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HomeMy WebLinkAbout051793 Regular*SCOTT COUNTY BOARD OF COMMISSIONERS AND * * PRIOR LAKE CITY COUNCIL JOINT MEETING * * Council Chambers * * 5:30 - 7:00 p.m. * REGULAR COUNCIL MEETING AGENDA Monday, May 17, 1993 CALL TO ORDER 1. 2. 7:30 p.m. Pledge of Allegiance Consider Approval of Minutes of Previous Meeting - see attached. · Consent Agenda: a) Consider Approval of Invoices to be Paid - see attached. b) Consider Approval of Animal Control Warden - see attached. c) Consider Approval of Building Permit Report - see attached. d) Consider Approval of Treasurer's Report - see attached. e) f) g) h) i) Consider Approval of Ordinance 93-12 and Proposed Comprehensive Plan and Zoning Ordinance Amendment to Incorporate Agricultural Preserve Regulations and Resolution 93-32 - see attached staff report. Consider Approval of 1992 Financial Report and 1993 Audit Appointment to George M. Hanson Company - see attached staff report. Consider Approval of 1993/1994 Economic Development Committee Goals and Objectives - see attached staff report. Consider Approval of Election Judge Appointments for 1993 Fire Referendum - see attached staff report. Consider Approval of Resolution 93-31 Requesting MnDOT Financial Assistance in the Construction of a Traffic Control Signal at T.H. 13 and Five Hawks Avenue - see attached staff report. (Over) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7:35 p.m. 4. · 8:00 p.m 6. j) Consider Approval of Resolution 93-30 Requesting MnDOT Financial Assistance in the Upgrading of the Storm Sewer Outlet From T.H. 13 to Mitchell Pond - see attached staff report. Consider Approval of Resolution 93-28 Authorizing Public Sale of $3,000,000 General Obligation Improvement Bonds of 1993 - see attached staff report. Consider Setting A Hearing Date To Discuss an Ordinance Amendment to Revise Hours of Sale for On and Off Sale Liquor - see attached staff report. Conduct Equalization Hearing - Board of Review - see attached staff report. · Consider Approval Preliminary and Final Plat for Forest Oaks First Addition and Resolution 93-36 - see attached staff report. 8:05 p.m. 8. Continued Public Hearing on Forest Oaks and Forest Circle First Addition, Sewer and Water Project and Resolution 93-29 - see attached staff report. · Consider Approval of Fishing Pier Proposal For Sand Point Beach - see attached staff report. 9:00 p.m.10. Conduct Public Hearing to Consider Approval of Preliminary and Final Plat of Lakefront Woods and Resolution 93-37 - see attached staff report. 11. Consider Approval of Preliminary Plat for Hidden View and Resolution 93-33 Setting Forth Conditions - see attached staff report. 12. Consider Approval of Preliminary Plat for Westbury Ponds and Resolution 93-34 Setting Forth Conditions - see attached staff report. 13 . Other Business a) b) MINUTES OF THE CITY COUNCIL May 17, 1993 The Common Council of the City of Prior Lake met in regular session on Monday, May 17, 1993 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Boyles, Assistant City Manager Kuhlmann, Planning Director Graser, Public Works Director Anderson, Associate Planner Hayes, Assistant Planner Garross, Parks and Recreation Director Mangan, Assistant Engineer Loney, Finance Director Teschner, City Attorney Kessel and Recording Secretary Birch. 1. Call To Order Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. 2. Minutes of Previous Meeting: The minutes of the May 3, 1993 Council meeting were reviewed by Council. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE ~~ MAY 3, 1993 COUNCIL MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 3. Consent Agenda: a) b) c) d) e) f) g) h) i) J) Consider Approval of Invoices to be Paid. Consider Approval of Animal Control Warden. Dog Consider Approval of Building Permit Report. Consider Approval of Treasurer's Report. B2d~._ ~m. Consider Approval of Ordinance 93-12 and Proposed Comprehensive Plan and Zoning Ordinance Amendment to OR g3-12 Incorporate Agricultural Preserve Regulations and Ag. Pr~. Resolution 93-32. Consider Approval of 1992 Financial Report and 1993 Audit Appointment to George M. Hanson Company. 5. Consider Approval of 1993/1994 Economic Development Committee Goals and Objectives. Consider Approval of Election Judge Appointments for 1993 Fire Referendum. Consider Approval of Resolution 93-31 Requesting MnDOT~DOr Financial Assistance in the Construction of a Traffic Control Signal at T.H. 13 and Five Hawks Avenue. Consider Approval of Resolution 93-30 Requesting MnDOT 5 Financial Assistance in the Upgrading of the Storm Sewer Outlet From T.H. 13 to Mitchell Pond. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 ! Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Prior Lake city Council Minutes May 17, 1993 MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (j). Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 7:35 p.m. 4. Consider Approval of Resolution 93-28 Authorizing ~OBo~/~ Public Sale of $3,000,000 General Obligation Improvement Bonds of 1993 - City Manager Boyles introduced the agenda item and turned the meeting over to Finance Director Teschner who briefly discussed the assessment charges, projects, pro?osed funding source, anticipated cost and bond rating. FinancIal Consultant, Steve Mattson of Juran and Moody, reviewed Resolution 93-28 and discussed details of the proposed $3,000,000 General Obligation Bond Sale to be held on June 21. A short discussion occurred. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, R$93-28 TO APPROVE RESOLUTION 93-28 PROVIDING FOR PUBLIC~o~ SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS OF 1993 Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 5. Consider Setting A Hearing Date To Discuss an Ordinance Amendment to Revise Hours of Sale for on O~-$~ Sale and Off Sale Liquor - City Manager Boyles discussed the revision. Ray Lemley (Hollywood Bar and Grill) addressed the Council on behalf of his establishment and other establishments in Prior L~q. Lake who are affected by this ordinance, and requested that Council change the hours as outlined in the proposed ordinance amendment. A short discussion occurred regarding the Sunday change of hours and whether or not it was restricted to those establishments serving food. The 10:00 a.m. Intoxicating On-Sale change of hours is limited to restaurants serving food. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TOpH APPROVE SETTING A PUBLIC HEARING FOR JUNE 7, AT ~o~ 8:00 P.M. TO CONSIDER AN ORDINANCE AMENDING HOURS · OF ON SALE AND OFF-SALE LIQUOR. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Due to the fact that it was not yet 8:00 p.m. at which time a public hearing was scheduled, City Manager Boyles requested input from the Council regarding distribution of the Council Updates. Prior Lake City Council Minutes May 17, 1993 Discussion occurred on who should be on the list and whether enough information was being disseminated to the Boards and Commissions. Council concurred that the Update should be distributed only to Councilmembers and Department Heads. City Manager Boyles stated that the advisory bodies now receive his Notes from the Meeting, the Council Agenda and Minutes from the Council meetings and Planning Commission minutes. If they are not receiving information they should contact the City Manager. City Manager Boyles requested Council direction regarding advertising for vacancies on the upcoming Committees, Boards and Commissions. Council Vac~aci~ concurred that the positions should be advertised oa in the Prior Lake American and directed staff to Bo~d~ follow past procedures in selecting the candidates. ¢o~~ It was also noted that a member whose term limit is up should be encouraged to ap~ly ~or a position on other City boards and commissions 8:00 p.m 6. Conduct Equalization Hearing - Board of Review Mayor Andren called the equalization hearing to order at 8:00 p.m. She read the public notice as it appeared in the Prior Lake American on April 6, 1993 and explained that the purpose of the hearing was to give property owners an opportunity to contest the valuation of their property, not their property taxes, but if they had questions which could not be answered during the hearing, they could make arrangements to meet with Mr. Arnoldi at a later date. County Assessor, Leroy Arnoldi, reviewed the names of those parties who had returned cards to him regarding their valuation. The following residents commented on their valuation: Carl Hansen 4065 Raspberry Ridge Rd. Aino Lukk 15334 Fish Point Mr. Arnoldi answered the resident's questions. Council had no further comments. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, ~H TO CLOSE THE PUBLIC HEARING. £/o~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 7. Consider Approval Preliminary and Final Plat for Forest Oaks First Addition and Resolution 93-36 City Manager Boyles introduced Assistant Planner O~A~ Deb Garross, who presented an overview of the property ~393-36 Prior Lake City Council Minutes May 17, 1993 and its location in relation to the abutting properties. Ms. Garross also discussed storm water run off, elevation levels, grading plan, type of homes, right of way dedication and anticipated tree loss. Ms. Garross noted that upon the City's approval of the final plat, the developers have agreed with the three property owners: Glen and