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HomeMy WebLinkAboutAgenda & Minutes iJ-;L ..",""'" AGENDA Ju~e 6, 1994 1. CALL TO ORDER ........................7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MINUTES 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Agreement With Harold Bohlen to Restrict Building Permit To a Ten Acre Tract in Section 23. c. Consider Approval of Variance Application Fee for Harold Bohlen. d. Consider Approval of RLS for Vernon Hafferman. e. Consider Approval of Resolution 94-27 Appropriating General Fund Undesignated Balance To the Equipment Fund Reserve. f. Consider Approval of Cigarette Licenses for Green Heights Inn g. Consider Approval of Supplemental Agreement #1, Project 93-05 Fish Point Road Improvements. h. Consider Approval of Amendment to Joint Powers Agreement Between the Participating Cities and Minnesota Valley Transit Authority. 5. PRESENTATIONS: 6. PUBLIC HEARINGS: - 7:45 p.m. A. Conduct Assessment Hearing on Prior South Street Improvement Project 94-01 and Consider Approval of Resolution 94-29 B. Consider Approval of Proposed Ordinance 94-06 Amending Zoning Ordinance 83-6 To Incorporate Revised Sign Regulations. 7. OLD BUSINESS / A. Consider Approval of Resolution 94-30 Awarding Bid for Project 94-01 (Prior South Street Improvements) and Authorize MSA Consulting Engineers to Perform Construction Engineering Services. B. Consider Amendment to Ordinance 94-04 of Prior Lake City Code, Title 9, Chapter 3 "Public Waters" Affecting Surface Water Usage Accordance with Department of Natural Resources Recommendations. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "I' 'T" ...", . MINUTES OF THE CITY COUNCIL May 16,1994 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, May 16, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Council members, Greenfield, Kedrowski, Scott, City Manager Boyles, Assistant City Manager Carlson, Planning Director Graser, Parks and Recreation Director Mangan, Recreation Supervisor Woodson, Public Works Director Anderson, Attorney Kessel and Recording Secretary Birch. Councilmember Schenck was absent. 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 - Councilmember Scott had questions regarding paragraph 5, page 4 regarding Mayor Andren's statement concerning the Planning Commission agenda. Mayor Andren stated that is was an inquiry only and not a directive. MOTION BY, GREENFIELD , SECONDED BY, KEDROWSKI, TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Warden Report c. Consider Approval of Building Report d. Consider approval of Fire and Rescue Report e. Consider Approval of Treasurer's Report. f. Consider Approval of Lease Agreement for Municipal Parking Lot. g. Consider Approval of 1993 Annual Financial Report and Confirmation of Working Capital Level. h. Consider Partial Refund of Application Fees for Wensmann Realty. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE CONSENT AGENDA ITEMS (a) THRU (h) Upon a vote taken, yeas by Andren, Greenfield, Kedrowski and Scott, the motion carried. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EWAL OPPORTUNIlY EMPLOYER ^ , .....~.,"_.,'_._. ,.~....~-_.,-,._-..~_.,.""",.---"_.,;~.".~,,...,,,_...~._,-+..,...._,,>~._.~..-...................~.....,,_...,.,. .' -.-,...^..........,,,,,...- -~.;.'.,.,~,_.,..~....:.--.'"._.~.,.,.-<,...~.....~~,...~ ,. . '1 Prior Lake City Council Minutes May 16,1994 5. PRESENTATIONS: A. Presentation of $1700 For Eight Score Boards For The Ponds and Lake Front Park Ball Fields. Parks Director Mangan discussed the donation of $1700 for eight score boards by Jack Haugen of MSI Insurance (Mr. Haugen was not present due to a scheduling conflict). Mayor Andren suggested that a letter of thanks be sent to Mr. Haugen. B. Consider Approval of Parks Advisory Committee First Quarter 1994 Report. Bret Woodson discussed the report and reviewed the contents which included the youth, adult and tot activities, trips, dance workshops and craft activities which the Recreation Department conducted during the winter season, and also discussed the program evaluation for participants. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO ACCEPT THE PARKS ADVISORY COMMITTEE FIRST QUARTERANNUALREPOR~ Upon a vote taken, yeas by Andren, Greenfield, Kedrowski and Scott, the motion carried. City Manager Boyles submitted a special request by the Chamber of Commerce requesting approval of waiver of the 30 day waiting period for a license to conduct one-day lawful gambling during Lakefront Days. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE RESOLUTION 94-26 WAIVING THE THIRTY DAY WAITING PERIOD FOR THE CHAMBER OF COMMERCE TO CONDUCT ONE-DAY LAWFUL GAMBLING ON AUGUST 6 (LAKEFRONT DAYS). Upon a vote taken, yeas by Andren, Greenfield, and Scott, the motion carried. Kedrowski abstained. City Manager Boyles reported that additional negotiations have yielded an agreement acceptable to Becker Arena Products and the City. Adjustments were necessary because of the poor soil condition. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO ACCEPT BECKER ARENA PRODUCT'S LETTER OF AGREEMENT. AMENDING THE DEVELOPERS AGREEMENT PREVIOUSLY APPROVED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. -2- Prior Lake City Council Minutes May 16,1994 A short recess was called. The meeting reconvened at 8:00 a.m. 6. PUBLIC HEARINGS: A. Board of Review (8:00 p.m.) - Leroy Arnoldi. Mayor Andren called the pUblic hearing to order at 8:00 p.m. and explained the process to be used during the public hearing. City Manager Boyles stated that the central issue to be discussed is the market valuation and classification of property only, and noted that additional steps are provided for appeal. Mr. Boyles then turned the meeting over to Leroy Arnoldi, Scott County Assessor. Mr. Arnoldi explained the provisions of Minnesota state law with regard to property tax and the procedure used to ascertain a value. One of the laws is that property must be taxed at its market value. The following persons addressed the Board of Review with questions pertaining to their property valuation. Name Dominick Bamonte - Frank Fourre - Pat Worrel - Dick Wright Mary Mcilrath and Tom Scheele Bob Yeates- Patrick Flanagan - Doug Nelson - John Sweeney - AI Boik Joyce Andrews Suzanne Kruse (Ernie Larson) - Don Engel Clayton Lundeen Elmer Dellwo - Joe Passofaro Jeanne Hildebrandt Margaret Hecker - Kevin Bergstrom - John Kennedy - Gene Newstrom Manny Russo - Thor Johansen - Parcel # 25 1790120 25 141 0170 25 111 0060 24 284 002 0 25286011 0 25 1430100 25 1430100 259360470 25 048 022 0 25205031 0 25 141 0560 250420190 25 055 004 0 25 1170080 25 154011 0 25 1330800 259280123 25 141 0650 25 1720580 259320160 25 096 036 0 25 1380230 25 028 005 0 31 1936520 32 022 004 0 25 936 068 0 Mayor Andren asked if anyone else wanted to speak. There were no further comments. Mayor Andren indicated that a special Board of Review meeting will be held on Tuesday, May 31 at 7:00 p.m. to -3- .. .. Prior Lake City Council Minutes May 16,1994 hear property owner appeals should there be any after meeting with Mr. Arnoldi. MOTION KEDROWSKI, SECONDED BY GREENFIELD, TO RECESS THE PUBLIC HEARING UNTIL MAY 31 AT 7:00 P.M. TUESDAY, MAY 31,1994. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. A short recess was called. The meeting reconvened at 9:30 p.m. 7. OLD BUSINESS A. Consider Approval of Revision to Committee and Commission Bylaws - City Manager Boyles reviewed the revisions on which he and Councilmember Greenfield had worked. The major changes included: Role of the Chair, size of committee/commission, meeting dates, agenda mailing dates, self-evaluation and other minor revisions pertaining to grammar, spelling, etc. Jody Stroh of the Lake Advisory Committee discussed the changes and recommendations of the Lake Advisory Committee. Discussion occurred regarding the size of the Committee and meeting date. In reviewing the bylaws, Council concurred that, due to the nature of duties of the Committee, seven members would be acceptable, Page 2, Section E is to be amended to read, the lithe Committee shall consist of seven (7) members....." MOTION BY GREENFIELD, SECONDED BY SCOTT, TO ADOPT THE LAKE ADVISORY COMMITTEE BYLAWS AS AMENDED Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. Doug Berens of the Park Advisory Committee discussed the PAC's recommendations. The PAC also recommended retaining body size to seven members. Bill Mangan stated that a change in the meeting date could affect the ability of some of their members to attend regularly as two of them do travel as part of their job. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI TO APPROVE THE PARKS ADVISORY COMMITTEE BYLAWS CONTINGENT UPON RECOMMENDATION FROM THE PAC ON A MEETING DATE. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski and Scott, the motion carried. -4- Prior Lake City Council Minutes May 16,1994 ,j.,;<. -.- The Planning Commiss~on bylaws were reviewed. There were no Planning Commission members present to discuss the changes. Council reviewed the changes and proposed amendments and discussed those sections as mandated by statute. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO APPROVE THE PLANNING COMMISSION BYLAWS AS AMENDED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. MOTION BY GREENFIELD, SECONDED BY .KEDROWSKI, TO DIRECT STAFF TO PREPARE AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 3 SECTION 2-3-1., TO CONFORM- WITH THE CHANGE OF MEETING DATE FOR THE PLANNING COMMISSION AS PROPOSED BY THE COUNCIL. 1. - ]~ 3 2,,- 3 - '-f Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. The proposed Economic Development Committee bylaws were reviewed. Council concurred that the name should be changed to Business Development Committee (BDC). MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO APPROVE THE BUSINESS DEVELOPMENT COMMITTEE BYLAWS AS AMENDED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. B. Consider Resolution 94-24 Approving the Final Plat of the Second Addition to Raspberry Ridge and Developer's Agreement - Planning Director, Horst Graser, gave a brief overview of the plat's development process and stated that the final plat is in compliance with the preliminary plat. A short discussion occurred regarding the resolution format and the "Notes" at the bottom of the Resolution. Mr. Graser stated that the resolution is given to developers as their notification of requirements subsequent to the filing of plat and the notes are used as information for the developer. City Attorney Kessel stated that in order to keep the records clear the notes should be placed on a separate document if the purpose is to just put the developer on notice and not to confuse the issue as to what he is supposed to do for contingencies for plat approval prior to filing of the plat. Council and Mr. Graser concured with Mr. Kessel's recommendation. -5- ._..M_._'._",.....,...,_.,,",._.,'_.....,___.'""-'""'_..;.c......~_",.__~~_".w__._,_'""""..__~~...,"'",,,.,......._..... T , Prior Lake City Council Minutes May 16,1994 MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-24 APPROVING THE FINAL PLAT OF THE SECOND ADDITION TO RASPBERRY RIDGE AND DEVELOPER'S AGREEMENT. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. C. Consider Approval of Amendment to Developer Agreement For The Wilds Ph~se I. City Manager Boyles discussed the modifications to portions of the existing development agreement between the City confirming that the securities are established and to address the water and sewer construction. City Attorney Kessel commented on the agreement and advised that the General Partner of the partnership should sign the document on behalf of the limited partnership. Richard Burtness stated that he is the president of the corporation RKB, Inc. which is the general partner of the Prior Lake Development LP, a Minnesota limited partnership. Kessel also advised that the "Attest by City Clerk" should be deleted from the agreement. MOTION KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE AMENDMENT #1 TO THE DEVELOPMENT AGREEMENT WITH THE CHANGES AS RECOMMENDED BY CITY ATTORNEY KESSEL. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski and Scott, the motion carried. D. Consider Approval of Resolution 94-25 Approving Preliminary and Final Plat and Developers Agreement for Sterling North at The Wilds - Planning Director Graser discussed details of the preliminary and final plat and gave a brief overview of the project description. Six contingencies were incorporated to be completed within the next week or so by the developer to assure continuity between preliminary and final plat - A short discussion occurred regarding separate notes to be incorporated into a letter to the developer and responsibility for landscaping and upkeep of the islands within the development. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO APPROVE RESOLUTION 94-25 APPROVING THE PRELIMINARY PLAT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT OF "STERLING NORTH AT THE WILDS". Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. -6- Prior Lake City Council Minutes May 16,1994 Director of Public Works Anderson commented that an addendum to the Developers Agreement, Exhibit E, Item 8 had been added: Regarding building permits, which states that "a permit should not be issued until the site hc:isbeenJaraded," but he is suggesting that one building permit coulaD~fapph)ved before the site is graded to allow the developer to build one model home for display. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE DEVELOPERS AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND STERLING NORTH TO INCLUDE THE AMENDMENT BY THE CITY ENGINEER. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. 8. NEW BUSINESS A. Consider Mark and Dawn McQuillan Request for Administrative Land Division and Variance - Associate Planner, Gina Mitchell, discussed the request and presented an overhead of the property and reviewed events which had occurred prior to this request, along with the rational for granting a variance. Discussion occurred regarding a quit claim deed and other aspects of the request. Mr. McQuillan addressed the Council and stated that the land is under a family estate and all interested parties have signed off on a quit claim deed and are aware of the agreements to sell the property. Attorney Kessel advised that the quit claim deed should be signed by all affected property owners and filed with the County Recorder along with a note that this is a lot line adjustment. Council concurred with this statement. Mayor Andren requested when this property goes under the administrative land division and variance that a notation to the effect that this is a lot line adjustment to avoid any misunderstandings as to precedent setting for administrative land divisions. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE REQUEST FOR ADMINISTRATIVE LAND DIVISION AND VARIANCE CONTINGENT UPON THE FILING OF A QUIT CLAIM DEED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski and Scott, the motion carried. B. Consider Concept Plans for County Road 83 Improvements. - Assistant City Engineer Loney displayed an overhead of the road improvement area. Extensive discussion occurred regarding access to the road and proposed traffic plan. Council agreed that staff should contact the County Commissioners about the study underway showing proposed residential and commercial use of adjacent property, traffic circulation plans, both long range and -7- 'P . Prior Lake City Council Minutes May 16,1994 short range, and plans for sidewalks or bike paths along CR 82. Mayor Andren suggested that letters be sent to the County Commissioners regarding the issues on this roadway. C. Consider Establishment of Fund Balance Reserves for Future Expenditures. City Manager Boyles discussed the proposal for establishing fund reserves. Ralph Teschner discussed the options for Council to consider which included: Concur with the establishment of a revolving equipment fund, tax write down, or an appropriation to the parks fund. Council concured that the $300,000 should be used to establish a equipment fund and that this issue should be revisited each year. A resolution is to be placed on the June 6 consent agenda confirming this action. D. Consider Substitution of Lift Station and Force Main Instead of Gravity Sewer for The Wilds Phase I. This item was removed from the agenda. 9. OTHER BUSINESS City Manager Boyles briefed council members on a recent robbery and vandalism at the Ponds . An announcement of the next AMM Regional Meeting was made. Council members should notify the Executive Secretary if they wish to attend. Council members requested that staff monitor vehicular accidents and include a report in the update packet. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT There being no further business the meeting adjourned at 11 :45 p.m. The next regular Council meeting will be Monday, J~ 6, 199/' ~t 7:30 p.m. , ,I i Recording Secretary MS1694WRT -8-