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Home My WebLink About060793 RegularMINUTES OF THE CITY COUNCIL Monday, June 7, 1993 7:30 p.m. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, June 7, 1993 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Fitzgerald, Kedrowski, Scott and White, City Manager Boyles, Assistant City Manager Kuhlmann, Planning Director Graser, Assistant Engineer Loney, Assistant Planner Garross, Parks and Recreation Director Mangan, Building Inspector Staber, Associate Planner Hayes, Acting City Attomey Rathke and Recording Secretary Birch. PLEDGE OF ALLEGIANCE. Mayor Andren led the Pledge of allegiance and welcomed everyone to the meeting. III CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - MOTION BY, FITZGERALD, SECONDED BY, KEDROWSKI, TO APPROVE THE MAY 17, 1993 MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. IV CONSENT AGENDA: A. Consider Approval of Invoices To Be Paid .~nvo.Lc~ B. Consider Approval of Resolutions 93-35 and 93-38 AuthofizingR$ ?3-35 & Premise Permits for Extra Innings Saloon and Hollywood Bar and Gdl138 Respectively. c. Consider Approval of Final Plat for Carriage Hills Second Addition Resolution 93-39. City Manager Boyles added the following item to the Consent Agenda3? with Council's permission: D. Consider Approval of a Temporary 3.2 Beer Ucense for Rainbow3.2 Systems Softball game on June 19 and 20, 1993. dicer~e Rainbow MOTION BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE$~/'d£~'a CONSENT AGENDA ITEMS (A) THRU (D) CoruJent Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowsld, Scott and White, the motion passed unanimously. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes June 7, 1993 V OLD BUSINESS A. Consider Approval of County Road 42 Improvement Plans, Specifications and Cooperative Agreement - Assistant Engineer Loney summarized details of the proposed Improvements and discussed the costs for the project. Loney noted that the Cooperative Agreement provides for a sharing of the concrete curb and gutter cost with Scott County. Loney also presented an area map Indicating the proposed CR 18 roadway north of CR 42, Discussion occurred on access to three properties adjacent to the proposed CR 18. Council agreed that this subject can be discussed in the future. MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE~$ ?3-4,3 RESOLUTION 93-43 RELATING TO PARKING RESTRICTIONS ON COUNTYp(z~z/~./.]zj/. STATE AID HIGHWAY 42. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and°r~ £~ 4,2 White, the motion passed unanimously. MOTION BY FITZGERALD, SECONDED BY: KEDROWSKI, TO APPROVEy~$ ?3-4`4` RESOLUTION 93-44 APPROVING PLANS FOR THE CSAH 42 P.ROJECT FRO.M. CS//// 4,2 1300 FEET WEST OF FERNDALE AVENUE TO HARBOR PLACE, RESOLUTIONs, -. 93-45 RELATING TO PARKING RESTRICTIONS ON COUNTY STATE AID~C~z~'n'.~' . HIGHWAY 18; AND, RESOLUTION 93-46 APPROVING PLANS FOR THE CSAH/~c'~'t~Lc'~°r~ 18 PROJECT FROM CSAH 42 TO 1/2 MILE NORTH. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION BY WHITE, SECOND BY FITZGERALD, TO AUTHORIZE ENGINEER TO SIGN THE PLANS. /~(z~o~z & Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and ER White, the motion passed unanimously. MOTION BY WHITE, SECONDED BY KEDROWSKI, TO AUTHORIZE THE//U'~h°~zZ3 MAYOR AND CITY MANAGER TO SIGN THE COOPERATIVE AGREEMENT. /~o~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and Coo/:,~..i..~,, White, the motion passed unanimously. MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO DIRECT STAFF TO INFORM THE COUNTY OF THE CITY'S APPROVAL OF THE PLANS RESOLUTION ON THE PROJECT, AND DIRECT STAFF TO NOTIFY THE/Vo.f.~c,4T?