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OPEN FORUM - 7:00 P.M.
REGULAR COUNCIL MEETING
AGENDA
September 16, 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 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 Contingency Expenditures
G. Consider Approval of Resolution 96-97 pertaining to the Subdivision of
Lands, City Council Approval of Certain Conveyances and Recording
Subdivision Ordinances.
H. Consider Approval of Final Payment for Ridgemont Avenue Project 95-
01; Creekside Circle Project 95-02; TH 13 Drainage to Mitchell Pond
Project 93-03; and Industrial Park Storm Sewer Project 93-01.
5. PRESENTATIONS:
A. There are no presentations.
6. PUBLIC HEARINGS:
A. There are no public hearings.
7. OLD BUSINESS:
A. Consider Approval of Resolution 96-77 Approving. the TH 13 Corridor
Study and Long Range Development Plan.
16200 E~t~ek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
B. Consider Approval of Resolution 96-96 Denying an Amendment to the
Zoning ordinance to permit Fences in County Road Rights-of-Way.
C. Consider Approval of Appeal of G & R Enterprises Ruling of the Zoning
Officer Relating to Docks.
8. NEW BUSINESS:
A. Consider Approval of Amendments to the Zoning Ordinance:
1. To Allow Daycare in Certain Districts
2. To Allow "Game Rooms" in the "B3" District.
B. Consider Approval of Request for Off-Sale Liquor License for Kevin and
Jennifer King d.b.a. Gateway Wine and Spirits, Inc.
C. Consider Approval of Resolution 96-98 Approving the Preliminary Plat
for Maple Hills Second Addition.
D. Consider Approval Volunteer Firefighters' Request for Improved Pension
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9. OTHER BUSINESS:
A. Adjourn to Executive Session to Discuss Pending Litigation.
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
A09 I 696. DOC
MINUTES OF THE PRIOR LAKE CITY COUNCIL
September 3, 1996
1. CALL TO ORDER: Mayor Andren called the meeting of the 7:30 P.M.
2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and
welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
4. CONSENT AGENDA:
A. Consider Approval of Invoices to be Paid.
B. Consider Approval of Policy on Alcohol and Controlled Substances.
C. Consider Approval of Renewal Application for Massage Therapy from
Laurie Campbell.
D. Consider Approval of Final Payment for:
1. Carriage Hills Parkway, Project 93-02
2. Carriage Hills ParkwaylKnob Hill, Project 95-05
E. Consider Approval of Application for Refuse Haulers Permit-Knutson
Services.
MOTION KEDROWSKI SECOND SCHENCK TO APPROVE ITEMS 4C
AND 4D FROM THE CONSENT AGENDA.
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
. Mayor Andren removed Item A, Consider Approval of Invoices to be Paid, from
the Consent Agenda for discussion. She questioned on the Valley Paving invoice
for Northwood Road. City Manager Boyles explained that he, Councilmember
Mader, and MSA Inspector Thompson had looked at Northwood Road and were
aware of the concerns, and would follow through.
. Councilmember Mader questioned the listing under General in the invoices for
Lonnie Helgeson Consulting. City Manager Boyles explained it was a time and
materials cost, and the total cost was not yet known for the organizational
consulting.
MOTION ANDREN SECOND KEDROWSKI TO APPROVE ITEM 4A OF
THE CONSENT AGENDA, INVOICES TO BE PAID.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
· Councilmember Mader removed item 4B, Consider Approval of Policy on
Alcohol and Controlled Substances, from the Consent Agenda for discussion. He
said he was surprised at its length and complexity, and was concerned that that
would provide an opportunity for inconsistent administration of the Policy.
· City Manager Boyles explained the Policy encompassed three federal laws and a
state law. He said the attorney was distilling the Policy to approximately 1 1/2
pages, and the report contained substantial background information.
. Assistant City Manager Tremere explained that page 18 is the actual policy and
the attorneys made a supervisory guide. He said that in using the services of an
independent agency, it should not be difficult to insure consistency.
MOTION MADER SECOND KEDROWSKI TO APPROVE CONSENT
AGENDA ITEM 4B, APPROVING THE POLICY ON ALCOHOL AND
CONTROLLED SUBSTANCES.
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
. Councilmember Greenfield removed Item 4E, Consider Approval of Application
for Refuse Haulers Permit - Knutson Services, from the Consent Agenda for
discussion. His concern was that the City allowed filing for licenses late, and
should charge fees to recover additional costs associated with processing late
requests.
MOTION GREENFIELD SECOND KEDROWSKI TO REPORT TO THE
COUNCIL ON WHETHER LATE FEES COULD BE ADDED TO THOSE
WHO FILE FOR PERMITSILICENSES PAST DEADLINES.
