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Joint City Council/Lake Advisory Committee Meeting
5:00 to 7:00 p.m.
OPEN FORUM - 7:00 P.M.
REGULAR COUNCIL MEETING
AGENDA
March 18, 1996
1. CALL TO 0 RDER............................................................................... 7 :30 p.m.
2. PLEDGE OF ALLEGIANCE
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES.
4. CONSENT AGENDA:
A. Consider Approval of Animal Warden Report.
B. Consider Approval of Building Permit Report and Year End Report.
C. Consider Approval of Fire and Rescue Report.
D. Consider Approval of Invoices to be Paid.
E. Consider Approval of Treasurer's Report.
F. Consider Approval of Fee Waiver for 81. Michael's Outdoor Concert.
G. Consider Approval of 81. Michael's 3.2 Temporary Liquor License.
5. PRESENTATIONS:
None
6. PUBLIC HEARINGS:
None
7. OLD BUSINESS:
A. Consider Approval of Contract With Advanced Resources for Development, Inc.
16200 ~e.~ek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
March 4,1996
MINUTES OF THE PRIOR LAKE CITY COUNCIL
March 4, 1996
1. CALL TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Monday, March 4, 1996 at 7:00 p.m. in the Council
Chambers. Present were: Mayor Andren, Councilmembers Greenfield,
Kedrowski, Mader and Schenck, City Manager Boyles, Assistant City
Manager Tremere, Public Works Director Anderson, Planning Director
Rye, 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 correctio~s were made: Page 5 top paragraph, third
sentence "Mayor Andren stated that the perception is that Council already
knows what the citizens want in the way of services........" should be
changed to: Mayor Andren stated that the city could use three
methods of determining the level of services which are: using
common sense, the Capital Improvement Program and
Comprehensive Plan instead of a survey.
MOTION BY KEDROWSKI, SECOND BY MADER, TO APPROVE
THE FEBRUARY 20,1996 COUNCIL MINUTES AS AMENDED.
Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion
carried. Greenfield and Schenck abstained because they were not present
at the February 20, 1996 meeting.
4. CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Adoption of Ordinance 96-08 Deleting the Abbreviated
Subdivision Process.
C. Consider Approval of Ordinance 96-06 Repealing Prior Lake City
Code Title 1, Chapter 10 Urban and Rural Service Tax Districts for
Municipal Property Taxes.
D. Consider Approval of Contract with Advance Resources for
Development and Resolution 96-27 Approving Tax Increment
Financing District No. 2-7 and the use of Tax Increment Financing.
16200 lMj~tfI~P~. S.E.. Prior Lake. Minnesota 55392-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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Minutes of the Prior Lake City Council
March 4, 1996
E. Consider Approval of Amendment to Joint Powers Agreement for
Prosecution Services.
F. Consider Approval of Resolution 96-26 Considering Acceptance of
Quote for Bluff Heights Pond Excavation Project 96-12.
G. Consider Approval of Resolution 96-25 Authorizing Award of Bid for
Traffic Marking, Street Sweeping, Seal Coating and Crack Sealing
Through Joint Powers Agreement.
Council requested Items D and E be removed for discussion.
Discussion occurred regarding the contract for Advanced Resources.
Council concurred that the document had some discrepancies and
recommended it should be tabled
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
APPROVE CONSENT AGENDA ITEMS A THROUGH G WITH
THE EXCEPTION OF ITEMS D AND E.
Upon a vote taken ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck. The motion carried.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE THE CONTRACT WITH ADVANCED RESOURCES
FOR DEVELOPMENT.
Discussion occurred on concerns relating to compensation and project
size. Council concluded that staff should review with the attorney
Councilmembers Kedrowski and Schenck withdrew their motion and
second.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
TABLE ACTION ON THE CONTRACT WITH ADVANCED
RESOURCES FOR ATTORNEY AND STAFF REVIEW UNTIL A
TIME CERTAIN (MARCH 18,1996).
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and
Schenck. The motion carried.