Lisa Sass, Craig Vogt, Mark and Sue Grinager of Forest Oaks) to be responsible for road improvement costs exceeding $2000 ~er existing home. Discussion occurred on the discrepancy between the hardshell dedication language and format. Ms. Garross stated that the language and format will be subject to review and approval by the City Attorney. Additional discussion occurred regarding construction of the road and location of the access point into Fishpoint Park and minor changes in the wording of Resolution 93-36. The following residents expressed their concerns regarding potential traffic safety problems, loss of trees and potential drainage problems. Vicky Hunter 15347 Fishpoint Road Cheryl and David Dornbush 15346 Fish Point Road Aino Lukk 15534 Fishpoint Road Mayor Andren placed two letters and photographs of the area into the record from Mr. and Mrs. Dornbush and Aino Lukk who were objecting to development of the site. MOTION MADE BY SCOTT, SECONDED BY FITZGERALD, TO~aeJJm APPROVE THE PRELIMINARY PLAT OF FOREST HILLS~a~ SUBJECT TO THE CONDITIONS SET FORTH BY THE PLANNING Fo~£ COMMISSION IN THEIR RESOLUTION 93-02. R$93-02 Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY SCOTT, SECONDED BY KEDROWSKI, TO APPROVE THE FINAL PLAT OF FOREST OAKS, FIRST~£~ ADDITION. Oab~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Prior Lake City Council Minutes May 17, 1993 MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE RESOLUTION 93-36 WHICH SETS FORTH THE R3 ITEMS TO BE COMPLETED PRIOR TO RELEASE OF, AND 93-36 RECORDING OF THE HARDSHELL FOR FOREST OAKS FIRST£or~£ ADDITION, INCLUDING THE TWO AMENDMENTS AS DISCUSSED 0~ BY COUNCIL Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 8:05 p.m. 8. Continued Public Hearinq on Forest Oaks and Forest Circle First Addition, Sewer and Water Project and~-o~t Resolution 93-29 Mayor Andren called the Continued 0~ Public Hearing to Order at 9:05 p.m. CL2c_~e Assistant City Engineer Loney summarized details of the project for a sanitary sewer, watermain, storm sewer and street improvement on Forest Circle and within the development area, to be financed by the City and assessed to the benefited property owners. Mrs. Lukk reiterated her concerns regarding the development. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE , TO RS 93-29 APPROVE RESOLUTION 93-29 ORDERING IMPROVEMENTS AND£o~~ PREPARATION OF PLANS ON FOREST CIRCLE AND FOREST 0~ OAKS FIRST ADDITION (PROJECT #93-13) Fo~£ Upon a vote taken, ayes by Andren, Fitzgerald, ¢~c2~ Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 9:20 p.m. Councilmember Kedrowski abstained from discussion on the next issue due to a possible conflict of interest. 9. Consider Approval of Fishing Pier Proposal For Sand Point Beach - Parks Director ~angan presented~i~ details of the proposed fishing pier. The Prior Lake Lions Club has agreed to pay half of ~he cost. The City will use $5000 from last year's L~ons Club~°~ donation bringing the total down to $11,500. Mangan recommended that the remaining $5,750 be taken from the Capital Park fund. A short discussion followed. Prior Lake City Council Minutes May 17, 1993 MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE LIONS CLUB REQUEST AND SPLIT THE REMAINING COST OF A FISHING PIER FOR SAND POINT BEACH AND AUTHORIZE THE EXPENDITURE OF $5,750 FROM THE CAPITAL PARK FUND. Upon a vote taken, ayes by Andren, Fitzgerald, Po~ Scott and White, the motion carried. Kedrowski abstained. 9:00 p.m.10. Conduct Public Hearing to Consider Approval of Preliminary and Final Plat of Lakefront Woods and~~o~ Resolution 93-37 Mayor Andren called the public Woo~ hearing to order at 9:20 p.m. and read the notice ~a~. as it appeared in the Prior Lake American on~ Monday, May 3 and May 10. Assistant Planner Garross addressed the Council and presented an area plan and pictures of the subject site. Ms. Garross also discussed the rationale of the Wetland mitigation which is in compliance with the 1989 Wetland Act. It was noted that all assessments on the property have been ~aid to date. Discussion occurred regarding the ~ncreased wetland area due to encroachment of drainage water. The following residents expressed their objections and concerns: Jim O'Keef 15546 Lakeview Cir. Oliver Hannen 15745 Ridgemont Avenue Randy Geister 4795 Rutledge Street Ron and Barbara Edwards 15990 Ridgemont Renee Larson 4775 Rutledge Street Mark Schroder 4806 Rutledge Mike and Carol Abbott 4893 Rutledge Ms. Garross noted that Pat Lynch, DNR Hydrologist, reviewed the area and had no objections to the subdivision variances or mitigation plan as proposed. Ms. Garross also pointed out a letter from an adjacent property owner, Dave Camper, who