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE ITEM
4E OF THE CONSENT AGENDA, CONSIDER APPROVAL OF
APPLICATION FOR REFUSE HAULERS PERMIT-KNUTSON
SERVICES.
M090396.DOC
2
MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3. 1996
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
5. PRESENTATIONS:
A. Consider Approval of Resolution 96-93 Providing for Issuance of Sale of
$2,430,000 General Obligation Bonds of 1996.
. Steve Mattson of Juran Moody addressed the City Council on the General
Obligation Bonds, discussing changes in the stock market, and suggested
alternatives. He explained there was 10 years left on refunding, and the City had
their money in an "interest rate sensitive" situation. The interest has moved, and
that took the savings from $68,000 to $34,000. He doesn't recommend selling
bonds in today' s market. If the City wants to make a change, it must do this
before December 1. Mr. Mattson said the City can sell bonds in future, but is at
the mercy of the market. He suggested issuing refunding bonds, and have Council
ratify action.
. Councilmember Greenfield said without time to investigate, it sounds like
delegation of the Council's authority. This way the Council gives staff authority,
and will ratify staff s decision at next meeting.
. City Attorney Pace said there was a concern with ratifying action that has already
been taken, and the Council cannot delegate powers. Mayor Andren could call an
emergency meeting. The bylaws could be amended for this particular situation.
MOTION GREENFIELD SECOND KEDROWSKI TO DENY THE
ISSUANCE OF SALE OF GENERAL OBLIGATION BONDS.
Motion withdrawn, no action was taken on this item.
. The Council concurred that an emergency meeting could be called to respond to
market conditions
6. PUBLIC HEARINGS:
A. There were no public hearings.
7. OLD BUSINESS:
A. Consider Approval of Addition of Street Lighting to City Project 94-02 for
Northwood Road Improvement Project by Adoption of Resolution 96-78.
M090396.DOC 3
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MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
· City Manager Boyles discussed the Northwood Road lighting issue. If there were
street lights, they should be where the sidewalk has been installed as opposed to
opposite the sidewalk. The cost is approximately $21,000, or $27,000 if located
near the sidewalk. There is $1,000 worth of landscape restoration to be done. If
the Council decides not to install the lights, the poles would be removed at no cost
to the City.
· Lights were originally outside of scope of the project. This was in 1994, then at an
additional Public Hearing, there was one person who mentioned lights. That
person was told we would follow the policy on lights that if the neighborhood
wants lights, they need a petition and need to pay for them. Northwood Road has
a sidewalk and a heavily traveled roadway. Because it is a state aid street, the
residents won't have to pay for it. Today it can become a change order. In the
future, the residents will pay for their own lights.
· The Mayor recognized a resident of 16077 Northwood Road. He asked for
clarification of whether if lights are not added as a change order tonight, the cost
has to be borne by the residents of North wood Road.
· The Mayor recognized Jerry Sullivan of 16063 Northwood Road. He heard that.
60% for road from state aid, plus trunk reserve. Residents would be assessed 40%
for the road, and lights would not be costed against that.
· Assistant City Engineer Wingard said the project was constructed efficiently, with
some of the project budget going for lights. No matter what the cost of the road,
residents are assessed 40%.
· Finance Director Teschner said the City was receiving Municipal State Aid, but
construction fund excess will be used.
· The Mayor recognized Brad Golstad of 2865 Center Road. He was on the NSP
end of lighting project. He said he would want to see box type that is by City Hall
instead of decorative, for minimum interference.
· The Mayor recognized Ed Fisher of 2906 Center Road off Northwood Road. He is
in favor of the lighting project; other roads such as this in the City of Prior Lake
have lighting on them. With the winding road, walking path, and school bus stop,
this should have been planned from initial stages.
. The Mayor recognized a resident of 2891 Center Road. He was concerned that six
months of the year it is dark, and there should be lights on.
M090396.DOC
4
MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
. The Mayor recognized Larry Hennon of 16525 Northwood Road. He said there
should be lights to keep cars off his lawn.
. The Mayor recognized Lee Nelson of 16085 Northwood Road, who was in favor
of lights on the sidewalk side of project.
. The Mayor recognized Don Harold of 16565 Northwood Road, who said he liked
the road when it was 2-lanes and full of potholes.
. The Mayor recognized Bruce Erickson of 16313 Northwood Road. He said there
should be lights at the intersection, but minimum interference with the night sky
otherwise. He felt that the public input was ignored.
