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OPEN FORUM - 7:00 P.M.
REGULAR COUNCIL MEETING
AGENDA
April 15, 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.
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 1st Quarter Budget Report and Overview.
G. Consider Approval of 1 st Quarter Investment Report.
H. Consider Approval of Lease Agreement Between the City of Prior Lake
and Dwane and Merlin Arndt for Lease of Municipal Parking Lot.
I. Consider Approval of Refuse Hauler's License JME of Monticello, Inc.
J. Consider Approval of 3.2 Liquor License for Prior Lake Mudcats/Jays
K. Consider Approval of Payment for Previously Authorized Easement
Acquisition for Project 94-02 Northwood Road.
L. Consider Approval of a Fee Increase for Evergreen Land Services Co. for
Easement Negotiation for Project 94-02 Northwood Road.
5. PRESENTATIONS:
A. Presentation by Mayor Lee Andren to Prior Lake VFW:
1) Recognizing the 50th Anniversary of the VFW
2) Gold Star Mother
B. Presentation by Mayor Lee Andren of Arbor Day Proclamation
C. Presentation by Brauer and Associates of the Lakefront Park Master Plan
Study Recommendations.
A04IS96.DOC
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. PUBLIC HEARINGS:
A. Consider Adoption of Resolution 96-29 Vacating a Part of a Public
Roadway Easement Over, Under and Across Chatonka Beach Trail.
7. OLD BUSINESS:
A. Consider Approval of Resolution 96-41 Denying the Schematic Planned
Unit Development for Pheasant Meadow (Case File 96-001-PUD)
B. Consider Approval of Increase in Project Cost of $27,500 for Maintenance
Facility Project.
8. NEW BUSINESS:
A. Consider Approval of Resolution 96-40 Denying a Variance Appeal by
Jean Koenig of Planning Commission Decision in Case 96-020V A.
9. OTHER BUSINESS:
A. Adjourn to Executive Session to Discuss Pending Litigation.
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MINUTES OF THE PRIOR LAKE CITY COUNCIL
April 1, 1996
1. CALL TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Monday, April 1, 1996 at 7:35 p.m. in the Council
Chambers. Present were: Mayor Andren, Councilmembers Greenfield,
Kedrowski, Mader and Schenck, City Manager Boyles, Public Works
Director Anderson, Assistant City Engineer Wingard, Planning Director
Rye, and City Attorney Barrett.
2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of
Allegiance and welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
Councilmember Mader noted that there appeared to be a lack of
continuity between page 4 and 5 of the minutes. A clarification was
offered that all bulleted items were information from the Weekly Update
addressed under Other Business.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI TO
APPROVE THE MARCH 18, 1996 COUNCIL MINUTES.
Upon a vote taken, ayes by Greenfield, Kedrowski, and Mader, no nays,
abstentions by Andren and Schenck as both had been absent from the
March 18 meeting, the motion carried.
4. CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Amendment #1 to Developers Agreement
with Good Value Homes for Cardinal Ridge 2nd Addition.
C. Consider Approval of Extension of Filing Deadline for "Elmer and
Richard Addition."
D. Consider Approval of Resolution 96-31 Revoking Municipal State
Aid System Street Designation and Resolution 96-32 Establishing
Street (MSAS) System
Councilmember Mader requested that Item D be removed from the
Consent Agenda for discussion under Other Business, given the number
of people present for other agenda items.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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Minutes of the Prior Lake City Council
April 1, 1996
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE CONSENT AGENDA ITEMS A THROUGH C AND
CONSIDER ITEM D UNDER "OTHER BUSINESS."
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
5. PRESENTATIONS:
A. Mayor Lee Andren COlnlnelnorating the Contributions of Dee Birch
to the City of Prior Lake. - City Manager Boyles stated that Dee
has decided to retire from her position as the Executive Secretary
after 10 years of employment with the City. During that time she
has acted as Executive Secretary to 4 City Managers, and as
Recording Secretary to current and previous City Councilmembers.