is opposed to the subdivision and submitted pictures of the proposed construction site taken by a resident. Assistant Engineer Loney, gave a brief history of the complexities involved with the wetland issue of this property . Public Works Director Anderson explained the city's drainage system projects which will result in better water quality in the holding ponds. Planning Director Graser addressed the ordinance allowing lake access through an association. Further Council discussion occurred regarding safety signs along Rutledge during Prior Lake City Council Minutes May 17, 1993 11. Consider Approval of Preliminary Plat for Hidden Hi6tf~ View and Resolution 93-33- Jim Hayes presented a map of subject site and discussed details of thew~ proposal and the six contingency items aspae~/m recommended by the Planning Commission. He~ reviewed objections voiced by the public which 93-33 were: lots too small, traffic and safety issue, location of pond, design not workable, street design not consistent with the area. Ray Brandt, Argus Development - presented an updated drawing of the plat design showing drainage into the pond. Discussion occurred regarding access to the three outlots. Mr. and Mrs. Ray Brandt addressed the audience regarding the outlot and their options for later development. Further Council discussion occurred. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE TO RS 93-33 APPROVE RESOLUTION 93-33 SETTING FORTH CONDITIONS FOR THE PRELIMINARY PLAT OF HIDDEN VIEW AS AMENDED DELETING THE TWO DASHED LINES ON THE PROPOSED OUTLOT, AND CLARIFICATION OF ITEM 6 STATING THAT THE OUTLOT IS TO BE DESIGNATED AS A LOT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 11:20 p.m. 12. Consider Approval of Preliminary Plat for Westbur¥ ~e~£b~ Ponds and Resolution 93-34 Setting Forth ~o~/~ Conditions - Planner Graser presented details of~a~m the plat and briefly discussed the City's actions ~ prior to rezoning of the property to amend the comprehensive plan. Graser also showed a conceptual replat of the area indicating a park facility along with a second site for a school. Discussion occurred regarding distance of the trails from the nearest homes along the park area. Mr. Graser noted that the City will require a Letter of Understanding from the School District to accompany the Preliminary Plat. Discussion occurred regarding eyebrow cul-de-sacs, berming, berm height and low maintenance ground cover on the berm. Prior Lake City Council Minutes May 17, 1993 construction, the condition of Rut 1 edge, and alternate access to Lakefront Park. Council discussion occurred regarding the concerns expressed by the residents, trail sites, the ability of the City to control views, ponding on Fishpolnt and requested that a stipulation be added to Resolution 93-37 Item 5 - that the developer agree to ~ay the cost of the wetland mitigation prior to issuance of a grading permit. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO ~e~o~ APPROVE THE PRELIMINARY PLAT SUBJECT TO THE EIGHT CONDITIONS OUTLINED IN THE STAFF REPORT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT TO APPROVE THE FINAL PLAT OF LAKE FRONT WOODS. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION BY KEDROWSKI, SECONDED BY FITZGERALD TO GRANT A TEN FOOT FRONT YARD VARIANCE AS PROPOSED~~°~ FOR LOTS 4, 5 & 6 ON THE FINAL PLAT OF LAKE FRONT~°°d~ WOODS. g~zd V~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, RS 93-3? TO APPROVE RESOLUTION 93-37 SETTING FORTH THE ITEMS H~A~2/ TO BE COMPLETED PRIOR TO RELEASE OF THE HARD SHELL L~e~o~ AS AMENDED FOR ITEMS 5 (CLARIFYING PAYMENT BY THE DEVELOPER) AND ITEM 13 (AS PROVIDED BY CITY~°°~ ORDINANCES) Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 10:55 p.m. Prior Lake City Council Minutes May 17, 1993 MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO W~£btt/t~ APPROVE RESOLUTION 93-34 ESTABLISHING FINDINGS OF ~oad~ FACT AND CONDITIONS TO APPROVAL OF THE PRELIMINARY~a~/m PLAT OF WESTBURY PONDS. ~1~ RSq3-3~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 13 . Other Business: a) b) City Manager Boyles reviewed his Council Update. City Manager Boyles discussed vacancies on Boards and Commissions. Council concurred that the past procedure of advertising the positions in the Prior Lake American. C. Councilmember Fitzgerald announced he will be gone during the June 21, 1993 Council meeting. de Discussion occurred on the Watzl's Point issue. Council concurred that it should be brought to a close soon. The next Council meeting will be Monday, June 7 , 1993 at 7:30 p.m. There being no further business, the me et, gr~~'~ adj ~rne,,,, d at 12:10 p.m. by general consent of the Cou~l. ?~,~ Recording Secretary