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Home My WebLink AboutAgenda & Minutes {7 ,-.. " . tJZ{/}( ; .::1i:1.x.;_ OPEN FORUM - 7:00 P.M. REGULAR COUNCIL MEETING AGENDA February 20, 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 Animal Control Report. C. Consider Approval of Fire Calls Summary for December, 1995 and January, 1996. D. Consider Approval of Treasurer's Report. E. Consider Approval of Resolution 96-09 Authorizing Allocation of Damages to MPRS Defendants. F. Consider Approval of Building Permit Report. G. Consider Approval of Resolution 96-17 Establishing Findings and Facts and Denying Variance Request From Elmer Clarke, 16286 Park Avenue. H. Consider Approval of Resolution 96-20 Adopting Flexible Benefits Plan. 5. PRESENTATIONS: A. Mayor Lee Andren will be Confirming Receipt of Key to The City from Chimbote, Peru. 6. PUBLIC HEARINGS - None 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY' EMPLOYER 7. OLD BUSINESS: A. Consider Approval of Resolution 96-22 Denying Appeal of Variance for Brian and Marilyn Carlson - Subject Site, Lots 18 and 19, FAIRLAWN SHORES. 8. NEW BUSINESS: A. Consider Approval of Resolution 96-21 Approving City of Prior Lake Public Works Design Manual. B. Consider Approval of Authorization to Conduct a Taxpayer Service Satisfaction Survey. C. Consider Approval of Resolution 96-19 Enhancing City Economic Development Resources to Meet Future Needs. D. Consider Approval of Resolution 96-18 Reclassifying Certain Tax Parcels From the Rural Service District to the Urban Service District. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A022096.DOC of the Prior Lake City Council February 5, 1996 MINUTES OF THE PRIOR LAKE CITY COUNCIL February 5, 1996 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, February 5, 1996 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader and Schenck, City Manager Boyles, Planning Director Rye, Associate Planner Leek, Public Works Director Anderson, 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. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES The following amendments were made to the minutes: Page 1, second paragraph, motion read ....items A throue:h E should be changed to read: items through F. Page 4, paragraph 11, .....additional costs will be incurred bv the develooer.....should be changed to read: additional costs will be incurred by ( delete the and add the letter s to the word developer. Page 5 top of page, fIrst line, add After discussion both Councilmembers Kedrowski and Mader agreed.... Pages 6 and 7 should be re-written to clarify the discussion pertaining to the Wild Oaks issue. Mayor Andren also requested that in future minutes the actual order of the meeting should be reflected as opposed to the order as published in the agenda, and that all titles should be referred to as opposed to first names. MOTION BY ANDREN, SECOND BY GREENFIELD~ TO APPROVE THE MINUTES AS AMENDED. 16200 ~~~k Ave. S.E.. Prior Lake. Minnesota 553l72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL:AL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council February 5, 1996 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. 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. 1. 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. Councilmembers Greenfield, Mader and Kedrowski requested that Consent Agenda Items A, B, C, D J, Hand K be removed for discussion. MOTION BY ANDREN, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEMS E, F, G AND I. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Kedrowski abstained from voting on Item E. Consent Agenda Item A - Councilmembers Greenfield and Mader had a questions regarding the 1995/1996 billings. M020596.DOC 2 Minutes of the Prior Lake City Council February 5, 1996 MOTION BY KEDROWSKI, SECOND BY GREENFIELD; TO APPROVE CONSENT AGENDA ITEM A. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item E - Councilmember Greenfield had a question regarding the Investment Report Summary. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEM E. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item C. Councilmember Greenfield had a question regarding the contingent reserve. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEM C. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item J - Councilmember Greenfield and Councilmember Kedrowski questioned the findings of fact as listed on Resolution 96-16. Planning Director Rye discussed staff's actions with regard to this issue. There was also a discussion on the proper title for John Allen. MOTION BY GREENFIELD, SECOND BY SCHENCK, TO APPROVE RESOLUTION 96-16 AS AMENDED, INCLUDING FINDINGS OF FACT NUMBERS 2, 5, 6, 10, AND 11. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item H - Councilmember Mader had a question regarding the application. MOTION BY MADER, SECOND BY KEDROWSKI, TO APPROVE CONSENT AGENDA ITEM H. M020596.DOC 3 Minutes of the Prior Lake City Council February 5, 1996 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item K Councilmember Mader questioned whether the recommended action was in accordance with past practice. City Manager Boyles answered in th~ affIrmative. MOTION BY MADER, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 96-13 AFFIRMING THE CITY COUNCIL'S PERSPECTIVE WITH REGARD TO WORKER'S COMPENSATION COVERAGE FOR THE CITY COUNCIL, PLANNING COMMISSION AND ADVISORY BODIES. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item D - Councilmember Kedrowski had questions regarding the Agreement with SMDC-NES. MOTION BY GREENFIELD, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEM D. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried 5. PRESENTATIONS: A. On behalf of the City Mayor Lee Andren accepted a Business Community Service Award from Prior Lake Chamber of Commerce Representative Kate Haggerty, acknowledging the city's monetary contribution and service support over the years. B. Mayor Lee Andren issued a Proclamation Recognizing the 50th Anniversary of the Prior Lake Lions Club. This Proclamation will be presented to the Lions Club later in the week at their meeting. C. Mayor Lee Andren issued a Proclamation Declaring the Week of February 12 to 17, 1996 as Snowball Week in Prior Lake. 6. PUBLIC HEARINGS M020596.DOC 4 Minutes of the Prior Lake City Council February 5, 1996 A. A Public Hearing for the Vacation of Easement, Oak Ridge Court 2nd Addition by the City of Prior Lake. Mayor Andren called the public hearing to order at 8:35 p.m. -Planning Director Rye discussed the vacation proceedings. Mayor Andren asked if anyone wished to address the Council, there being none, the discussion was closed for public input. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 96-14 AUTHORIZING THE VACATION OF EASEMENT, OAK RIDGE COURT, SECOND ADDITION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried B. Consider Approval of Preliminary Plat and Variance for Wood Ridge Estates Fourth Addition. - Mayor Andren reopened the Public hearing at 8:38 p.m. City Manager Boyles referred to a memorandum from The City Attorney's office, and stated that Council might wish to take separate action to amend the subdivision ordinance for clarification. Discussion occurred regarding whether the lots meet size requirements, the number of variances necessary, minimum design standards, flag lots, etc. Joe Friedges addressed the Council with regard to the lots which he stated had been reduced from seven lots to three. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO CLOSE THE PUBLIC HEARING Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried MOTION BY GREENFIELD, SECOND BY ANDREN, TO APPROVE RESOLUTION 96-04. M020596.DOC 5 Minutes of the Prior Lake City Council February 5, 1996 Upon a vote taken, nays by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried, the Resolution was denied. Discussion occurred regarding the Attorney's opInIon on the abbreviated subdivision process and options for Council action. Council concurred that the abbreviated subdivision process should be deleted. A short recess was called. Meeting reconvened. 