( COUNTY ENGINEER AND COUNTY BOARD OF COUNCIL'S CONCERNS WITH TO County. RESPECT TO ACCESS ISSUES ON THE PARCEL KNOWN AS THE VlERLING~(~: PARCEL TO CR 18, AND OF THE COUNCIL'S DESIRE TO REVIEW THE~.o/~ COUNTY'S STANDARDS IN RELATION TO THE VlERLING PARCEL IN THE EVENT THE PROPERTY IS DEVELOPED Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Prior Lake City Council Minutes June 7, 1993 B, Gl Consider Approval of Plans and Specifications and Ordering Advertisement for Bids on Ume Road and Center Road Street Improvement (Project 93-12) and the Pond Athletic Complex Road and Parking Lot Improvement (Project 93-14) - Resolution 93-41 - Assistant Engineer Loney presented details of the two projects and displayed a map of the proposed improvement areas (approved by the City Council on March 19, 1993). Loney reviewed the plans which indicated the Ponds athletic complex area and Lime and Center Roads with regard to parking, drainage and trails. Discussion occurred regarding the cost of the Pond's improvement project. Further discussion occurred regarding possible ways to reduce the cost. Council requested staff to research the possibility of cutting improvement cost on the project. Parks Director Mangan discussed ADA requirements which mandate access to the facilities in all parks. MOTION BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE RESOLUTION 93-41 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON LIME ROAD AND CENTER ROAD IMPROVEMENT (PROJECT 93-12) AND ON THE POND ATHLETIC COMPLEX ROAD AND PARKING LOT IMPROVEMENT (PROJECT 93-14) WITH THE PROVISION THAT THE BIDS BE SEPARATED OUT FOR REVIEW BY COUNCIL. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Consider Authorizing Temporary Building Inspector Position and Allocating Funding From the Contingency Fund - City Manager Boyles introduced the issue and noted that this item had been discussed at the Council's workshop in April regarding the need for a temporary building inspector position. Discussion occurred regarding the proposal, and the feasibility of using a private inspection firm. Building Inspector Staber reported that there are only two such firms in the metropolitan area, and that a cost savings would not be realized, plus it would result in fragmented supervision due to the firms being located across the river as well as the possibility of an inspector not being 'available upon request. Council members requested that the City Manager monitor the position in order to determine the need and length of time this position would be necessary. MOTION BY KEDROWSKI, SECONDED BY WHITE, TO AUTHORIZE THE HIRING OF A TEMPORARY BUILDING INSPECTOR POSITION FROM THE PERIOD OF JUNE I THRU DECEMBER, 1993 AT A COST NOT TO EXCEED $16,224 AND AUTHORIZED STAFF TO WITHDRAW THE SALARY FROM THE CONTINGENCY FUND. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Prior Lake City Council Minutes June 7, 1993 VI 8:05 p.m A. VII PUBLIC HEARINGS Conduct Public Hearing to Consider Amendment to Title 3, Section 3-1-15 Revising Hours of Sale for On-Sale and Off-Sale Intoxicating Uquor - Mayor Andren called the Public Hearing to order at 8:30 p.m. City Manager Boyles reviewed the two Issues under consideration. Ray Lemley addressed the Council with his request for the extension of 10:00 p.m. for Off-sale Intoxicating liquor and Sunday On-Sale hours to begin at 10:00 A.M. Mayor Andren discussed a survey of other cities she had recently taken regarding closing hours from Monday through Thursday for off-sale Intoxicating liquor. Kevln Bresnahnan, representing Dakota Uquors, and Junction Uquor addressed the Council to express their opposition to the proposed change. Tom Kowalski - Gateway Uquors, and Dick Casey, Viking Uquor, spoke in favor of the amendment. Discussion occurred regarding the proposed changes. Mayor Andren entered a letter from Mr. Bresnahan to the Council into the record regarding his opposition to the amendment. MOTION BY: KEDROWSKI, SECONDED BY: WHITE, TO