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HomeMy WebLinkAboutAgenda & Minutes ~ REVIEW AND VIEW PROPOSED COUNTY ROAD 44 IMPROVEMENTS 6:00 P.M. REGULAR COUNCIL MEETING AGENDA Tuesday, September 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 Resolution 94-55 Certifying Proposed Tax Levy to Scott County Auditor c. Consider Harbor Properties Assessment Abatement. d. Consider Approval of Change Order for Main Fire Station. e. Consider Approval of Final Payment on Projects 93-06 and 93-19 Pike Lake Trail Sewer Extension and Forest Oaks Improvements. 5. PRESENTATIONS: A. Consider Improvement Plans for County Road 44 Improvements. B. Consider Petition to Prohibit Motorized Boats from Pike Lake. 6. PUBLIC HEARINGS: 7. OLD BUSINESS 8. NEW BUSINESS A. Consider Variance Appeal Request by Adrienne Carney B. Consider Appointment of New Chair to Planning Commission. 9. OTHER BUSINESS 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 'T r MINUTES OF THE CITY COUNCIL Monday, August 15.1994 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, August 15, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Kedrowski and Scott, City Manager Boyles, Assistant City Manager Carlson, Acting Planning Director Tremere, Assistant Planner Garross, Planning Intern Mitchell, Attorney Rathke and Recording Secretary Birch. Councilmember Schenck was absent due to being out of town. 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 - The following amendments were noted: Page 1 - Call To Order. Councilmember Kedrowski requested that instead of showing him as absent that the sentence should read: "Councilmember Kedrowski was absent but did arrive at 8:00 p.m." Page 1 - Item 3 - second sentence. The amendment indicated that the word "bridging" should have been capitalized as it is a Rotary organization. Councilmember Scott stated that it is a service organization that is working with the Rotary. Council concurred that the word "Rotary" should be deleted and should read as follows: ....."as it is a service organization...." MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE MINUTES AS AMENDED. Mayor Andren abstained from voting on item 8 C of the minutes as she had vacated the chair during the discussion due to possible conflict of interest. Upon a vote taken, yeas by Andren (except 8C), 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 Permit Report d. Consider Approval of Fire & Rescue Report 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN -EbUAL OPPORTUNITY EMPLOYER , I Prior Lake City Council Minutes August 15, 1994 e. Consider Amended Resolution 94-41 Approving Tax Increment Financing District 2-3 and The Use of Tax Increment Financing. Consider Approval of Election Judge Appointments for Primary and General Election. Consider Application for Deferment of Special Assessments for Gerhard Zaudtke for Prior South Improvements. Consider Approval of Purchase Agreement for 12.6 Acres of Property Lying Immediately East of the Waterfront Passage Business Office Park. Consider Approval of Clean-up Day Program for Saturday, October 15,1994. Consider Approval of Ordinance 94-12 Amending Section 1-6-5 and 1-6-5 E and Section 1-12-4 of the Prior Lake City Code Regarding Purchasing and Sales of Publicly Owned Commodities. Consider Approval of Treasurer's Report City Manager Boyles requested that Item 4 (e) (Consider Resolution 94-41 Approving Tax Increment Financing District 2-3 and the Use of Tax Increment Financing) should be removed and tabled until the first of the year as requested by Roger Guenette. The reason being that a shortage of concrete building materials will delay the project until March, 1995. A revised resolution will be introduced at that time. '1. g. h. i. j. k. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE CONSENT AGENDA ITEMS (8) THRU (k) with exception of item (e) Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. 5. PRESENTATIONS: A. A presentation by School Superintendent, Les Sonnabend, regarding the September 13, 1994 Bond Referendum. Dr. Sonnabend reviewed the Project Proposals for the School District and other details of the items included in the upcoming school bond referendum in September. Dr. Sonnabend complimented City staff for working closely with the School District officials in researching possible sites for construction of a new school. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-53 EXPRESSING SUPPORT FOR THE PRIOR LAKE/SAVAGE SCHOOL DISTRICT. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. -2- Prior Lake City Council Minutes August 15, 1994 6. OLD BUSINESS A. Consider Approval of Resolution 94-52 Awarding Bid for Project 93-02 (Carriage Hills Parkway) and Authorize MSA Consulting Engineers to perform construction engineering services. Assistant City Engineer Loney handed out a revised Resolution 94-52 indicating the bids for project No 93-02. Mr. Loney stated that both MSA and city staff recommends that the bids be rejected at this time because of the high bids, and suggested that bids be submitted again this winter on the project. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO REJECT RESOLUTION 94-52 AWARDING BID FOR PROJECT 93-02 (CARRIAGE HILL PARKWAY) BECAUSE THE BIDS WERE TOO HIGH. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. B. Consider Amendments to Developers Agreement for Phase I of The Wilds Between City of Prior Lake and Prior Lake Development L.P. City Manager Boyles reviewed changes in the Developers Agreement as follows: Page 2 - (a) $870,374 changed to $858,335. (b) $424,074 changed to $421,667 Section 5 - should refer to all three paragraphs with regard to County Road 83. Also within #11 CSAH was changed from CSAH. Exhibit K changed to add reference to paragraphs 11, 12 and 13 of Exhibit I. Page 2 - Page 2 - Page 4 - Director of Public Works Anderson reviewed Amendment No. 1 to the Developers Agreement and discussed the details contained within. Dick Burtness of Prior Lake Development L.P. addressed the Council regarding the Developers Agreement and discussed the financial guarantee for County Road 83 improvements. Mr. Burtness objected to having his money essentially tied up until construction on the CR 83 had been completed when the completion date is still unknown Mr. Burtness also indicated that the Mdewakanton Dakota community should also put up the same security that is expected of him. Extensive discussion occurred regarding the security of a Confession of Judgment as opposed to either a Letter of Credit or a Performance Bond. Attorney Rathke explained the differences and possible downside of a Confession of Judgment. After considerable discussion Councilmember Scott suggested that an assessment against the golf course for the $500,000 would be another alternative and, in addition to the assessment, that Mr. Burtness agree t" waive his assessment rights on the golf course in addition to the Confession of Summary -3- 'T " Prior Lake City Council Minutes August 15, 1994 Judgment. Staff was directed by Council to look into this suggestion and confer with the City Attorney for appropriate language for the agreement. <. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE AMENDMENTS TO DEVELOPERS AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND PRIOR LAKE DEVELOPMENT L.P. (THE WILDS GOLF CLUB AND RESIDENTIAL PLANNED UNIT DEVELOPMENT) AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AMENDMENT TO THE DEVELOPERS AGREEMENT AS AMENDED: 1. To reflect the assessment for the golf course. 2. Appropriate language by attorney for compilated financial statements (Exhibit L). 3. Asset to liability ratio would be three to one. 4. The word "Current" on both lines of Exhibit L to be deleted and language inserted in Paragraph 3 to the effect that the City can request judgment in the event the developer's net worth falls below three million dollars. 5. The Developer agree to waive his assessment rights with respect to the $500,000 street improvement obligation. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. 7. NEW BUSINESS A. Consider School District Request for School Liaison Officer Program Funding. City Manager Boyles discussed the recommendation for a School Liaison Officer as put forth by the Violence Prevention Committee and reviewed the financing for this program as stated in his report. Dr. Sonnabend reviewed several details of the School District's budgeted figure of $25,000 and their commitment to funding half of the amount without a maximum dollar limit in future years. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO ADOPT ALTERNATIVE #1 WHICH IS: TO CONCUR WITH THE SCHOOL DISTRICT AND PROVIDE $32,300 FOR THE 1994/1995 PROGRAM YEAR. IN EXCHANGE, THE SCHOOL DISTRICT WILL COMMIT TO PROVIDING 50% OF FUTURE YEAR PROGRAM FUNDING WITHOUT LIMIT, LEAVING THE CITY RESPONSIBLE FOR PROGRAM COSTS ABOVE AND BEYOND THE COMBINED SCHOOL AND COUNTY CONTRIBUTION AND -4- Prior Lake City Council Minutes August 15, 1994 ANY CONTRIBUTIONS WHICH MAY BE MADE BY OTHER BENEFITTING PARTIES, INCLUDING TOWNSHIPS, CITY OF SAVAGE OR ANY GRANTS OR DONATIONS WHICH MAY BE RECEIVED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. B. Consider Approval of Final Plat of Sterling South at the Wilds and Resolution 94-54. - Assistant City Planner Garross presented details of the final plat request for "Sterling South" and stated that there were some outstanding issues relating to the title opinion, restrictive covenants (which are to be done within the next day or two), and other outstanding items were related to getting final plans and documents to Engineering (to be completed shortly). Scott Clements, representative of the David Carlson Companies, addressed the Council regarding a couple of items in the Resolution and the Developers Agreement which has already been executed. Page 2: Definition of developer does not include Prior Lake Development Limited Partnership and should be added into the document, Page 6: Section 4, last paragraph, refers to City park trail installation and does not belong in this document as there is no park trail involved other than the sidewalk already included. Mr. Clements also requested further consideration be given to prohibition of parking on either side of each street. Larry Anderson stated that staff had researched standards for private developments and they have concluded that construction of private roads are governed by the same standards as public roads, and that parking on narrow streets is prohibited by the State Fire Code MOTION BY KEDROWSKI , SECONDED BY GREENFIELD TO ADOPT RESOLUTION 94-54 SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT OF "STERLING SOUTH" AT THE WILDS AND APPROVING THE AMENDMENT TO THE DEVELOPERS AGREEMENT ON PAGE TWO (DEFINITION). Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. A short recess at 9:05 p.m. The meeting reconvened at 9:15 p.m. City Manager Boyles complimented Deb Garross and Bruce Loney for their hard work on the Sterling South and The Wilds development. -5- 'T t Prior Lake City Council Minutes August 15, 1994 C. Consider Approval of Administrative Plat and Variances for Suzanne Kruse - Gina Mitchell presented an overhead of the Certificate of Survey and discussed the proposal to re-subdivide Lots 10, 11 and 12 Eastwood which are lots of record, each 50' wide by approximately 390' deep, to create two parcels. The variances requested were as follows: Parcel 1: A 14.81 foot lakeshore lot width variance (measured at front setback line) from the 90 foot lakeshore lot width requirement. A 5 foot east side yard variance from the 10 foot side yard setback requirement (for a proposed future building pad). Ms. Mitchell displayed an overhead of the area and discussed the topography, tree cover, utility easement designation and objections received from the DNR and adjacent property owners. The DNR objected on the basis that the applicant currently has reasonable use of the property and the creation of lots that do not conform to required standards is inconsistent with the state's shoreland rules. City Attorney Kessel reviewed the proposal and has stated that the application is consistent with the City's previous actions since a demolition permit application was received by the City. Residents objected to the 5 foot side yard variance on the grounds that their view would be obstructed. Ms. Mitchell also discussed the Engineering Department requirements for a 10 foot setback further south than the survey shows due to an existing utility easement. The Finance Department stipulated that the development fee of $825 for Collector Street Fees be collected as a condition of approval of the Administrative Land Division. The Parks Department has stated that there are no park dedication fees required since the property is a lot of record. The Administrative Land Division must be recorded by Scott County and water stub fee to be paid by applicant. Ernie Larson and Suzanne Kruse - presented an overhead of the subject site. Mr. Larson gave a brief history of his process to divide the lots. Tod French - 6082 150th Street - neighbor on west - expressed opposition to the side yard variance. Developer Dan Rieland briefly discussed options for placement of the property, but stated that no footprint has been developed to date. Council discussion occurred regarding lot size, utility easement, placement of the proposed homes on the property and the DNR objections. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE THE ADMINISTRATIVE LAND DIVISION AS RECOMMENDED ON THE CONDITION THAT, UPON GRANTING REQUESTED LOT WIDTH VARIANCES, STRUCTURES, SETBACK AVERAGING BE USED TO DETERMINE THE FOOTPRINT LOCATIONS, AND THE FOLLOWING CONTINGENCIES: -6- Prior Lake City Council Minutes August 15, 1994 1. The existing home and all other structures must be removed within 60 days (October 15, 1994). 2. Five foot side yard and 10 foot front and year yard drainage and utility easements be given to the City for each parcel, according to Section 6-6-5:A of the Subdivision Ordinance, acceptable to the City Engineer. 3. Collector Street Fee of $825 must be paid as a condition of subdivision approval, according to the 1994 Assessment Policy. 4. The Administrative Land Division must be recorded with the Scott County Recorder by October 15,1994. 5. Approval of the Administrative Land Division does not imply or grant any future variance for future construction of buildings on each of the two newly created parcels. Mayor Andren noted for the record that the setbacks of structures to be built on parcels 1 and 2 are to be averaged. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. MOTION BY SCOTT, SECONDED BY GREENFIELD, TO DENY 5 FOOT EAST SIDE YARD SETBACK ON PARCEL 1 AND THE 5 FOOT WEST SIDE YARD SETBACK ON PARCEL 2. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. Consider Approval of Labor Agreement for Calendar Year 1994 and 1995 Between the City of Prior Lake and The American Federation of State County and Municipal Employees (AFSCME) Representing Office, Technical and Maintenance Employees - Peter Bergstrom reviewed the provisions of labor contract as approved by AFSCME and the City of Prior Lake on August 15, 1994 and ratified by the employees. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO RATIFY THE TWO YEAR LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND AFSCME. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, the motion carried. 8. OTHER BUSINESS Mayor Andren requested that two letters (one from Terry Caduff and one from Paddy Vedeen) be entered into the record. Both were letters of objection to the proposed CR 44 project and the negative impact it would have on their -7- .. T Prior Lake City Council Minutes August 15, 1994 properties. Blair Tremere stated that he would forward the letters to the County Commissioners. Council directed staff to Invite County Commissioners to the September 6 informational meeting. City Manager Boyles reviewed the August 12 Update regarding the interim Planning Director position being filled by Blair Tremere. Council concurred with the terms as outlined in the Update. City Manager Boyles discussed the next Strategic Planning session and requested Council's input as to a date convenient to them. Council concurred that Monday, October 10 from 6:00 to 10:00 would be acceptable. Councilmember Kedrowski requested and the rest of the Councilmembers concurred that staff should be directed to consolidate all of their correspondence in with either the Agenda packet delivery or the weekly Friday update delivery. This will accomplish two things: (1) It will save on postage costs and (2) it will assist Councilmembers in consolidating their reading material. Councilmembers also requested that when employees are leaving or new ones have been hired that this information be put in the Update. 9. ANNOUNCEMENTS/CORRESPONDENCE 10. ADJOURNMENT The meeting adjourned at 10:35 p.m. for the purpose of conducting a closed Executive Session to discuss pending litigation. The Executive Session was called to order at 11 :00 p.m. The Executive Session was adjourned at 12:30 a.m. 1 The next Council meeting will be Tuesday, September &;//1994 at 7:30 p.m. n 1. / /1 t/ l~ nag r Recording Secretary M81594.wRT -8-