Discussion occurred regarding Page 1, Third paragraph from bottom,
Prosecution Joint Powers Agreement having to do with the adoption
of personnel rules for employees in accordance with the personnel
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Minutes of the Prior Lake City Council
March 4, 1996
rules of the City of Savage. City Manager Boyles clarified the
sentence by stating that the personnel rules will be used to govern
the employees of the joint powers agreement because they are housed
in the City of Savage and all of their accounts payable and accounts
receivable are generated from the City of Savage, therefore, it makes
sense to place them under the rules and guidelines of the City of
Savage.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE CONSENT AGENDA ITEM E.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and
Schenck. The motion carried.
Councilmembers expressed some concern as to whether the city could
be exposed to possible litigation under the joint powers agreement as
has been the case with the MPRS agreement. Attorney Barrett
replied that as a member of the joint powers agreement the city
would be treated as a defendant and because the city is a member of
that agreement, unless there is an insurance policy to provide for the
defense and indemnity of the payment of any judgment against the
joint powers agreement, the city would be liable as one of the
partners. If the city was required to take action it would cost money,
those actions as well might have to be paid by the city or insurance
company, but frequently the insurance company refuses to pay for
equitable relief, only damages.
City Attorney Pace has reviewed the Agreement and found no
problem with it, however, City Manager Boyles stated he would
discuss details of the Agreement with the City Administrator of
Savage.
5. PRESENTATIONS:
A. Mayor Lee Andren Presentation and Commentary to Deb Garross,
Assistant City Planner, in Acknowledgment of her services to the City
of Prior Lake. This item was removed from the agenda as Ms.
Garross was out of town.
6. PUBLIC HEARINGS: -
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Minutes of the Prior Lake City Council
March 4, 1996
Public Hearing to Approve Creation of Tax Increment Financing District
2-7 for Award Printing. - Mayor Andren called the public hearing to
order at 8:00 p.m. The purpose of the hearing was to consider Resolution
96-27 Establishing tl1.e district and approving the Tax Increment
Financing The Economic Development consultant, Roger Guenette,
provided a project booklet and discussed the total project cost, increment
details, square footage and estimated income tax stream for the 17,600
square foot facility proposed by Award Printing. Charles Anderson,
representing Award Printing, briefly discussed their plans and thanked
the Council for their efforts.
Mayor Andren opened the meeting for public comment. There were no
comments.
Discussion occurred regarding administrative fees and the meaning of
unrestricted funds which was explained by City Manager Boyles. Council
discussed the changes required in the TIF Booklet.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO ADOPT
RESOLUTION 96-27 AUTHORIZING TAX INCREMENT
FINANCING DISTRICT 2-7 AND THE USE OF TAX INCREMENT
FINANCING AND AMENDING THE TIF PLAN BOOKLET.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and Schenck.
The motion carried.
MOTION BY MADER, SECOND BY GREENFIELD, TO ADJOURN
THE PUBLIC HEARING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and Schenck.
The motion carried.
7. OLD BUSINESS:
A. Consider Approval of Resolution 96-23 Declaring Costs to be Assessed
and Ordering Preparation of Proposed Assessment Roll and
Resolution 96-24 Establishing the Date of the Assessment Hearing for
Project 94-02 Northwood Road Street Improvement.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO
APPROVE RESOLUTION 96-23 DECLARING COSTS TO BE
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Minutes of the Prior Lake City Council
March 4, 1996
ASSESSED AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT ROLL.
Public Works Dir~ctor Anderson presented information on the
Northwood Road funding which included: Project Cost, Assessment
Rates, Bonding, Break down of Funds and use of Municipal State Aid
funds.
A short discussion occurred regarding the property held by Scott
County along Northwood Road. It was determined that the City
under statute cannot assess Scott County for this property
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and
Schenck. The motion carried
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
APPROVE RESOLUTION 96-24 ESTABLISHING THE DATE
OF THE ASSESSMENT HEARING FOR PROJECT 94-02
NORTHWOOD ROAD.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and
Schenck. The motion carried
8. NEW BUSINESS:
A. Consider Approval of Creation of Tax Increment Financing - District
2-7 for Award Printing Construction Project. This item was discussed
as a public hearing - see action on page 4 - Public Hearing.
