The URL can be used to link to this page

Home My WebLink About060694 Regularlg . m . MINUTES OF THE CITY COUNCIL Monday, June 6, 1994 CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, June 6, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Kedrowski (joined meeting at 8:15 p.m.), Scott and $chenck, City Manager Boyles, Assistant City Manager Carlson, Assistant Planner Garross, Assistant City Engineer Loney, Finance Director Teschner, Attorney Kessel and Acting Recording Secretary Wager. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - The following amendments were made to the minutes: a) Page 5 - The motion to prepare an ordinance amendment to the City Code should also include Sections 2-3-3 and 2-3-4. MOTION BY, GREENFIELD, SECONDED BY, SCOTT, TO APPROVE THE MINUTES. Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck the motion passed. CONSENT AGENDA: a. f. h. Consider Approval of Invoices To Be Paid Consider Approval of RLS for Vernon Hafferman. Consider Approval of Resolution 94-27 Appropriating General Fund Undesignated Balance To the Equipment Fund Reserve. Consider Approval of Cigarette Licenses for Green Heights Inn Consider Approval of Supplemental Agreement #1, Project 93-05 Fish Point Road Improvements. Consider Approval of Amendment to Joint Powers Agreement Between the Participating Cities and Minnesota Valley Transit Authority. MOTION BY SCHENCK, SECONDED BY GREENFIELD, TO APPROVE CONSENT AGENDA ITEMS EXCLUDING 4 (b) AND (c) WHICH ARE TO BE CONSIDERED BEFORE PRESENTATIONS. Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion passed unanimously. Consent /lgenda 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN E--4~4AL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes June 6, 1994 Si Si b. Consider Approval of Agreement With Harold Bohlen to Restrict Building Permit To a Ten Acre Tract in Section 23. City Manager Boyles pointed out to the Council that the reason this item is before the Council again is because the original approval expired and must be aPproved again. Assistant Planner, Deb Garross clarified that the there are only two owners Mr. and Mm. Whipps, and Mr. and Mm. Bohlen. The agreement has been amended to accurately reflect who the property owners are by removing Darrel and Robyn Sibbet from the signature page of the Agreement. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE AGREEMENT WITH HAROLD BOHLEN TO RESTRICT BUILDING PERMIT TO A TEN ACRE TRACT IN SECTION 23 AS AMENDED. Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion passed. C. Consider Approval of Waiving Variance Application Fee for Harold Bohlen. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE WAIVING OF VARIANCE APPLICATION FEE FOR HAROLD BOHLEN. Upon a vote taken, yeas by Andren, Greenfield, Scott and Schenck, the motion passed. PRESENTATIONS - There were no presentations PUBLIC HEARINGS:- 7:45 p.m. A. Assessment Hearing on Prior South Street Improvement Project 94-01 and Consider Approval of Resolution 94-29. Mayor Andren called the meeting to order to consider the proposed assessments for the Prior South public improvements and read the legal notice for the hearing. City Manager Boyles pointed out that the Council would be taking no action until July 5, 1994 to afford the City an opportunity to publish a second notice for the hearing which includes Sand Point Beach Parking Lot improvements and bituminous sealcoating. The latter two projects are not assessed. L~h~en ~o. iver o~ Variance App. ~ 9~-29 Prior 5ouZh -2- Prior Lake City Council Minutes June 6, 1994 Ralph Teschner gave a presentation on the cost of the Prior South Road Improvement Project 94-01. The cost of the project is $551,000. The cost of the project is proposed to be assessed, 60 percent to benefitting properties and 40 percent to the City in accordance with City Council policy. He reviewed the Deferment of Special Assessment policy. Also discussed were project cost, assessment classification, method of assessment payment, assessment rates, assessment term, interest rate, and method of payment. Councilmember Scott asked whether the interest was running or frozen if the assessment is deferred. Finance Director Teschner indicated it was frozen. The following persons addressed the Council: David Heald - 4894 Erin Circle - Asked how this improvement would increase the value of his home. He objects to the project. Dan Erickson - 16756 Lyons Avenue SE - Objects to the percentage that the City is willing to pay because he feels the street was not built correctly. Joe Draeger - 4885 Erin Circle SE - presented an appeal to Mayor Andren. He objects to the 60-40 city assessment policy. Jeanne O'Neill- 16623 Lyons Avenue SE - Objects to the 60-40 assessment policy. Phil and Linda Griepp- 17606 Dublin Road - Sent Letter to object to the 60-40 assessment policy. Joe and Rebecca Draeger- 4885 Erin Circle SE - Mayor Andren read letter from the Draeger's which states their objection to the cost of the project. Councilmember Kedrowski arrived at 8:30 p.m. Discussion followed regarding whether the 60-40 split is fair to the residents when street reconstruction is being done. Council- members recognized that aspects of this project are unique but they are reluctant to change the policy after others have been assessed in this fashion. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-32 AMENDING RESOLUTION 94-07 ACCEPTING FEASIBILITY STUDY AND CALL FOR A PUBLIC HEARING ON IMPROVEMENT OF 1994 PROJECTS. -3- Prior Lake City Council Minutes June 6, 1994 = The hearing was continued to July 5, 1994. A brief recess was called 8:40 p.~, The meeting reconvened at 9:03 p.m. Conglcler Approval of Propo~ecl Orcllnanoe {3z[-0~ Amend;rig ~onlng Ordinance 83-6 to Incorporate Revised Sign Regulations. City Manager Boyles summarized the proposal. City Planner Garross explained that the proposed Sign Ordinance has been in preparation for numerous years and incorporates the input of businesses and residents. A letter was received from Rod Dehmlow Auto Sales and Velishek Auto Sales regarding pennants and streamers. The original draft ordinance prohibited the use of streamers. The Planning Commission recommended that provisions be incorporated into the draft which will now limit the number of days and times per year during which pennants and streamers can be permitted. Dick Kuydendall, Planning Commissioner, expressed concern regarding signing in public areas. Specifically newspaper mail boxes creating hazards in public right-of-ways. He stated that while there are First Amendment constraints on regulating the mailboxes the City can act to restrict advertising or restrict such devices on the basis of public safety considerations. Council reviewed the draft and recommended changes or clarifications which will be discussed further at the July 18, 1994 Council Meeting. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO TABLE THE PROPOSED ORDINANCE 94-06 AMENDING ZONING ORDINANCE 83-6 TO INCORPORATE REVISED SIGN REGULATIONS UNTIL JULY 18, 1994. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion passed unanimously. A short recess was called. The meeting reconvened at 10:30 p.m. OLD BUSINESS A. Consider Approval of Resolution 94-30 Awardi0g Bid for Project 94-01 (Prior South Street Improvements) and AUthorize MSA Consulting Engineers to Perform Construction Engineering Services. Staff requested this issue be tabled until July 5, 1994. Council concurred. _~;Zg/~. Ordinanc~ ~ 9~-06 5i_g;~. Ordinance ~5 914-30 Prior 5ouZh -4- Prior Lake City Council Minutes June 6, 1994 aw gl B. Consider Amendment to Ordinance 94-04 of Prior Lake City Code, Title 9, Chapters "Public Waters" affecting surface water usage in accordance with Department of Natural Resources recommendations. The purpose of this agenda item is to consider amending Ordinance 94-04. This amendment would rewrite Title 9, Chapter 3 "Public Waters" of the Prior Lake City Code. Numerous meetings including a September Public Hearing were conducted last year to consider changing the ordinance. Another Public Hearing was held on January 18, 1994 and at the meeting the City Council did adopt the Ordinance. The application was submitted to the DNR on April 1, 1994. Comments were received on May 24, 1994. The Engineering Department did rewrite two changes in the Ordinance at the DNR's request. a) Eurasian Milfoil. The DNR proposes deleting that section. Due to Minnesota Rule 6216-0600 regarding infestation of more than 75 acres cannot be marked with buoys. Prior Lake is classified by the DNR to be infested with greater than 75 acres so there will be no buoys. b) Adding a portion to the Ordinance requiring proper notification of residents regarding signs. Councilmember Kedrowski asked whether the City would be monitoring the Sheriff's Report on a year-round basis. MOTION BY GREENFIELD, SECONDED BY SCO'n', TO APPROVE ORDINANCE 94-04 OF PRIOR LAKE CITY CODE, TITLE 9, CHAPTER 3 "PUBLIC WATERS" AFFECTING SURFACE WATER USAGE IN ACCORDANCE WITH DEPARTMENT OF NATURAL RESOURCES RECOMMENDATIONS. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, and Scott, nay by Schenck, the motion passed. NEW BUSINESS - There was no new business. OTHER BUSINESS , , . Afton Resolution - Council indicated they were not interested in taking a formal position. Area Library- Meeting scheduled at 4:00 p.m. on Tuesday, June 7, 1994 to discuss possibility of Scott County building a library near County Road 42 and Highway 13. Outdoor concert at O'Malley's on June 18. ~er ~ur~ace Uaage Ord 9~-0~ ~'~er Sur[ace Usage -5- Prior Lake City Council Minutes June 6, 1994 10. ANNOUNCEMENTS/CORRESPONDENCE , , Mayor Andren passed on an invitation from Roseanne Campanoli of the Dakota Community to do a workshop for the Council talking about the Dakota culture on June 28 or June 29, 1994. Lord Street Access - seasonal (winter) easement - City had maintained and used for 15 years which entitles city to use as a public access. Mr. Hunt has blocked the access. Attorney Kessel indicated that .legally the City does have entitlement to access during the winter months, and Mr. Hunt is interfering with the public right. 11. ADJOURNMENT MOTION BY KEDROWSKI, SECONDED BY, SCHENCK TO ADJOURN THE MEETING. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion passed unanimously. There being no further business the meeting adjourned at 10:50 p.m. The next regular Council meeting will be Mo/13~ay, Ju, at 7:30 p.m. City, M~ana~r// / Recording Secretary ~'~ ~cce~ M60694.CC -6-