard to Mr. Benedict's request. Supporting material and aerial view photographs were also handed out to Council. One point of discussion was the assessments paid by Mr. Benedict. Mayor Andren referred to a report stating that sewer and water provided to Mr. Benedict in 1972 and 1973 were assessed, but Mr. Benedict appealed the assessment on the basis that the lot was only one lot and deferred assessments pending subdivision of the property. A discussion occurred regarding the practice of averaging the assessments, precedent created by variances, and setbacks from wetlands as stated in the Shoreland Management Ordinance. -2- . .-.-.--. "."r-'--' . Prior Lake City Council Minutes December 20, 1993 MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE RED OAKS SUBDIVISION AND PRELIMINARY PLAT SUBJECT TO THE FOLLOWING: . Staff and legal Counsel develop the Findings of Fact setting forth the unique features of this property to Justify a private road. . The applicant must submit the proper variance requests from required front yard setbacks. . A determination as to whether the pond area Is or Is not construed as lake bed. Further discussion occurred regarding the definition of a private road. Upon a vote taken, ayes by Fitzgerald, Kedrowski, and White. Nays by Andren and Scott. The motion carried. MOTION BY WHITE, SECONDED BY SCOTT TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. A short recess was called The meeting reconvened 9:50 p.m. 8:30 p.m. B. Public Hearing to consider approval of Subdivision and Variance for Ken Llllyblad - Mayor Andren called the public Hearing to order at 10:00 p.m. and read the public notice as it appeared in the Prior Lake American on December 4 and 11, 1993. Mayor Andren explained the process that would be used during the hearing. City Manager Boyles introduced Planning Intern, Gina Mitchell, who presented details of the Administrative Land Division and discussed the requirement for two variances to subdivide the area from five to three lots. Ms. Mitchell stated that there had been no negative comments from adjacent neighbors, DNR or utility companies. A short discussion occurred. MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE ADMINISTRATIVE LAND DIVISION AND VARIANCES AS REQUESTED, SUBJECT TO SIX CONDITIONS AS FOLLOWS: 1. The existing garage on lot 13 be removed. -3- ..---.--------------r- . Prior Lake City Council Minutes December 20, 1993 2. The applicant revise the survey's legal descriptions for the newly created parcels. 3. A drainage plan for Tract B be submitted acceptable to the City Engineer, prior to the Issuance of a building permit. 4. A five foot side yard, and a 10 foot front and rear yard drainage and utility easements be given to the City, acceptable to the City Engineer. 5. Collector Street Fee of $364.00 must be paid prior to the Issuance of a building permit. 6. The Administrative Land Division has to be flied with Scott County by February 20, 1994, or the Administrative Land Division and Variance will become null and void. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION BY SCOTT, SECONDED BY KEDROWSKI TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 7. OLD BUSINESS - considered at 7:35 p.m. A. Consider Approval of Carriage Hills Third Addition Final Plat - Assistant Planner Garross presented an overhead depicting the proposed plat of the third addition and discussed details of the developer's agreement and the conditions which must be met for approval. Ms. Garross clarified that the 1993 fees will only be in effect until December 31, 1993 and that effective January 1, 1994 the new fee schedule will apply. Councilmember Scott noted that on page 5 of the Developer's Agreement - a blank should be filled in before the Agreement is finalized. MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE RESOLUTION 93-106 AS AMENDED TO DELETE ITEM 6. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. B. Consider Approval of Proceeding to Construction Plan and Specification Phase of Fire Station Architectural Design - City Manager Boyles briefly summarized the purpose of the item and turned the presentation over to Paul Mickelberg, architect with Boarman, Kroos. Mr. Mickelberg reviewed the floor plans of the -4- ._- ... .-. .....- . .. . ..------..--T"'------,-----...-.----- Prior Lake City Council Minutes December 20, 1993 Fire Station which included an overview of materials to be used in the construction (roof, floors, walls, windows, etc) and commented on use of the fire station by the Council and public. MOTION BY KEDROWSKI, SECONDED BY FITZGERALD TO AUTHORIZE BOARMAN, KROOS, PFISTER AND RUDIN ASSOCIATES TO PROCEED WITH PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE MAIN FIRE STATION WITHIN THE COST GUIDELINES SET FORTH IN THE CONTRACTUAL AGREEMENT BETWEEN THE CITY AND THE FIRM. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. C. Consider Approval of Rezoning for Leo Vierling Property from 1-1 Industrial to A-1 Agricultural - (This item was considered at 7:38 p.m.) City Manager Boyles introduced the item and turned the presentation over to Assistant Planner Garross. Ms. Garross discussed the Comprehensive Plan Amendment which had been passed to accommodate the Wilds development and stated that the rezoning from Industrial to Agricultural is the last step in the process. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE ORDINANCE 93-30 AMENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND PRIOR LAKE ZONING ORDINANCE NO. 83-6 SECTION 2.1. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 8. NEW BUSINESS (considered at 7:50 p.m.) A. Consider Approval of Resolution 93-107 Certifying 1994 Final Tax Levy and Conveying same to Scott County - City Manager Boyles discussed the reductions in the general operating budget as directed by the Council resulting in the reducing operating levy to 5.26% or a $15.92 saving on a $110,000 home, and discussed the revisions in the approval resolution. A short discussion occurred on the changes. MOTION BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE RESOLUTION 93-107 ADOPTING THE 1994 PRIOR LAKE BUDGET AND CERTIFYING FINAL CITY OF PRIOR LAKE TAX LEVY TO THE SCOTT COUNTY AUDITOR. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. -5- ..-- ....- .......-------..-.T"".--~.---.-----.-------... Prior Lake City Council Minutes December 20, 1993 A short recess was called. The meeting reconvened at 8:00 p.m. B. Consider Approval of Resolution 93-109 Authorizing Condemnation of Land for Carriage Hili Parkway and Pike Lake Trail - City Manager Boyles gave a brief introduction and background of the item. Public Works Director Anderson presented details of the eminent domain proceedings for the construction of Carriage Hills Parkway and Pike Lake Trail which included a review of actions by staff on.the land acquisition and Mr. Vierling's concerns. Discussion occurred regarding the proposed roadway and right of way, both permanent and temporary. Leo Vierling addressed the Council and reiterated his concerns with respect to water run off from Carriage Hill Parkway, and stated that he wanted a guarantee that he would be reimbursed from the City should it become necessary to install larger tiles from the pond to prevent flooding. After further discussion, Council directed staff to continue negotiations with Mr. Vierling even though the eminent domain proceedings are in process. MOTION BY FITZGERALD, SECONDED BY SCOTT TO APPROVE RESOLUTION 93-109 AUTHORIZING EMINENT DOMAIN PROCEEDINGS IN ACCORDANCE WITH MINNESOTA STATUTES, CHAPTER 117. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. C. Consider Ordinance 94-01 Establishing Setbacks and Lot Area Standards for Properties Adjacent to Natural and Manmade Wetlands MOTION BY WHITE, SECONDED BY KEDROWSKI TO TABLE THIS ITEM UNTIL JANUARY 3,1994. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 9. OTHER BUSINESS A. David Hunt, 4580 Lords Street SE, requested that Council provide him with an opportunity to speak regarding the lake access adjacent to his property. Mayor Andren explained that this issue would be brought up for information purposes only and that the Council did not intend to take action on the issue. City Manager Boyles provided the Council with a thumbnail sketch to apprise them of the events to date. Letters from the Sportsmans Club and residents on Lords Street were entered into the record. Mr. Hunt has prevented access to the lake by fencing and blockading the entrance. The Sportsmans Club is claiming right to use the access as public property since it has done so for over fifteen years and -6- .. --- ....---~---y--_...--.._-_.----...._- Prior Lake City Council Minutes December 20, 1993 the City has been providing some plowing and trash barrels at the location during that period. Mr. Hunt addressed the Council to explain his position on the issue. Mr. Gale Klingberg addressed the Council with regard to the Sportsmans' Club concerns and rights. Police Chief Powell addressed the Council and audience and stated that there had been threats against the Hunts in November and December and that the Police would not tolerate physical violence or vandalism. Mr. Hunt's attorney, Ray Stromme, addressed the issue and handed out additional information. Council agreed that the fence and barricade creates a liability for the City since it is located on street right-of-way and blocks a commonly used access to the lake for over fifteen years. Mr. Hunt must remove it or an injunction would be obtained ordering him to remove it. Councilmember White suggested that a Dispute Resolution should be implemented using an independent mediator. Further discussion occurred regarding prescriptive ownership by the public. Council urged the two groups to work the matter out between themselves. Mr. Hunt should notify the City whether the fence is going to be removed and if he does not remove the fence the City will obtain a restraining order. Council concurred that the following must take place: MOTION BY KEDROWSKI, SECONDED BY SCOTT TO DIRECT STAFF AS FOLLOWS: A. For safety's sake the fence and barricading must come down. B. Seek a temporary restraining order In case it is not down by earliest date possible. C. Continue to negotiate to determine whether a negotiated settlement Is possible. D. Seek a Declaratory Judgment to establish the public's right to that access. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. -7- . -.----..-...-.---- . .-..--;--..----.-.-...... Prior Lake City Council Minutes December 20, 1993 10. ANNOUNCEMENTS/CORRESPONDENCE There were no announcements or correspondence. 12. ADJOURNMENT MOTION BY KEDROWSKI, SECONDED BY WHITE TO ADJOURN THE MEETING. There being no further business the meeting adjourned at 12:10 a.m. The next Council meeting will be M~nday. ry 3r4 at 7:30 p.m. c~e ! \ / , fQ J AAJAJ Recording Secretary -8- ,. .