B. Consider Approval of Ordinance 96-07 Amending Title 5, Sections 5-5-
10 of the City Code and Sections 6.1 (E) of the Prior Lake Zoning
Ordinance 83-6 Establishing Restrictions on Fences in Lakeshore
Setback Areas in the Shoreland District - City Manager Boyles
summarized past actions by Council and stated this item requires a
4/5 vote.
MOTION BY GREENFIELD SECOND BY MADER, TO ADOPT
ORDINANCE 96-07.
A short discussion occurred on the restrictions.
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Minutes of the Prior Lake City Council
March 4, 1996
Upon a vote taken, ayes by Greenfield, nays by Andren, Kedrowski,
Mader and Schenck. The motion failed.
C. Consider Approval of Ordinance 96-09 Amending the Zoning
Ordinance and City Code to Add Driveway Width Standards for All
Land Uses Other than Residential. A short discussion occurred
regarding the fact that the current ordinance provides guidance only
on residential and that the amendment will set standards for non-
residential properties as well.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
ADOPT ORDINANCE 96-09 AMENDING THE ZONING
ORDINANCE AND CITY CODE,
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
D. Consider Approval of Annual Variance Report. The Planning
Commission is required to provide Council with an annual variance
report.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE THE VARIANCE REPORT,
Planning Director Rye reviewed the report with Council and noted
that side yard setback variance requests represented almost one-half
of the variance requests received by the department, and discussed
the pattern which occurs every year pertaining to setback requests
for side yard and deck replacements. The Planning Commission
recommends that that the Council consider amending the ordinance
by examining whether a clear precedent has been set by variances
granted in the past and that if the city continues to recognize that
lots of record are buildable, then the process should be less
cumbersome. They also recommended that if a resident has a non-
conforming deck as long as they don't encroach further onto the lake
then the need for a variance. for deck replacement would be
eliminated
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Minutes of the Prior Lake City Council
March 4, 1996
Council discussed the need to equalize the mechanism to bring
equality and reasonableness to the process considering the
substandard lots th~t exist and remarked on the importance that this
be addressed.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
INSTRUCT THE PLANNING COMMISSION TO REVIEW THE
SIDE YARD, DECK AND LAKESHORE SETBACK CRITERIA
IN THE CITY CODE AND RECOMMEND REVISIONS TO
EACH.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
9. OTHER BUSINESS:
Update Memorandum Review by City Manager Boyles:
. Shore land District Rules
. Picnic Request by Radio Station BOB - FM
. League of Minnesota Cities Conference meeting.
. Letter to the Chamber of Commerce.
. Proposed Park Dedication Ordinance
. Current Policy on wetlands.
Discussion occurred regarding the minutes and what they should and
should not contain.
MOTION BY MADER, SECOND BY KEDROWSKI, DIRECTING
STAFF TO LIMIT COMMENTS IN THE COUNCIL MINUTES TO
FACTUAL INFORMATION WHICH IS RELATIVE TO THE
DECISION MAKING PROCESS.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
A short discussion occurred regarding invoices and descriptive
information that should be added, especially with regard to professional
services, equipment and phone calls. A request was made for a report on
the financial impact of switching from rural to urban service tax
districts.
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Minutes of the Prior Lake City Council
March 4, 1996
City Attorney Barrett gave a brief synopsis on the status of the MPRS
litigation.
A short discussion occurred regarding the upcoming meeting with the
Metropolitan Council on Tuesday March 5 to discuss the city's
comprehensive plan.
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT There being no further business, the Council
adjourned to Executive Session to discuss Union Negotiations. Those
present were Mayor Andren, Councilmembers Greenfield, Kedrowski,
Mader and Schenck, City Manager Boyles, Assistant City Manager
Tremere, Attorney Barrett, Attorney Roszak and Recording Secretary
Birch.
The Executive Session adjourned at 10:40 p.m.
The next regularly scheduled Council meeting will be hel .' n Monday,
March 18, 1996 at the Fire Station/Council Ch.[(r t 7: o,/p.m.
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