. The Mayor explained that there had been two formal public hearings, but that
there have been some informational neighborhood meetings. She said the majority
of people want to have lights. One of the things the City has done is initiate
walking paths and trails along some of the roads. Lights are invaluable for safety
purposes. If there are to be lights she supports lights on the sidewalk side.
. Councilmember Schenck questioned Ron Jabs, the Senior Design Engineer for
Minnesota Valley Electric Coop (MVEC). He asked if the lights shift to the
sidewalk side, is the majority of light on the street? Mr. Jabs said the lights are
designed to direct downward.
. Councilmember Mader asked if the lights would cause the project budget to
overrun. He asked if MSA would pick up the cost.
. Finance Director Teschner said they pooled the bonds in the construction fund and
Northwood Road was a primary project. He said typically projects are completed
and closed out below what is bid. There was a surplus position in the construction
fund, in which this project is included. MSA funds are directed through the
construction account, but City can deal with this project through existing
construction funds.
The Mayor call the question on the amendment and resolution
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the
Motion to Approve Addition of Street Lighting to City Project 94-02 . for
Northwood Road Improvement Project by Adoption of Resolution 96-78 carried.
MOTION SCHENCK SECOND ANDREN DIRECT THE STAFF TO
WORK WITH MSA TO INSTALL THE LIGHTS IN THE LEAST
INTRUSIVE WAY.
M09OJ96.DOC
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MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
B. Consider Approval of Revised Developers Agreement for Eagle Creek
Villas.
MOTION KEDROWSKI SECOND SCHENCK TO APPROVE THE
REVISED DEVELOPERS AGREEMENT FOR EAGLE CREEK VILLAS.
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
C. Consider Approval Of Scott County Position Regarding Metropolitan
Council Growth Options Paper.
MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE SCOTT
COUNTY POSITION REGARDING METROPOLITAN COUNCIL
GROWTH OPTIONS PAPER.
Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
8. NEW BUSINESS:
A. Consider Approval of Schematic PUD for Priorview PUD to Allow
Assisted Living Project.
. City Manager Boyles introduced this item, which the Planning Commission is
recommending approval. He said staff is suggesting that there be modifications to
two of the conditions of the trail.
. The Mayor recognized Bryce Huemoeller of Eagle Creek. He said he is fine with
the conditions of 96-90, including the modifications staff has noted. He is ready to
move forward with the final PUD plan.
. Councilmember Kedrowski wants staff to comment on road access. Planning
Director Rye explained the recommendation was to maintain road connection and
the right of way was obtained by the City.
. Councilmember Mader asked if the City can maintain right of way and use it in
the future. He said in the worst case, the City could just maintain the roadway
portion.
M090396.DOC
6
MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
MOTION ANDREN SECOND MADER TO AMEND RESOLUTION 96-90,
CONDITION 1 TO ADD TO #1 THAT: THE CITY WILL RETAIN ALL
CURRENT EASEMENTS, AND A NEW CONDITION: AT THE OPTION
OF THE CITY, ALONG THE FIVE HAWKS TRAIL AT THE
DEVELOPERS' EXPENSE, LIGHTS MAY BE INSTALLED.
Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
. Councilmember Greenfield questioned the City Attorney on lighting for the trails.
He thought they should be installed for kids' safety.
MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE
RESOLUTION 96-90 APPROVING SCHEMATIC PUD FOR PRIORVIEW
PUD TO ALLOW ASSISTED LIVING PROJECT.
Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
B. Consider Approval of Resolution 96-91 Certifying Proposed 1997 City of
Prior Lake Tax Levy to Scott County Auditor.
. City Manager Boyles introduced this item. Under the Truth in Taxation law, the
City Council is to adopt the Preliminary levy tonight. The Council directed that
the 1997 budget result in no tax increase based on valuation. The process provides
that we the Council would have a workshop and go through the budget. December
11 is the Truth in Taxation hearing. We are required to adopt a budget by
December 31. The first step is to adopt a preliminary levy.
. Councilmember Mader said the City and Council should try to reduce real estate
taxes. The 97 proposed budget is a 70/0 increase. He said he doesn't object to
conservative budgeting, but it shouldn't be used to create a surplus. He said we
can reduce taxes without risk to the City, and someday get us out of top 100/0.
. Mayor Andren said this is the 12th budget she has gone through. For 11 years, the
City has held the line on taxes or taxes have been reduced. Conservative
budgeting is good, but a growing City needs funds to provide services. The staff
has been responsive to the Council's no tax increase directive.
M090396.DOC
7
MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
· Councilmember Greenfield commented on the budget. With no net tax increase,
he was concerned the City may not have enough funds. He said staff did good
work on this budget.
· Councilmember Schenck commented on the good work from staff on this issue.
