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HomeMy WebLinkAbout021693 RegularMINUTES OF THE CITY COUNCIL February 16, 1993 The Common Council of the City of Prior Lake met in regular session on Tuesday, February 16, 1993 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, Acting City Manager Kuhlmann, City Planning Director Graser, Public Works Director Anderson, Assistant Planner Garross, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. Mayor Andren introduced the new City Manager Frank Boyles who was in the audience. The minutes of the February 1, 1993 Council meeting were reviewed by Council. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE THE Minutes MINUTES AS SUBMITTED. The next order of business was approval of the Consent Agenda as Consent fol lows: Invoices a) Consider Approval of Invoices to be Paid Do§ Catch. b) Consider Approval of Animal Warden Report c) Consider Approval of Annual Building Permit Summary Bld§' RDt. Report Fire & Res d) Consider Approval of Fire and Rescue Report Treas. Rpt e) Consider Approval of Treasurer's Report f) Consider Approval of Renewal of On-Sale Non Intoxicating Liq. Lic. Liquor License for Jays/Mudcats Amateur Baseball Jays/Mudct Association Baseball g) Consider Approval of Joint Defense Agreement For MPRS MPRS Joint Lawsuit A§r. h) Consider Transfer of Funds From Contingency To Cover Ord. Rev. Sign Ordinance Revisions Contin§encl i) Consider Approval For Final Payment on Project 89-01A, Fish Point Fish Point Road Sidewalk Improvements Rd. j ) Consider Approval of Resolution 93-06 Supporting Volunteers Volunteers of America Week, March 7 - 14, 1993 of America k) Consider Approval of Agreement Between the City of Prior City Mgr Lake and City Manager · Agreement MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE Consent CONSENT AGENDA ITEMS (a) THRU (k). Agreement Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 ! Ph. (612) 447-4230 ! Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council February 16, 1993 The next order of business was: Presentation of Economic Development Committee 1992 Annual Report and 1993 Work Program and Consider Approval of Resolution 93-07 - EDC chair, Bob Barsness, presented details of the report and gave a progress report on the status of the Business Office Park. Mr. Barsness also reported briefly on the Star City recertification, the Scott county Economic Development Coalition and the Student Advisory Committee. Mayor Andren thanked Mr. Barsness and the EDC for their work over the past year and invited all Economic Development Committee members to attend the Council Workshop which will be held on April 16 and 17, 1993. Councilmember Fitzgerald also commented on the importance of the EDC's work on the Business Office Park. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO RECEIVE AND EDC APPROVE THE 1992 ANNUAL REPORT OF THE ECONOMIC DEVELOPMENT Report COMMITTEE. 1992 Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. scott The next order of business was: Consider Warren Israelson (Progress Land Company) Appeal of Planning Commission Decision on Progress Lot Size and Density - Acting City Manager Kuhlmann gave a historical perspective of the 18% coverage ratio beginning in Land 1975 to the present. Discussion occurred on referring the issue Company back to the Planning Commission for the following reasons: (1) (Israels¢ due to the interest ~enerated regarding the petition by Mr. Israelson after the original public hearing had been held, and Coverage ( 2 ) the tape of the Planning Commission public hearing Ratio malfunctioned, therefore, there is no record of who spoke at the meeting. Another meeting/workshop would allow people to address their concerns and have it on record. Council concurred that the Planning Commissioners should work with staff in order to obtain whatever information they need to make a decision and that the City Attorney is to be present at the workshop session. Mayor Andren noted that a sign up sheet was being circulated through the audience to obtain their name and address as a record of their attendance at the meeting. This list will also be used for the purpose of notification to the attendees regarding the date and time of a workshop on the issue. City Attorney Kessel stated that at the proposed meeting/workshop, the Planning Commission should make specific written findings as to their recommendation for the Council in the event the Planning Commission's decision is again appealed. Further discussion occurred regarding implementing lot size as part of the workshop discussion. Council concurred that a future meeting should be held separate from the ratio coverage meeting/workshop. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE , TO TABLE DISCUSSION Table ON LOT SIZE AND DENSITY BY THE COUNCIL AND REFER IT BACK TO THE Lot PLANNING COMMISSION FOR FURTHER FINDINGS OF FACT AND TO RECORD A Size CLEAR VERBATIM RECORD OF THE PROCEEDINGS. Ratio Disc. A short discussion occurred regarding the timeframe of 60 days which would end March 22, 1993. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Minutes of the Prior Lake City Council February 16, 1993 A short recess was called. The meeting reconvened at 8:10 p.m. The next order of business was: Discuss Level of Ambulance Service - Fire Chief Borchardt discussed various options for providing ambulance service to the community and stated that these options would be explored further during the April Ambulance workshop. Discussion occurred regarding the use of City staff Service to assist in conducting a survey on this issue. Council thanked Chief Borchardt for his report. The next order of business was: Continuation of Public Hearing to Consider approval of Landscape Ordinance 93-02 - Mayor Andren opened the public hearing at 8:20 p.m. Greg Kopischke, PH Consultant for Westwood Planning reviewed the proposed changes Landscape which had been requested by Council at their February 1, 1993 Ord. meeting. Council directed that Ordinance 93-02 be placed on the 93-02 March 1, 1993 consent agenda. Mr. Kopischke assured Council that the word "flexibility" as stated on page one Section A 4 could be applied in interpretation of Section D 3 (a). Mr. Bob Polzin, 6700 Casey Parkway addressed the Council regarding his concerns. Mr. John Egan, 15161 Edgewater, and Marianne Whiting, 14987 Manitou Road, spoke in favor of the Ordinance. MOTION MADE BY SCOTT, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. The next order of business was: Continuation of Public Hearing to Consider Approval of Shoreland Management Ordinance 93-01. Assistant Planner Garross addressed the Council and noted that Northwest Associates Consultant, Allen Hunting, was in the Shoreland audience to answer any questions. (Mr. Hunting was filling in Mana§emen for Steve Grittman). Ms. Garross then reviewed each section of Ord. the Ordinance and changes which were either required by the DNR 93-01 or suggested by Council. Extensive discussion occurred on definitions, standard uses, zoning process, buildable lots, PUD's and lot sizes on Twin Island. Further discussion occurred regarding specific standards, and notification of property owners who own land adjacent to property on which a five foot side yard variance is being requested. Planning Commissioners Greenfield and Wuellner addressed the Council for the purpose of clarifying the Planning Commission's recommendation regarding 50 foot lots. Bob Schaefer, 15223 Bluedorn Circle and, Carl Hanson, 4065 Raspberry Ridge Road, addressed the Council regarding inclusion of decks as part of the impervious surface definition. Council directed staff to schedule the Shoreland Management Ordinance for a public hearing at 8:30 p.m. on the March 1, 1993 Council agenda. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO CONTINUE THE PUBLIC HEARING TO 8:30 P.M. ON MARCH 1, 1993. Cont. of PH Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Minutes of the Prior Lake City Council February 16, 1993 A short recess was called. The meeting reconvened at 10:40 p.m. The next order of business was: Discuss Implementation of Storm Water Management Ordinances 93-05, 93-06 and 93-07 - Public Works Storm Director Anderson gave an update on the process and reason for Water the proposed ordinance amendments to comply with the mandated Manageme[ Best Management Practices and design standards set forth in the Ord. National Urban Runoff Program (NURP). 93-05 The next order of business was: Consider Approval of Resolution 93-06 93-05 Accepting Feasibility Study and Calling For Public Hearing 93-0? on 1993 Projects - Public Works Director Anderson reviewed the Project List and Costs with Council for which Council had authorized a feasibility study which consists of 13 projects. Anderson also reviewed the project assessment summary for the three projects (Business office Park, Lime and Center Roads and Forest Oaks Sewer, water and paving) which are expected to be either partially or wholly funded by special assessments. Discussion occurred on the proposed improvement to the Pond Athletic Complex. Mayor Andren suggested that staff review the proposed Pond Athletic complex improvements and the effect deletion of this project would have on tax rates. Further discussion occurred regarding the County and Township's share of cost of storm sewers, curb and gutters. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE RS 9305 RESOLUTION 93-05 ACCEPTING FEASIBILITY STUDY AND CALLING FOR A PUBLIC HEARING ON 1993 IMPROVEMENT PROJECTS AND ESTABLISHING THE DATES OF MARCH 15, 1993 AT 8:00 P.M. FOR THE BUSINESS OFFICE PARK PUBLIC HEARING; MARCH 15, 1993 AT 8:15 P.M. FOR LIME AND CENTER ROAD PUBLIC HEARING; AND APRIL 5, 1993 AT 9:00 P.M. FOR FOREST CIRCLE AND FOREST OAKS PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Public Works Director Anderson also reguested consideration by the Council with regard to completion of the landscaping and screening along County Road 42 in conjunction with Scott County's construction of the roadway. Anderson reviewed the bids from Toltz, King, Duvall and Anderson and Westwood Professional Services for the design and landscaping plans. Toltz, King, Duvall and Anderson (TKDA) was low bidder at $7,000. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE AWARDING TKDA THE BID TO TKDA FOR THE LANDSCAPING PLAN AND TO AUTHORIZE THE Bid AMOUNT OF $7,000 TO BE TAKEN FROM THE CONSTRUCTION FUND. Upon a vote taken, ayes by Andren{ Fitzgerald, Kedrowski, and White, the motion passed unanimously. Topics discussed under other business: Award Landscap Scott Plan Minutes of the Prior Lake City Council February 16, 1993 -- Councilmember Kedrowski proposed that Council appoint two representatives for the purpose of conducting meetings with the Mdewakanton Sioux Community on an ongoing basis. Acting City Manager Kuhlmann stated that on March 1 staff would be Mdewakant¢ presenting a complete summary of the recent workshop on this Sioux issue and at that time staff would be requesting direction Comm. from Council. Rep. -- Discussion occurred on the Council workshop dates. A definite date is yet to be determined, however, tentative date of April 22 - 25 was discussed, staff is to do another survey to determine alternate date. -- Acting City Manager Kuhlmann noted that Council had received Prior information on the proposed expansion plans of Prior Lake Lake Aggregate and stated that if Council had any additional A§§re§ate comments on the EAW they should forward them to staff as soon as possible. -- A short discussion occurred regarding a reception for Frank Boyles. Council concurred that it should be done in CM conjunction with a Council meeting, and directed staff to Reception take care of the details. -- Acting City Manager Kuhlmann gave an update on pending MPRS litigation regarding the Veterans Preference and the MPRS. Ms. Kuhlmann discussed the premium cost of this lawsuit. -- Planning Director Graser discussed the request by the Planning Commission for services of a consultant to assist in Plannin§ conducting open forums and surveys. Discussion occurred on Comm. the list of zoning issues and the need to address them as Request soon as possible. Graser stated that staff would compile a for list of the issues to present to Council at a later date a Consultant timeframe and proposed action. Further discussion also occurred on the Comprehensive Plan and the Land Use component. Planning Commissioners Greenfield and Wuellner addressed the Council to explain the intent of the Planning Commission in requesting assistance. Councilmember Kedrowski made the following motion: MOTION BY KEDROWSKI, SECOND BY ,THAT THE ISSUES WHICH ARE BACKLOGGED THAT AT THE NEXT COUNCIL MEETING THAT STAFF WOULD BE DIRECTED TO PRESENT A TIMETABLE AS TO WHEN THESE MATTERS CAN BE RESOLVED, AND TABLE THE REQUEST OF THE PLANNING COMMISSIONERS UNTIL THE NEXT MEETING. Discussion occurred regarding the 2010 draft ~lan and its purpose and what the Planning Commission is trying to accomplish. Assistant Planner Garross explained the process and objective of the 2010 plan which was to be a document to be built upon by the various committee's and commissions and Council. Motion died for lack of a second, Kedrowski withdrew motion. Minutes of the Prior Lake City Council February 16, 1993 Mayor Andren clarified for staff the direction Council is requesting with regard to the issue: (1) a timeline and, (2) cost estimates and definition of the Planning Commission's proposed action. The next Council meeting will be Monday, March 1, 1993 at 7:30 p.m. There being no further business, the meeting adjourned at 11:45 p.m. by general consent of the Council. Kay ~Uhlmann' act~g Cit~ MAnager U~e Birch Recording Secretary