7. OLD BUSINESS: A. Consider Approval of Resolution 96-17 Denying Appeal of Variance Determination for Elmer Clark, 16286 Park Avenue Associate Planner Leek reviewed events which had taken place to date regarding Mr. Clarke's request for a 28 foot lakeshore variance and a 7.9 foot side yard setback variance on the South to allow the construction of a new house on the existing foundation of his previous house which was destroyed by fire in 1995. Attorney Barrett's opinion was that Council could require that the two lots be combined. Further discussion occurred regarding the request. Resident Lorraine Lillyblad addressed the Council to voice her objections to the varIance. MOTION BY MADER, SECOND BY GREENFIELD, DIRECTING THE STAFF TO PREPARE A RESOLUTION DENYING MR. CLARKE'S VARIANCE REQUESTS FOR CONSIDERATION ON THE FEBRUARY 20 AGENDA. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried 8. NEW BUSINESS: 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 Ilnprovements - City Manager Boyles discussed Council's direction to staff to address the assessment policy and stated that Council had concurred at the M020596.DOC 6 Minutes of the Prior Lake City Council February 5, 1996 workshop that an assessment policy of 40/60% be implemented instead of the current 60/40% policy. Paying for sidewalk improvements from collector street fees was the policy revision. MOTION BY MADER, SECOND BY KEDROWSKI, TO APPROVE ORDINANCE 96-05 AMENDING SECTION 9-1-6 OF THE PRIOR LAKE CITY CODE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE REFERENCED LANGUAGE UNDER SECTION III OF THE CITY ASSESSMENT POLICY WITH RESPECT TO FINANCING SIDEWALK INSTALLATIONS FROM THE COLLECTOR STREET FEES. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried A . Consider Approval of Resolution 96-12 Approving 1996 Capital Improvement Program Projects, Preparation of Plans and Solicitation of Proposals. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 96-12 APPROVING DESIGN AND PREPARATION OF PLANS AND SOLICITATION OF QUOTES OR BIDS FOR THE 1996 CIP PROJECTS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Don Beno 4201 Eau Claire Trail. discussed a letter sent to the City Council by the previous owner of 2040 Ea u Claire Trail, regarding the promise of a painted cross walk from their lot to the lake and cited a letter from Scott Markley, Scott County Engineer. City Engineer Anderson discussed the crosswalk locations, the criteria for determining the placement of the crosswalks on CR 21 and their concern for the safety issue with regard to site distance. Discussion occurred regarding the placement of the crosswalk. City Engineer Anderson stated that he and the County Engineer will take another look at the area to determine whether the shrubs Mr. Beno cut down M020596.DOC 7 Minutes of the Prior Lake City Council February 5, 1996 would be considered helpful in determining whether a crosswalk could be placed by Eau Claire Trail. B. Consider Approval of Confirmation of Actions Taken at January 19/20 City Council Workshop.- City Manager Boyles stated that Council had provided staff with numerous items which require final discussion and adoption. Discussion occurred regarding the Council's Goals and Objectives for 1996. Council directed staff to amend the section pertaining to annexation and change it to: Staff to identify top ten areas for annexation and the process that should be initiated. Council also amended the item on the 1997 General Fund Budget which should be changed to read Adopt a 1997 General Fund Budget which provides needed services with no tax increase." Further discussion occurred regarding the budget. Council concurred that staff should strive for growth in the budget only in relation to valuation growth. MOTION BY GREENFIELD, SECOND BY MADER, TO REVISE THE THIRD AND FOURTH TOP PRIORITY CITY COUNCIL GOALS AS PREVIOUSLY OUTLINED. Upon a vote taken, ayes by Andren, Greenfield, and Mader, and nay by Kedrowski and Schenck. The motion carried MOTION BY GREENFIELD, SECOND BY MADER, TO CONFIRM ACTIONS TAKEN AT THE COUNCIL WORKSHOP WITH AMENDMENTS AS STATED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried 9. OTHER BUSINESS: . City Manager Boyles reviewed the latest Update memorandum with Council which included: Special Assessment Issues, cable casts and contributions. . Discussion also occurred regarding Wood Ridge Estates 4th Addition. Council concurred that the abbreviated platting process be deleted. M020596.DOC 8 Minutes of the Prior Lake City Council February 5, 1996 MOTION BY ANDREN, SECOND BY KEDROWSKI, DIRECTING STAFF TO AMEND THE SUBDIVISION CODE BY DELETING THE ABBREV1ATBD SUBDIVISION PLATTING PROCESS. City Manager Boyles asked whether Wood Ridge Estates would still be covered under an abbreviated subdivision plat. Councilmember Kedrowski that he had talked to the applicant and that he was going to go through the regular process. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried 10. ANNOUNCEMENTS/CORRESPONDENCE · Councilmember Kedrowski had a question regarding the Watershed re-appointment. Council concurred that City Manager Boyles should place an ad in the paper soliciting applicants. . Councilmember Schenck expressed concern over Councilmembers removing so many Consent Agenda for discussion resulting in a long meeting. He suggested members call staff prior to the meeting if they have concerns or questions. 11. ADJOURNMENT MOTION BY ANDREN, SECOND BY KEDROWSKI, TO ADJOURN THE MEETING at 11:00 p.m. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried The next regularly scheduled Council February 20, 1996 at 7:30 p.m. (Mond , M020596.DOC 9 Minutes of the Prior Lake City Council February 5, 1996 MOTION BY KEDROWSKI, SECOND BY GREENFIELD TO APPROVE CONSENT AGENDA ITEM A. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item E - Councilmember Greenfield had a question regarding the Investment Report Summary. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEM E. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item C. Councilmember Greenfield had a question regarding the contingent reserve. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE CONSENT AGENDA ITEM C. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried Consent Agenda Item J - Councilmember Greenfield and Councilmember Kedrowski questioned the findings of fact as listed on Resolution 96-16. Planning Director Rye discussed staffs actions with regard to this issue. There was also a discussion on the proper title for John Allen. MOTION BY GREENFIELD, SECOND BY SCHENCK, TO APPROVE RESOLUTION 96-16 AS AMENDED, INCLUDING FINDINGS OF FACT NUMBERS 2, 5, 6, 10, AND 11. Upon a vote taken, ayes by Andren, Greenfield, Mader and Schenck, ~ l v nay by Kedrowski, the motion carried. Consent Agenda Item H - Councilmember Mader had a question regarding the application. MOTION BY MADER, SECOND BY KEDROWSKI, TO APPROVE CONSENT AGENDA ITEM H. M020596.DOC 3 Minutes of the Prior Lake City Council February 5, 1996 would be considered helpful in determining whether a crosswalk could be placed by Eau Claire Trail. Consider Approval of Confirmation of Actions Taken at January 19/20 City Council Workshop.- City Manager Boyles stated that Council had provided staff with numerous items which require final discussion and adoption. Discussion occurred regarding the Council's Goals and Objectives for 1996. Council directed staff to amend the section pertaining to annexation and change it to: Staff to identify top ten areas for annexation and the process that should be initiated. Council also amended the item on the 1997 General Fund Budget which should be changed to read Adopt a 1997 General Fund Budget which provides needed services with no tax increase." Further discussion occurred regarding the budget. Council concurred that staff should strive for growth in the budget only in relation to valuation growth. t-~j) MOTION BY GREENFIELD, SECOND BY MADER, TO CHANGE THE WORD "MINIMUM" IN THE 4TH LINE OF THE 1996 CITY COUNCIL TOP PRIORITY GOALS TO "NO." Upon a vote taken, ayes by Andren, Greenfield, and Mader, and nays by Kedrowski and Schenck. The motion carried MOTION BY GREENFIELD, SECOND BY MADER TO CONFIRM ACTIONS TAKEN AT THE COUNCIL WORKSHOP WITH AMENDMENTS AS STATED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried 9. OTHER BUSINESS: . City Manager Boyles reviewed the latest Update memorandum with Council which included: Special Assessment Issues, cable casts and contributions. . Discussion also occurred regarding Wood Ridge Estates 4th Addition. Council concurred that the abbreviated platting process be deleted. M020596.DOC 8 ""^.....,',.~...,..,"'"'.,...~"'.,.~''"__~,____....,"''.~'''......,....__~......._~_~..".,...,""._ ..,,"".........k._.,_. ,.."_.....,.k-'..~"'"".......~,_~._.....,.__~....~,,.,~.....~~,_~.............~...._,._~,,_...,___.._..w.."""...-._."....->. ..,~.,~,-"-~,..~--.......-,~