MOTION ANDREN SECOND GREENFIELD TO APPROVE
RESOLUTION 96-91 CERTIFYING PROPOSED 1997 CITY OF PRIOR
LAKE TAX LEVY TO SCOTT COUNTY AUDITOR.
Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the
motion carried.
C. Consider Approval of Resolution 96-92 Designating Various General
Fund Reserve.
· City Manager Boyles went over Resolution 96-92 designating four proposed uses
for 1995 funds in accordance with previous Council direction and in order to
provide funding sources to keep the City fiscally strong.
. Councilmember Mader expressed concern that these surpluses should be used in
part to reduce the levy. He predicted that an even greater surplus will occur in
1997.
. Finance Director Teschner responded that he does not believe that we will have a
$750,000 surplus this year. The budget reports are 6 month, but behind in
expenditures. He said expenditures were 41 percent last year, 43 percent this year.
Contingency expenditures were significantly understated at that time.
. Councilmembers expressed concern about a one time tax reduction which would
provide no long term benefit or fiscal improvement for the City and its taxpayers.
MOTION SCHENCK, SECOND KEDROWSKI TO APPROVE
RESOLUTION 96-92 DESIGNATING VARIOUS GENERAL FUND
RESERVE.
Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, nay Mader, the
motion carried.
D.
Consider Approval of Resolution 96-21 to Permit Churches in the C-1
District.
M090396.DOC
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MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
MOTION KEDROWSKI, SECOND SCHENCK TO APPROVE
ORDINANCE 96-21 PERMITTING CHURCHES IN THE C-l DISTRICT.
Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
E. Consider Approval of Ordinance 96-22 Permitting Fences in the County
Road Right-of-Way.
MOTION KEDROWSKI SECOND SCHENCK TO PREP ARE A
RESOLUTION OF DENIAL WITH FINDINGS OF FACT.
Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
9. OTHER BUSINESS:
A. Reopen request for extension of final plat for North Shore Oaks.
. Mayor Andren stated that two Council meetings ago this plat extension was
denied. Since then, it was pointed out by the City Attorney that there is an
inconsistency in the ordinance language. There is an option for the Council to
reconsider because of this apparent contradiction.
MOTION ANDREN SECOND SCHENCK TO HAVE STAFF PREPARE A
REPORT ON RECONSIDERATION OF THE PLAT TIME EXTENSION
FOR NORTH SHORE OAKS.
Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
B.
Massage Therapy Ordinance
.
The City Attorney discussed possible changes to the ordinance.
Fingerprints and. pictures should not be required. Instead of requiring
personal and business licenses, business license requirement should be
removed, and personal license only be required. Business location should
be regulated through the zoning ordinance. A photo of the therapist must
be with them while doing business. If the Council does delete the business
license, it should consider a rebate on the business license required of the
last applicant (Ms. Lambert).
c.
Upcoming Executive Session
M09OJ96.DOC
9
MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
. On September 16th, there will be a pending litigation discussion.
MOTION BY MADER SECOND KEDROWSKI TO ADOPT RESOLUTION
96-95 TO MODIFY DEVELOPMENT DISTRICTS NOS 1 AND 2 AND TAX
INCREMENT FINANCING DISTRICTS NOS. 1-1, 1-2, AND 2-4, ADOPT
DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLAN
AND CALL FOR CONSULTATION WITH OTHER AFFECTED
JURISDICTIONS AND PUBLIC HEARING.
Upon a vote taken, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck.
D. Teambuilding Workshop
. City Manager Boyles discussed. Lonnie Helgeson, organizational consultant, has
provided copies of her report on establishing effective working relationships. She
wants to interview Councilmembers as well. She will provide a schedule for this.
A Two-Day Teambuilding Workshop retreat will be set up for the purpose of
working on group effectiveness.
E. Northwood Road Storm Water Collection
. There is a Storm Water collection pond adjacent to sidewalk with excessively
steep slopes. There are safety concerns that need to be addressed.
MOTION MADER SECOND KEDROWSKI THAT STAFF MAKE
SPECIFIC RECOMMENDATIONS FOR PROTECTION OF THE STORM
WATER COLLECTION POND ON NORTHWOOD ROAD.
Upon a vote, ayes Andren, Greenfield, Kedrowski, Mader, and Schenck, the
motion carried.
. Mayor Andren commented the Park and Recreation Director Hokeness and his
department have done a wonderful job improving Grairwood Park and other parks
in the community.
The meeting was adjourned at 10:40 p.m.
M090396.00c
10
MINUTES OF THE PRIOR LAKE CITY COUNCIL SEPTEMBER 3, 1996
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
Recording Secretary
M09OJ96.DOC
11