Mayor Andren added her gratitude for Dee's many efforts on behalf
of the City, City Council and Mayor. Mayor Andren presented Ms.
Birch with a crystal bowl and base in recognition of her many
contributions.
B. Mayor Lee Andren Presenting Plaques to Fonner Melnbers of the
Business Developlnent COlnlnittee Recognizing their Service to the
City. - City Manager Boyles stated that the Business Development
Committee voted to decommission itself at its February meeting on
the basis that the committee had achieved its goal of developing
the Business Office Park and a recommendation that the City's
economic development resources be reconfigured in order that the
City will be prepared for future development. Mayor Andren
thanked and presented plaques of appreciation to Jeannie Robbins
and Ray Lemley for their years of service on the Business
Development Committee.
C. Superintendent Les Sonnabend Requesting Council Consideration
of Building Pennit Fee Waiver. - School Board Chair Renee Clark
asked that the City Council consider waiving portions of its
building permit related fees because the City should: (1) not look at
the school district as a revenue source, (2) taxes are paid by the
same people and they should not be double taxed, (3) the school
district does not have a no-build option, (4) the school district is
willing to pay actual costs to the City and the fact that the fees are
significant in overall project costs. She stated that the same
request will be made to the Savage City Council.
School Board Member Mike Autherreich acknowledged that other
cities charge the same fees and that the city has the legal authority
to do so. He asked that the City not shift the tax burden from one
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Minutes of the Prior Lake City Council
April 1, 1996
taxing agency to the other. He encouraged City cooperation and
support of the school district. He believes developers, not the
school district, should bear the costs of development. Because of
radical student population increases the district cannot defer its
construction projects. Neither the school, district nor the voters
were aware of the City's fees at the time of the referendum. He
reiterated that the district would pay actual costs, but not fees
driven by a formula. He stated the school district would be willing
to enter into a vision statement wherein the City would waive fees
in exchange for the school providing green space.
Mayor Andren indicated that this request will be considered after a
joint meeting of the Savage and Prior Lake City Council and School
Board, tentatively set for April 29th. The staff will provide the
Council a report on the request following the joint meeting.
6. PUBLIC HEARINGS:
A. Approve Resolution 96-39 Accepting Feasibility Report and Calling
for Public Hearing on 1996 Public bnprovelnent Projects. Conduct
AsseSSlnent Hearing on Adoption of AsseSSlnent Roll for Northwood
Road l1nprovelnent Project 94-02 and Consider Approval of
Resolution 96-33. - City Manager Boyles introduced the agenda
item indicating that the Council is being asked to approve
Resolution 96-39 this evening, but continue the Special Assessment
Public Hearing.
Finance Director Teschner reviewed the public notice, project costs
and breakdown, the assessment, assessment term, interest rate, a
sample assessment, alternate methods of payment and procedural
steps for hearing continuation. He indicated that a 1996
Improvement Project Hearing will be conducted on May 6, 1996 at
8:30 p.m. Following that, the assessment hearing will be concluded
and bids awarded for the project as appropriate.
Mayor Andren opened the public hearing at 7:50 p.m. asking if
members of the public were present who wished to object to their
proposed special assessment. Kelly Gryting, 16059 Northwood
Road, confirmed that she had submitted a letter of objection to the
City Manager with respect to the proposed assessment.
Mayor Andren acknowledged receipt of objections to the special
assessment from James Dunn for parcels PIN 25-141-086-0 and
PIN 25-903-002-0 and Gary U. Mentjes, 16327 Northwood Road.