ADOPT ORDINANCE 0~ 93-13 TITLE 3, SECTION 3-1-15 REVISING HOURS FOR ON-SALE OFF-SALE INTOXICATING LIQUOR. & 0~ Upon a vote taken, ayes by Andren, Fi~gerald, Kedmwski, S~ and ~o~ / ~ite, the motion passed unanimously. MORON BY: WH~E, SECONDED BY: SCO~ TO CLOSE ~E PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. NEW BUSINESS A, Consider Approval of Lease Agreement with Dwayne Amdt For V.F.W. V/--~ Parking Lot - Assistant City Manager Kuhlmann discussed cost and details of the lease. Discussion occurred regarding liability insurance, terms of the lease and insurance cost. Lea.~ MOTION BY KEDROWSKI, SECOND BY WHITE APPROVED THE ONE YEAR LEASE WITH THE PROVISION THAT THE INSURANCE POLICY HAVE A 30 DAY ADVANCE NOTICE CLAUSE IN THE EVENT OF CANCELLATION AND NOT TO EXCEED $4,000. Ms. Kuhlmann noted that the lease would be prorated for the year 1993 resulting in a six month lease and the lease would not exceed one year. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Prior Lake City Council Minutes June 7, 1993 B. Set Public Hearing Dates For the Following: De Gl Pulltabs Premise Permits - Title 3 Section 3-8-4 of the Prior Lake City Code - City Manager Boyles discussed the proposed amendment to the ordinance on premise permits. Weed Control - Title 8, Section 8 - 3 of th® Prior Lake City Code - City Manager Boyles discussed the use of prairie grass for landscaping and explained the proposed change. Tab Weed Con.~oi O~d. To Consider $1500 Contractors Deposit - Title 4, Section 9-1-4 of the Prior Lake City Code - City Manager Boyles explained the proposed revision which will cover a wide range of construction activities and the mason for this amendment. Con. t~ac. tor. Oepo~ MOTION BY: FITZGERALD, SECONDED BY: KEDROWSKI, TO SET A Da~e PUBLIC HEARING DATE FOR MONDAY, JUNE 21 AT 8:05 P.M. FOR PUBLIC DISCUSSION OF ORDINANCE 93439, 93-10 AND 93-11. Public Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, //~g Scott and White, the motion passed unanimously. Consider Approval of Allocation of Funds For Special Counsel Fees ,qdioca. tton For The Wilds and Indian Issues - City Manager Boyles briefly o~ discussed details of this item and reviewed the fees paid to date. ~r Spec~a. Discussion occurred regarding funding of Counsel fees and the current status of the contingency fund. Fee_~ ~or MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO AUTHORIZE AN (zr~ EXPENDITURE, NOT TO EXCEED $9,500.00 FOR AN ADDITIONAL FEES ASSOCIATED WiTH WILDS SPECIAL COUNSEL FEES, RECOGNIZING THAT THE DEVELOPER WILL BE RESPONSIBLE FOR AN ADDITIONAL $9,500.00 FOR A MAXIMUM TOTAL COST NOT TO EXCEED $60,000. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION BY FITZGERALD, SECONDED BY WHITE, AUTHORIZING PAYMENT NOT TO EXCEED $10,000 FOR SPECIAL COUNSEL SERVICES Paj/men~ ASSOCIATED WITH THE INDIAN ISSUES TO BE WITHDRAWN FROM THE £o CONTINGENCY ACCOUNT. S pecd. ai Coun~e~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Consider Approval Of Schematic and Preliminary PUD of Cardinalc~d~na~ Ridge (Resolution 93-40); Preliminary Plat (Resolution 92-47); andre Rezoning (Ordinance 93-17) - Planning Director Graser handed out an amendment to the minutes to reflect Commissioner Greenfield's dissenting opinion. Planner Graser presented a plat of the proposed area and stated that the Developer is requesting a five foot side yard -5- Pdor Lake City Council Minutes June 7, 1993 VIII variance for all. Discussion occurred regarding the smaller lot dimensions for the 46 lots, set back deviations to garages and tree clusters, trail system and cul-de-sacs. Councilmembers expressed concern regarding storm water and sanitary sewer easements. Rick Packer, representing the Sienna Corporation, explained the reasoning for tree clustering as opposed to spreading them throughout