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HomeMy WebLinkAboutAgenda & Minutes NEW MAINTENANCE CENTER OPEN HOUSE: 5:00-7:00 P.M. PUBLIC FORUM 7:00 PM REGULAR COUNCIL MEETING AGENDA Date: October 21, 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 Building Permit Report for September B. Consider Approval of Invoices to be Paid. C. Consider Approval of Treasurer's Report. D. Consider Approval of Third Quarter Budget Report. E. Consider Approval of Third Quarter Investment Report. F. Consider Approval of Fire & Rescue Report G. Consider Approval of Consent to Transfer of Property Owned by Award Printing H. Consider Approval of Change Order # 1 for Sand / Salt Storage Building. 1. Consider Approval of Resolution 96-101 Approving a Variance Appeal by Don and Mary Kemper at 15097 Manitou Road. J. Consider Approval of Animal Warden Report for September 5. PRESENTATIONS: A. 6. PUBLIC HEARINGS: A. 7 :45 p.m. Consider Approval of Resolution 96-99 Amending the Enabling Resolution by Reconfiguring Economic Development Authority and Adopting Revised Bylaws. 7. OLD BUSINESS: A. Consider Approval of Request by Evergreen Land Services for Additional fees with respect to the Northwood Road Improvement Project 16200 iBghB.aoroek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 8. NEW BUSINESS: A. 9. OTHER BUSINESS: A. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT AI02196.DOC . , MINUTES OF THE PRIOR LAKE CITY COUNCIL . SPECIAL MEETING October 10, 1996 1. Call to Order: The meeting was called to order at 1:34 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, and Schenck, City Manager Boyles, Finance Director Teschner, and Juran & Moody Consultant's Steve Mattson. Councilmember Greenfield was absent. 2. Consider Approval of Resolution 96-93 providing for issuance of sale of $2,430,000 General Obligation Refunding Bonds of 1996. . Steve Mattson indicated that in 1991, the City sold bonds which were callable based upon various criteria. In the last few months, the market has appeared to be appropriate for recall of these bonds to save Prior Lake taxpayer money. The City Council earlier considered resale of the bonds on September 3rd. Because of market adjustments, the Council elected not to take any action. . In the recent weeks, the market has readjusted in a way which will save a considerable amount of money. Juran & Moody took bids on Wednesday. Four bids were received, and a bid tabulation was distributed. The best bid received was provided by John G. Kinnard and Co. in the amount of $2,409,345.00 for a net interest rate of 4.8196%. This resale will result in future savings to the City of $115, 850.89, which is twice as good as the savings which would have been realized on September 3rd. Steve Mattson recommends the bid of John G. Kinnard and Co. for City Council authorization. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT RESOLUTION 96-93 PROVIDING FOR ISSUANCE OF $2, 430, 000 IN GENERAL OBLIGATION REFUNDING BONDS OF 1996. Upon a vote taken, ayes by Andren, Kedrowski, Mader, and Schenck, motion carried. MOTION BY ANDRE~ SECOND BY KEDROWSKI TO ADJOURN. Upon a vote ~en, &as by Andren, Kedrowski, Mader, and Schenck, this Special M~g O~h~City. ,-,ouncil adjourned at 1:37 p.m. / \ . //(;\ I /VL~ City ManQ ,1 [: \COUNCIL \MINUTES\S t Ot 096, DOC 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES MINUTES OFlrtE PRIOR LAKE CITY COUNCIL Date: October 7, 1996 1. CALL TO ORDER: The meeting was called to order at 7:35 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Mader, and Schenck, City Manager Boyles, City Attorney Pace, Assistant City Manager Tremere, Planning Director Rye, Planning Coordinator Kansier, Parks and Recreation Director Hokeness, Engineer Lani Leichty, and Recording Secretary Koch. Councilmember Greenfield was absent. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY SCHENCK SECOND BY KEDROWSKI TO APPROVE SEPTEMBER 16, 1996 MINUTES AS PRESENTED TO THE CITY COUNCIL. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 4. CONSENT AGENDA: . City Manager Boyles recommended that the matters considered at the Public Hearing earlier in the evening be placed on the Consent Agenda. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADD RESOLUTION 96-103, APPROVING DEVELOPMENT DISTRICTS 1 AND 2 MODIFICATION PURSUANT TO MINNESOTA STATUTES CHAPTER 469 AND RESOLUTION 96-104 APPROVING TAX INCREMENT ~J.l~ANCING DISTRICTS 1-1, 1-2, AND 2-4 MODIFICATION AND THE USE OF TAX INCREMENT FINANCING TO lrtE CONSENT AGENDA AS ITEM G. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Building Inspection Report. 16200 ~~.