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Minutes of the Prior Lake City Council
April 1, 1996
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
CONTINUE THE ASSESSMENT HEARING TO MAY 6,1996
AT 8:30 P.M.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
ADOPT RESOLUTION 96-39 ACCEPTING FEASIBILITY
STUDY AND CALLING FOR A PUBLIC HEARING ON 1996
IMPROVEMENT PROJECTS.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
7. OLD BUSINESS:
A. Consider Approval of Resolution 96-34 Awarding Bid for
Crossandra Street Sidewalk and Pedestrian Ralnps on Mail'''
Avenue and CSAH 21, City Project 95-15. - City Manager Boyles
stated that the Capital Improvement Program provides for this
construction project and accordingly bids have been solicited. A
resolution is included for Council consideration. Councilmember
Mader asked why the sidewalks were being paid through the
Capital Park Fund. Public Works Director Anderson stated that
sidewalks have historically been paid for through the Capital Park
Fund unless other funding sources, such as Municipal State Aid,
were available.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
ADOPT RESOLUTION 96-34 ACCEPTING BID FOR
CROSSANDRA STREET SIDEWALK AND PEDESTRIAN
RAMPS ON MAIN AVENUE AND CSAH 21, CITY PROJECT
95-15.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
B.
Consider Approval of Annual Planned Unit Developlnent Report -
Planning Director Rye stated that the Planning D~partment is
responsible for providing the Council with an annual Planned Unit
Development Report. The report contained in the agenda packet
has been reviewed by the Planning Commission and recommends
one of three options with respect to the Priorview PUD.
Alternative #3 is being proposed to table further action on the
Priorview PUD status since the City has learned of developer
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Minutes of the Prior Lake City Council
April 1, 1996
interest with respect to this development. Councilmember
Kedrowski indicated that he had visited this site and wanted to
know whether the building under construction was within the
Priorview PUD. Planner Rye indicated that it was not.
MOTION BY MADER, SECOND BY KEDROWSKI, TO
ACCEPT THE ANNUAL PLANNED UNIT DEVELOPMENT
REPORT AND APPROVE TABLING THE ISSUE OF THE
PUD STATUS AS RECOMMENDED BY THE STAFF.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
8. NEW BUSINESS:
A. Consider Approval of the Schelnatic PUD for Pheasant Meadow,
Resolution 96-35, the Prelilninary Plat (Resolution 96-36), Rezoning
the Site to Planned Unit Developlnent and Ordinance 96-10. - City
Manager Boyles stated that this proposal had been heard by the
Planning Commission both on March 11 and 25. The key issue
appears to be related to traffic and the connection of Balsam Lane
from the proposed PUD to Sunset Hills. The resolution contained
in the staff report would approve the connection of Balsam Lane
between the two subdivisions and would provide for 48 rather than
50 dwelling units.
Planning Director Rye gave an overview of the proposed project
indicating that a traffic report had been prepared by the staff with
the findings that there would not be a significant traffic safety
issue created by the connection of Balsam Lane. The proposed
PUD meets the basic ordinance requirements and accordingly has
been recommended for approval by the Planning Commission and
staff.
Councilmember Greenfield stated he was concerned whether the
development meets the PUD criteria. It does not meet the criteria
of preserving amenities, since there are no significant natural
resources on the site. He believes that the PUD criteria 1 through
5 need to be thoroughly reviewed. His review suggests that the
PUD does not meet the basic criteria.
Councilmember Mader stated that he agrees with Councilmember
Greenfield. He does not understand how this development
preserves natural characteristics. He believes that the PUD is
being used simply to pull the maximum density from the site and
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Minutes of the Prior Lake City Council
April 1, 1996
that is not the primary function of the PUD. Consequently, it does
not comply with the PUD requirements.
Councilmember Schenck stated that he likes what is being
proposed but the application of the PUD is lacking. He is in favor
of the project, but the PUD application is weak.
Councilmember Kedrowski stated that he favors the PUD but
shares neighborhood concerns about Balsam Lane. He agrees that
the proposal is weak with respect to the pun criteria. He does,
however, believe that the petition meets the intent of the ordinance
and is consistent with the Livable Communities Act.
