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Home My WebLink About062094 RegularMINUTES OF THE CITY COUNCIL Monday, June 20, 1994 . . . . CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, June 20, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Kedrowski, Scott and Schenck, City Manager Boyles, Assistant City Manager Carlson, Finance Director Teschner, Assistant Engineer Loney, Associate Planner Mitchell, Attorney Kessel and Recording Secretary Birch. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - Council noted the following corrections/amendments: a, Item 3 - Approval of Minutes -indicated Councilmember Schenck as voting, but Councilmember_Schenck had abstained from voting due to the fact he had not been present at the previous meeting. b, Page 1- Call to Order- indicated Councilmember Kedrowski arrived at 8:15 p.m., but on page 3 it was noted that he had arrived at 8:30 p.m. This should be changed to indicate the correct arrival time which was 8:15 p.m. MOTION BY, GREENFIELD, SECONDED BY KEDROWSKI, TO APPROVE THE MINUTES AS AMENDED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck, the motion passed unanimously. CONSENT AGENDA: a, Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Permit Report Consider Approval of Fire and Rescue Report Consider Approval of Refuse Hauler Permits Consider Approval of Applications cf Renewal For Intoxicating, Non-lntoxicatir~g, Off Sale, On Sale, Sunday and Club Beverage Licenses 7-1-94 thru 6-30-94. Consider Approval of 3.2 Liquor License for Prior Lake Lions Club for Lakefront Days. Cored e.n./¢. gnvoices Dog Catcher Fire & ~escue ~e~u~e Naui~ ~uor ~c~se tion~ Club ti~uor L~cense La~e~ron~ 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN E~[L~AL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes June 20, 1994 Sa h. j, Consider Authorization for Payment for Sanitary Sewer Service Extensions. Consider Authorization to Deposit 75% of Appraisal with Scott County Courts for Right of Way Acquisition for Pike Lake Trail and Carriage Hills Parkway. Consider Consolidation of Preliminary and Final Plat for Sterling South of the Wilds. Consider Approval of Treasurer's Report. Councilmember Kedrowski stated that he would be abstaining from voting on Item (g) of the consent agenda. Council requested the following items be removed for discussion under Other Business: (a), (f) and (h). MOTION BY GREENFIELD, SECONDED BY SCOTT, TO APPROVE CONSENT AGENDA ITEMS (b), (c), (d), (e), (g), (i), (j) and (k). Upon a vote taken, yeas by Andren, Greenfield Kedrowski, Scott and Schenck, the motion passed unanimously, noting Mr. Kedrowski's abstention from item (g). PRESENTATIONS: A. Feasibility Report Regarding Joint Prior Lake Savage Area Library by Janet Williams. Ms. Williams gave a brief history of the Prior Lake and Savage libraries and discussed results of the meetings held by the Area Library Study Committee and reviewed portions of the Feasibility Report issued by the Committee. City Manager Boyles stated that the date for a joint meeting of the Scott County Commissioners, Savage and Prior Lake Councilmembers, consultant David Smith, and members of the Study Committee would be forthcoming. Councilmembers concurred that a survey from Friends of the Library and patrons of the library should be conducted. City Manager Boyles discussed the numerous deficiencies of the present library with regard to complying with the American With Disabilities Act. Discussion occurred regarding the timeline under consideration on this project. Ms. Williams stated that the City of Savage desires to begin as soon as possible. Further discussion occurred regarding location, funding sources, availability and public opinion. Councilmembers agreed that a workshop should be held to discuss this important issue. PUBLIC HEARINGS: - (see Item 8 B) ffoint Area tibrarg 7. OLD BUSINESS -2- Prior Lake City Council Minutes June 20, 1994 A. B. C, Consider Prior Lake Lions Sand Point Beach Bituminous Drives and Parking Lot Project and Funding. - City Manager Boyles introduced the item and turned the presentation over to Parks and Recreation Director Marigan. Mr. Mangan stated that the Lions Club Board has recommended that their membership table this item due to uncertainty of funding, but expressed an interest in spreading the funding out over a period of years should they decide later to donate funds. Staff recommended approving the project as part of the 1994 CIP in bonding projects so that construction could proceed by including this portion in the $800,000 General Obligation bonds. Discussion occurred regarding paving of parking lots in city parks, bathrooms in Memorial Park and the priorities as determined by Council. SSa,zd Po.in~ Beach P~kir~. Lo~ MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO DIRECT STAFF TO PROCEED WITH THE PAVING PROJECT OF LIONS PavZn.,,a SAND POINT BEACH PARKING LOT FOR FULL PROJECT $~z~d PoZr~ FUNDING TO BE INCLUDED IN THE 1994 GENERAL OBLIGATION IMPROVEMENT BONDS. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Consider Approval of Resolution 94-34 Establishing Issuance of $800,000.00 General Obligation Bonds of 1994. Consultant Stevens 9~-3/-,, Mattson, discussed bonding procedures and reviewed the o~ $8oo, ooo difference between a public sale and a negotiated sale. A short .~.O. /~nd~ discussion occurred regarding details of the bond sale. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-34 PROVIDING FOR THE ~.~ qz~-3~ §.0. ISSUANCE AND NEGOTIATED SALE OF $800,000 GENERAL /~or~d_~ OBLIGATION IMPROVEMENT BONDS OF 1994, AND LEVYING A TAX FOR THE PAYMENT THEREOF. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Consider Approval of Change Order #1 Project 93-11, Waterfront Passage Business Park Improvements. Assistant City Engineer Loney discussed details of the change order, specifically items 5 & 6 dealing with grading, streets and site draining by the contractor. Mr. Loney discussed a letter submitted by the contractor stating that the change order resolves all the claims that were outlined. Discussion occurred on the language of current contracts. Discussion also occurred regarding change order decisions and the likelihood of establishing a policy regarding change orders. Council concurred that improved documentation would help to avoid future misunderstandings. Council concurred that this process needs to be improved and directed staff to look into it. -3- Prior Lake City Council Minutes June 20, 1994 am MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO AUTHORIZE CHANGE ORDER #1 IN THE AMOUNT OF $37,709.35 TO IMPERIAL DEVELOPERS, INC, RECOGNIZING THAT THIS PAYMENT RELEASES THE CITY OF PRIOR LAKE FROM ANY AND ALL CLAIMS MADE BY IMPERIAL DEVELOPERS INC, AS STATED IN THEIR LETTERS OF FEBRUARY 14, 1994 AND APRIL 18, 1994 NOTING THAT IMPERIAL DEVELOPERS INC, HAS ALSO AGREED TO THESE CONDITIONS IN THEIR JUNE 13, 1994 LETTER. Council also directed staff and Attorney Kessel to work together to draft more restrictive language for this and other change orders in the future. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. D, Consider Approval of Resolution 94-33 Rejecting Bids for Project 94-13 (Sale of Excess Top Soil from Waterfront Passage Business Park). MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE RESOLUTION 94-33 REJECTING ALL BIDS FOR PROJECT 94-13 AND DIRECTED STAFF TO OBTAIN A MINIMUM OF TWO BIDS FOR THE SALE OF EXCESS TOP SOIL FROM WATERFRONT PASSAGE BUSINESS PARK. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Discussion occurred regarding a request from residents, in the area of T.H. 13 and Timber Trail off of Fish Point Road for additional fill to construct additional berming between Highway 13 and Timber Trail. Council requested staff to investigate the issue and report back to Council. A short recess was called. The meeting reconvened at 9:20 p.m. NEW BUSINESS A, Consider Mickley and Newbour Vacation Request. Mayor Andren called the public hearing to order and read the notice as it appeared in the Prior Lake American on June 4 and June 11. - City Manager Boyles stated that Resolutions 94-28 and 31 providing for the vacation of the alley located within Block 28, plat of Spring Lake town site should be amended to reflect the change of time for the public hearing from 7:45 p.m. to 9:20 p.m. Associate Planner Mitchell presented details of the request for the vacation of an unimproved alley located within Block 28 of Spring Lake town site. Change O~der #1 to Ymperiai Developers ~or Paymenl ~$ 9~-33 ~e~ecting ~or Fop -4- Prior Lake City Council Minutes June 20, 1994 ga Mayor Andren opened the meeting for public comments. There were no public comments. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE RESOLUTION 94-28 AS AMENDED BY CITY ~$ 94,-28 MANAGER BOYLES CHANGING THE PUBLIC HEARING START TIME TO 9:20 P.M. INSTEAD OF 7:45 AS STATED IN THE Vacati. on ott. PUBLIC NOTICE, AND RESOLUTION 94-31 PROVIDING FOR /~Lck./.~ Nebour THE VACATION OF THE ALLEY LOCATED IN BLOCK 28, ,41i~ SPRING LAKE TOWN SITE. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD TO P.//. CLOSE PUBLIC HEARING. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. B, Consider Norling Appeal for Variance - Associate Planner Mitchell presented details of the variance appeal to the Planning Commission's denial to construct a deck. The Planning Commission found that the 15' lakeshore variance and 5' south side yard variances were warranted, but denied the 9' south side yard variance on the premise that this action would set a negative precedent when other options were available. Noriing Variance Appeal Mr. Norling was present to discuss his request. Council concurred that Mr. Norling is simply replacing a deck that had originally been attached to the house and directed to develop a set of findings to substantiate the fact that denial of the request would represent a hardship to Mr. Norling and that granting the variance would not constitute a negative precedent by the City. OTHER BUSINESS (a) Mayor Andren stated that she had requested the Invoices to be Paid item be removed for discussion because the issue on Change Order #1 (which is included in the invoices) had not been resolved at the time of this vote. MOTION BY KEDROWSKI, SECOND GREENFIELD, TO ?nvo.Lce~ APPROVE THE INVOICES TO BE PAID AS SUBMITTED. .~o be Pa~d Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. (f) Renewal of 1994-1995 Liquor License applications. Councilmember 179~-1995 Kedrowski had requested this item be removed for discussion L~or L~c~e /I ppii cat i_o na -5- Prior Lake City Council Minutes June 20, 1994 (h) because of the confusion on the staff report for Lone Pine's application request, MOTION BY KEDROWSKI, SECONDED BY GREENFIELD TO APPROVE THE 1994-1995 LIQUOR LICENSES RENEWAL APPLICATIONS WITH THE EXCEPTION OF LONE PINE GOLF COURSE. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Staff clarified the fee amount of $200 for Lone Pine Golf Club's request. Council discussion occurred regarding the current fee schedule and Councilmember Kedrowski suggested that the liquor license fee scheduled be reviewed in January. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE REQUEST OF LONE PINE GOLF COURSE APPLICATION FOR NON-INTOXICATING LIQUOR LICENSE FOR 1994-1995. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Council requested that Item (h) Authorization for Payment for Sanitary Sewer Service Extensions be removed for further discussion. Discussion occurred regarding the installation services cost and the location. Assistant City Engineer Loney stated that the sewer line is 30 to 35 feet deep and in order to plan for future sewer services to the adjacent properties, they are requesting the services be included as part of this project by Duininck Brothers, Inc. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE AUTHORIZATION FOR PAYMENT OF SANITARY SEWER SERVICE EXTENSIONS TO DUlNINCK BROS., INC. IN Ex.~.Lor~ .~o AN AMOUNT OF $8,536.00 OUT OF THE CITY'S TRUNK Ou~n.~ ~o.~ RESERVE. ,~o~ ~o~/~ Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. MOTION KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE LONE PINE LIQUOR FEE FOR 1994/1995 IN THE AMOUNT OF $200. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Fee ,4pp~o veE Mayor Andren commented that she had received a letter of resignation from Dar Fosse resigning his position from the Business Development Committee. -6- Prior Lake City Council Minutes June 20, 1994 10. 11. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO/~a~z Fo~.~e ACCEPT DAR FOSSE'S RESIGNATION FROM THE BUSINESS ~_gruz~_or~ DEVELOPMENT COMMITTEE WITH REGRETS. £~m ~0C Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion carried. Staff was directed to send a letter to Mr. Fosse and arrange for a presentation. Mayor Andren discussed a letter from Jim Terwedo regarding his request for Council to hold a public hearing to consider a County Curfew ordinance. Discussion occurred regarding whether the County ordinances had any bearing on the City's ordinance. City Manager Boyles recommended having staff do a comparison contrast between the City's curfew ordinance and other jurisdictions. Council concurred. ~.bn Te.~jj~ /_,e,~,~z Discussion took place regarding receiving updates or briefings from local groups who represent the City of Prior Lake in one capacity or another. Council concurred that they would like staff to conduct research on this and set up a schedule on the agenda for city representatives to provide status reports to the City Council. ANNOUNCEMENTS/CORRESPONDENCE ADJOURNMENT There being no further bu,'3htess the meetin,~r adjourned at 10:15 be ~.~994 at 7:30 p.m. p.m. The next Council me~'in~l will ~!~ CIy~-~ Recording Secretary M62094.WRT -7-