~ek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES C. Consider Approval of Amendment to Ordinance 96-17 Junk Yard-Junk Car Ordinance by the Addition of Section 10 Providing for Penalties. D. Consider Approval of Cigarette License for Kevin and Jennifer King d.b.a. Gateway Liquor. E. Consider Approval of Agreement for Joint Assessment between the City of Prior Lake and the County of Scott. F. Consider Approval of Change Order No.3 for Maintenance Building. G. Consider Approval of Resolution 96-103 Approving Development Districts 1 and 2 Modification Pursuant to Minnesota Statutes Chapter 469 and Resolution 96-104 Approving Tax Increment Financing Districts 1-1, 1-2, and 2-4 Modification and the use of Tax Increment Financing. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE IdE CONSENT AGENDA ITEMS A THROUGH G. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: MIOO796.DOC A. Donation of $25,000 from the Shakopee Mdewakanton Dakota Community to the Prior Lake Fire Department. . City Manager Boyles introduced Fire Chief Dave Chromy, who discussed the donation from the Shakopee Mdewakanton Dakota Community. Glenn Crooks, Vice Chair of the Shakopee Mdewankaton Dakota Community Tribal Council made a presentation to the Prior Lake Fire Dep8.ll1uent of a check in the amount of $25,000 for CairnsIRIS equipment. . Mayor Andren accepted the donation on behalf of the Prior Lake Fire Dep8.ll1uent and the City of Prior Lake. She thanked Glenn Crooks and the Shakopee Mdewakanton Dakota Community on behalf of the City of Prior Lake and the Prior Lake Fire Department. B. Report from Lake Advisory Committee on Future Charge including a recommendation on the Agreement with the Prior Lake/Spring Lake Watershed District. . City Manager Boyles introduced this item. He referred to the recommendation of the City Council that the Lake Advisory Committee review and discuss the proposed Agreement between the Prior Lake/Spring Lake Watershed District. . Jody Stroh, Chair of the Lake Advisory Committee, spoke on changing the name of the agreement to "Agreement" instead of "Joint Powers". She also discussed the future of the LAC. She said the LAC has three possibilities: approve new work items, remain as an ad hoc committee, or decommission the committee. There are several options that the LAC could decide on for 2 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES work items. The surface water ordinance should be reviewed to see if changes need to be made. Lake use and watercraft trends, noise problems, use of non-vacated public non-DNR accesses (status), and reviewing ordinances governing natural and environmental lakes are a few items that could be worked on. She said the Lake Advisory Committee would like to be a part of the facilitation of the "Prior Lake as a Park" concept. Water quality is another issue, and she mentioned retro-fitting catch and sump basins. . Councilmember Kedrowski questioned the Lake Advisory's interaction with the Watershed. Stroh said that one of the Committee members was on the Watershed Board. . Mayor Andren said there were the issues of the role of the LAC's.existence and also the Watershed Agreement. She briefly discussed the importance of the Lake Advisory Committee's role, emphasizing the value of their recommendations to the City Council. She felt their viewpoint was especially important, as they are residents of the community but not politicians. She supported their continued existence. . Mayor Andren said the Watershed was invaluable, and in the agreement with the Lake Advisory/Watershed there should be these changes: "Joint Powers" should be replaced by "Cooperative"; on page 2, "control" should be replaced by "manage"; on page 1, letter "D" the sentence should read "since 1995 the City's Lake Advisory Committee has...". . Councilmember Mader expressed that he was in favor of the Lake Advisory Committee continuing. . Engineer Lanol Leichty said on page 2, under number 4, a budget was adopted by the Watershed, and a specific sum amount may not be appropriate to the agreement. He said to strike the "sum of' and the two blanks. MOTION BY MADER SECOND BY KEDROWSKI TO ADOPT litE WORK ITEMS AS PROPOSED AND RETAIN LAKE ADVISORY COMMITTEE. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE COOPERAllVE AGREEMENT OF IJ.1..E PRIOR LAKE/SPRING LAKE WAIERSHED DISTRICT WITH 1.l:1E CHANGES MENTIONED. MIOO796.DOC 3 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 6. PUBLIC ItEARINGS: A. There are no public hearings. 7. OLD BUSINESS: A. Consider Approval of Ordinance 96-20 Relating to Massage Therapy. . City Manager Boyles reviewed the item, and explained the Ordinance had been modified as per Council direction, and is brought forward for approval. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT ORDINANCE 96-20 RELATING TO THE PRACTICE OF MASSAGE THERAPY. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 96-98 Approving the Preliminary Plat for Maple Hills 2nd Addition. . The petitioner had requested that the consideration of this item be deferred until the December meeting. City Attorney Pace reported that the petitioner's letter appeared to indicate the petitioner was waiving the 120 day time period for approval! denial and asked Planning Coordinator Kansier to confirm the City's interpretation of the petitioner's October 4, 1996 correspondence to the City. MOTION BY KEDROWSKI SECOND BY SCHENCK TO DEFER THE ITEM UNTIL NEXT PHASE OF KNOB HILL DEVELOPMENT IS REVIEWED BY THE PLANNING DEPARTMENT AND PRESENTED TO litE COUNCIL. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. c. Consider Approval of Resolution 96-101 Denying an Appeal by Don and Mary Kemper at 15097 Manitou Road of Decision of Planning Commission to Deny Variance. . Planning Coordinator Kansier discussed the denial of variance. She said that while their addition meets the requirements for zoning, the Kemper's proposed deck is seven feet from the lot line, and does not meet the MlOO796.DOC 4 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES required ten feet from the lot line distance. She said when the Planning Commission reviewed the item, they determined that the variance did not meet the hardship requirement. The hardship was a result of design decisions made by the applicant, and not a result of the ordinance. · Mayor Andren recognized Mary Lou Kemper of 15097 Manitou Road. She stated that an exit into the new addition would require entering through the bedroom or a bathroom. They would like to extend the deck over the existing steps. · Mayor Andren asked Planning Director Rye about the Planning Commission comments. Planning Director Rye explained that the access was for a "mother-in-law" apartment. · Mayor Andren said that there is inequity in the ordinance, because there are lots that are 40 or 50 feet wide with large houses with a virtual automatic 5 feet variance. She said this was a very large lot where the owner was requesting a seven foot setback. She said it would be inequitable to say this large lot could not support this deck. She said the Planning Commission should research the ordinances to ensure their equity. She supported the request for variance. · Councilmember Mader said he would not support the request for variance, because of the ordinance. · Councilmember Schenck asked about averaging prOVISIons. Planning Director Rye said this ordinance did not contain that provision. Councilmember Schenck said he went out and looked at the property, and he agreed with Mayor Andren. · Councilmember Kedrowski said the City should look at averaging provisions as a tool, so that people aren't penalized for trying to make the best use of the property. . Mayor Andren said the accessory use of a mother-in-law ap&l1uent is a permitted use in an R-l district. MOTION BY ANDREN SECOND BY SCHENCK TO APPROVE lItE VARIANCE FOR DON AND MARY KEMPER BASED ON 1tt.E FACT THAT IT DOES NOT HAVE A NEGAllVE IMPACT ON lHE SURROUNDING AREA OR CO~11 i. Mayor Andren withdrew the motion, Councilmember Schenck withdrew the second. MIOO796.DOC 5 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES MOTION BY ANDREN SECOND BY SCHENCK THAT THE PLANNING STAJfJ' PREPARE A RESOLUTION WITH FINDINGS OF FACT PROVIDING FOR APPROVAL OF VARIANCE. Upon a vote, ayes Andren, Kedrowski, and Schenck, nay Mader, the motion carried. MOTION BY ANDREN SECOND BY KEDROWSKI TO INSTRUCT PLANNING COMMISSION TO REVIEW ORDINANCES AND RECOMMEND REVISION SO THAT THEY MEET THE SPIRIT AND INTENT FOR WHICH THEY ARE DESIGNED. . Planning Director Rye said there was already something similar to that in the form of a directive and that the revision was to be incorporated in the zoning ordinance. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. D. Consider Approval of Modification of Development Agreement for Wilds Second Addition. . City Manager Boyles introduced this item. He explained the development and the addendum is in the interest of Public Safety. . Councilmember Mader asked Assistant City Engineer Wingard if the road went from Wood Duck Trail to County Road 82. Wingard explained the project location was an extension of the Wilds Parkway. Councilmember Mader questioned the report in reference to MSA working through the City, where it states the cost would be passed to the developer. He questioned the second page on approval of the addendum and the letter of Credit. Wingard said the letter of credit was sufficient to cover the work contemplated under the addendum. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE MODIFICATION OF THE DEVELOPER'S AGREEMENT FOR THE WILDS SECOND ADDITION. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. E. Consider Appeal of G & R Enterprises from a decision of the Zoning Officer Relating to Docks. . City Manager Boyles introduced the item, which discussed the use of docks under zoning ordinance R-I, which would preclude the dock rental. MIOO796.DOC 6 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES . Mayor Andren recognized Bryce Huemoeller of Huemoeller and Bates. He said the parcel involved in the appeal was too small to build on, and the owner had leased four undivided 20-25% interests in the property. These short-term seasonal leases were for lot seven. F our people extended two docks for lake access purposes. Each of the multiple owners has the riparian rights to extend lot and use dock. He said the use by the owner would be an R-l use under the Prior Lake Zoning Ordinance. Leasing the lot with its accompanying property rights does not constitute a common beach. . Planning Director Rye disagreed. He said that he would agree with Mr. Huemoeller if there was no common lot provision in the zoning ordinance. Were it not for that provision, this may not have come up. MOTION BY ANDREN SECOND BY MADER TO UPHOLD THE DECISION OF THE PLANNING COMMISSION RELATING TO G & R ENTERPRISES AND litE USE OF DOCKS IN l.tI.E R-l DISTRICT. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 8. NEW BUSINESS: MIOO796.DOC A. Consider Approval of Request by Evergreen Land Services and MSA Consulting for Additional Fees for Services Rendered for the Northwood Road Project. . City Manager Boyles introduced the item. The letters in the Agenda Reports outline the reasons for their request, including widening the scope of the project. The number of parcels went from 12 to 19. The work was substantially greater than originally contemplated. The staff recommendation is that some additional compensation be authorized. He said the Northwood Road project was initiated by staff which is no longer here. He doesn't know why the number of parcels went up. There are funds in the contingency account of the project for this. . Councilmember Kedrowski concurred with the City Manager that the item should have been brought to the Council sooner, but the work was done and the firms should be compensated. . Councilmember Schenck agreed that changes in work orders should have come before the Council. The companies are reputable and should be compensated. 7 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES · Councilmember Mader said the understanding was that there was no agreement between the staff and the vendors to do the additional work. Evergreen estimated $3-5,000 for 12 parcels. He said the most he could rationalize was 18 parcels versus 12. He felt the amount of the increase was unjustified. The Dunn parcel was a big increase in work. He said he could not endorse business based on one estimate. . Mayor Andren said that it was unfortunate that the work was unauthorized by the City Council, but the work has been done. If they had come to the Council, the work would have been authorized. She does not think a business should be punished because of lack of communications from City staff. A service was provided and needs to be paid for. She said the amounts were to be determined. She will assume that there is a mechanism in place to ensure this does not happen again. She asked City Manager Boyles what he felt was a fair amount. . City Manager Boyles said $9,000 would be the amount if done on a $500 per parcel basis. It would be an additional $3,000. For MSA, if a similar formula were used, it would yield $4,000 more than originally planned. . The Mayor recognized Frank Kriz of MSA. He said Evergreen had to spend time on the Dunn parcel and Scott County. He sent bids to acquisition companies. He said Evergreen works well with people, and everyone was treated fairly. . The Mayor noted there was no Evergreen Services representative present . City Manager Boyles clarified that the formula for the compensation was basic math and did not take into consideration that one parcel was more difficult than the other. . Mayor Andren said the additional work would most probably have been approved, and these businesses should not be punished. . Councilmember Mader said that the Council should not tell the contractors that they have no responsibility. He felt MSA did inform the City of the additional cost. He felt Evergreen should be modified on the ratio of 19/12. MOTION BY KEDROWSKI SECOND BY AUTHORIZE PAYMENT OF IdE COMPENSATION TO MSA AS REQUESTED. MADER TO ADDITIONAL Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. MIOO796.DOC 8 10/07/96 PRIOR LAKE CITY COUNCIL MINUTES MOTION BY KEDROWSKI SECOND BY SCHENCK TO TABLE EVERGREEN REQUEST UNTIL NEXT MEE 111 iG. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 96-100 Continuing City Participation in the Livable Communities Program. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 96-100 CONTINUING CITY P ARTICIP A TION IN 1 dE LIVABLE COMMUNITIES PROGRAM. Upon a vote, ayes Andren, Kedrowski, Mader, and Schenck, the motion carried. 9. OTHER BUSINESS: A. Adjourn to Executive Session to Discuss Labor Negotiations Strategy. . The Council adjourned to Executive Session at 10:05 p.m. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT ! (\ · J_I e City #~Cil meeting was adjourned at 10:53 p.m. , I, '- ''"(\i / ~ City ~;z: ) f:a, /; } R~ing Secretary f- MIOO796,DQC 9