Councilmember Greenfield reiterated that he does not believe the
pun ordinance criteria is met. He stated that approval of the pun
is subject to Council discretion. He indicated that standard R-l
zoning would allow between 25 and 30 structures and that the
PUD is allowing 50 units. He asked what the City will receive for
the additional 25 units. Councilmember Mader stated that the
ordinance criteria indicates that the prime criteria for pun
consideration is the preservation of natural amenities. Planning
Director Rye questioned whether the PUD should only then be
applied to high amenity property. Councilmember Mader
responded that he does not see the PUD as a primary mechanism
for adding more density to a proposal. Councilmember Kedrowski
stated that he believes that the way the ordinance is constructed,
the proposal meets the ordinance criteria.
Mayor Andren stated that she agrees with Councilmembers Mader
and Greenfield but for a different reason. She stated that the City
Council has discretion about whether to approve PUDs. This land
is farm field and there is nothing in particular to preserve.
Therefore, it does not meet the PUD status. If the City got 20
percent, rather than 10 percent park dedication, then maybe the
public would be getting something beyond that which it would
normally expect. The proposed open space is private property, not
public park land. The parcel of land does not warrant a PUD. She
has no trouble with townhomes, but more berming is needed to
protect them. The same zoning density could be achieved through
R-3 rezoning. She stated that in her mind a PUD would be more
akin to the townhomes across from Dred Scott Park in
Bloomington.
Planning Director Rye stated that the staff and Council need to
take a hard look at what the Council's definition of PUD is. Mayor
Andren concurred.
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Minutes of the Prior Lake City Council
April 1, 1996
MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO
APPROVE RESOLUTION 96-35 APPROVING THE
SCHEMATIC PUD FOR PHEASANT MEADOWS WITH 'lWO
AMENDMENTS: (1) THAT CONDITION #1 REGARDING
THE INSTALLATION OF BALSAM LANE BE DELETED
AND (2) THAT CONDITION #3 REFLECT 50 RATHER THAN
48 TOWNHOME UNITS.
Upon a vote taken, ayes by Kedrowski, and Schenck, nays by
Andren, Greenfield and Mader, the motion failed.
B. Consider Approval of Resolution 96-38 Confinning the City
Manager's Recolnlnendation for Appointlnent of Calnpbell,
Knutson, Scott and Fuchs as City Attorney. - City Manager Boyles
stated that his report summarizes the reason for his
recommendation to select Campbell, Knutson, Scott and Fuchs as
City Attorney effective April 1, 1996. The resolution is
recommended for adoption.
Councilmember Mader stated that he was concerned that in
November, Popham Haik was recommended and that after only a
very short time, a new firm is being recommended. He is
concerned that the change appears to be arbitrary. After
discussing the issue with Attorney Barrett he now has a better
understanding of some of the changes taking place in the Popham
Haik firm. Councilmember Greenfield questioned the length of the
contract between the attorney firm and City.
City Attorney Barrett stated that Popham Haik has been very
happy in serving the City of Prior Lake. In evaluating its position
it believes that the best interests of Prior Lake can be served if the
City Manager's proposal is approved. He has enjoyed the
opportunity to work on the City's behalf. Mayor Andren stated the
City Council has appreciated Popham's representation, and
particularly Tom Barrett's work at the City Council meetings.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE RESOLUTION 96-38 CONFIRMING THE CITY
MANAGER'S RECOMMENDATION FOR APPOINTMENT
OF CAMPBELL, KNUTSON~ SCOTT AND FUCHS AS CITY
ATTORNEY.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
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Minutes of the Prior Lake City Council
Aprill, 1996
C. Consider Approval of Alnendlnent to Special Assesslnent Policy
Relating to the Assesslnent Review COlnlnittee. - City Manager
Boyles stated that he is recommending that the Assessment
Review Committee be increased in size to include two
councilmembers. Councilmember Kedrowski suggested that the
appointment of the Councilmembers to serve on the Assessment
Review Committee be done annually at the City Council's January
meeting.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
ADOPT REVISIONS IN THE SPECIAL ASSESSMENT
POLICY TO READ AS FOLLOWS: "BEFORE ANY
ASSESSMENT HEARING, A REVIEW COMMITTEE WILL
BE ESTABLISHED BY THE CITY COUNCIL TO ASSIST
STAFF IN EVALUATION OF ALL PROPERTIES IN
ACCORDANCE WITH THIS POLICY AND REVIEW THE
STAFF PROPOSED ASSESSMENT ROLLS. THIS
COMMITTEE SHALL CONSIST OF THE CITY MANAGER,
CITY ENGINEER, FINANCE DIRECTOR AND 1WO
MEMBERS OF THE CITY COUNCIL APPOINTED
ANNUALLY BY THE MAYOR."