subdivision. Discussion occurred on berming along Fishpoint Road, notification of buyers who purchase land adjoining the proposed parkland, the overall five yard set back and the need for a master park plan. Another topic of discussion was the proposed Island in cul-de-sacs and who would be responsible for future maintenance of them, traffic on CR 4~. and future plans for signalization. MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE ,~$ 93-4,0 RESOLUTION 93-40 WITH AN AMENDMENT TO ITEM ~ WHICH SHOULD BE CHANGED TO READ "TO REDUCE THE SIDE YARD SETBACK FOR 46 BUlLDABLE LOTS (ONES SHADED IN ORANGE AS DEFINED ON EXHIBIT A, ITEM #6 ON THE PLAT MAP) TO BE NO LESS THAN FIVE FEET PROVIDED THERE IS FIFTEEN FEET BETWEEN HOUSES. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE~a.$ 9~-~7 RESOLUTION 93-47 PRELIMINARY PLAT ON THE CONTINGENCY THAT STREET LIGHTS BE PLACED SHOULD BE PLACED AT SHORT INTERVALS. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowsld, Scott and C~d~ White, the motion passed unanimously. Council directed staff to create a park and t~ail advisory plan on the cul-de-sacs, parks and trails. MOTION BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE ORDINANCEoy~ 93-17 93-17 AMENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND PRIOR LAKE,4m .... ,. ZONING ORDINANCE NO. 83-6 SECTION 2.1 CONTINGENT UPON REVIEW-, .er~:~z~9' AND APPROVAL BY THE CITY ATTORNEY ON THE ELIMINATION OF THE R-4/°rcu~ ZONING. Code Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. OTHER BUSINESS · Distribution of Draft 1994-1998 Capital Improvement Program (ClP) - City Manager Boyles announced that the CIP will be distributed at a later date. Councilmember Kedrowski Request for Lakefront Days Expenditure - 2oo Councilmember Kedrowski requested ap~,~oval to run a 200 am ~l~,p power line to the front lawn of City Hall at a ~;~ost approximately $3470. Discussion occurred on charging a per diem fee to organizationsO~zop connecting to the power. ~o~ Prior Lake City Council Minute~ June 7, lg93 IX X MOTION BY KEDROWSKI, SECONDED BY WHITE T° APPROVE'NOT TO EXCEED $3470 TO DROP AN ELECTRIC LINE. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowskl, Scott and VVhite, the motion passed unanimously. Councilmember Kedrowski suggested that Coundl look at the policy of Off-sale liquor in bars and consider adopting a policy to not allow bars to have off-sale liquor licenses (those presently in business would be grandfathered in, but new businesses could not purchase the license), A discussion also occurred on the need for a Uquor Review Committee, The following Issues regarding parks were discussed: expansion of parkland, maintenance of the parks, contracting the maintenance and the establishment of standards for park maintenance. Council dlrected staff to review these Items during the budgeting process, ANNOUNCEMENTS/CORRESPONDENCE City Manager Boyles announced that the Info/Expo would be held at the high school on September 20 and asked Council's direction as to the starting time for their Council meeting on that same date. Council concurred that the Council meeting should start at 8:00 p.m. and directed the City Manager to keep this in mind when preparing the agenda. City Manager Boyles announced that the Sandpoint Beach dedication to recognize the completion of the Uons Club's five year donations for upgrading of the park. The dedication will be held at 6:30 p.m. on Monday, June 21. Boyles also noted that there would be a reception for retiring Economic Development Committee members at the Hollywood Bar and Grill on Monday, June 21 at 5:30 p.m. ADJOURNMENT There being no further business, the meeting adjourned at 11:35 p.m. The next Council meeting will be Monday, June 21, 1993 at..7:30 p.m. Frank Bdyles ~ ci~ 'Manager , Dee Birch Recording Secretary -7-