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
9. OTHER BUSINESS:
A. The Council considered Iteln 4D which had been relnoved froln the
Consent Agenda entitled, "Consider Approval of Resolution 96-31
Revo}?ing Municipal State Aid Systeln Street Designation and
Resolution 96-32 Establishing Street (MSAS) Systeln."
Councilmember Mader asked for clarification about the street
system designation and how it functioned. Public Works Director
Anderson clarified the method of selecting streets. He indicated
that the purpose is to name the maximum amount of allowable
mileage of such streets in conformance with the municipal state aid
criteria. Mayor Andren asked whether or not the streets needed to
be considered for improvement in the short run if named as
Municipal State Aid Streets. Public Works Director Anderson
indicated they did not.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
CONSIDER APPROVAL OF RESOLUTION 96-31
REVOKING MUNICIPAL STATE AID STREETS.
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Minutes of the Prior Lake City Council
April 1, 1996
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE RESOLUTION 96-32 ESTABLISHING
MUNICIPAL STATE AID STREETS.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
B. City Manager Boyles stated that the Council's standard operating
procedure has been to direct the staff to prepare findings of fact
and a resolution of denial where planning actions are denied. He
recommended such action with respect to agenda Item 8A.
MOTION BY MADER, SECOND BY GREENFIELD, TO
DIRECT THE STAFF TO PREPARE FINDINGS OF FACT
AND A RESOLUTION OF DENIAL FOR THE SCHEMATIC
PUD, PRELIMINARY PLAT AND REZONING OF THE SITE
TO PLANNED UNIT DEVELOPMENT FOR PHEASANT
MEADOW PUD 3-96.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader
and Schenck, the motion carried.
C. The City Manager reviewed the following items from the Update
Memorandum:
.
Chair Training for Board and Commission members -
Council agreed that the training should take place in the
afternoon and early evening of a weekday and that the
content should be a combination of the two programs
provided by GTS. Councilmember Mader suggested that the
staff ask whether the League of Minnesota Cities could
provide such training as well.
.
Sexual Harassment Policy - City Manager Boyles stated
that since the policy applies to the City Council and Boards
and Commissions, he is asking for comments by Friday,
April 5th.
.
Councilmembers concurred that the draft letter to the chair
of the Metropolitan Council was appropriate with minor
reVISIons.
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Minutes of the Prior Lake City Council
April 1, 1996
· The Metropolitan Council will be receiving a report about
developable land from the Twin City Builders Association on
April 14 or 15, which may change the Metropolitan Council's
position on the amount of MUSA land available and their
aggressiveness in restricting extensions thereto.
D. Councilmember Mader asked that the City staff provide the
Council with a report on the adequacy of the Letter of Credit and
Performance Payment Bond for The Wilds to assure that the City
and its residents are protected.
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT:
MOTION BY ANDREN, SECOND BY GREENFIELD, TO ADJOURN
THE MEETING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and
Schenck, the motion carried.
Meeting was adjourned at 9:47 p.m.
The next regular meeting of the City Council is Monday, April 15, 1996 at
7:30 p.m. in the Fire Station City Council Chambers, to be preceded by
the Open Forum at 7:00 p.m.
City Manager
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