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Home My WebLink About081693 RegularREGULAR COUNCIL MEETING AGENDA August 16, 1993 . . . . CALL TO ORDER ........................ 7:30 p.m. PLEDGE OF ALLEGIANCE CONSIDER APPROVAL OF MINUTES OF REGULAR MEETING AND SPECIAL MEETING OF JULY 28, 1993 CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Control Report c. Consider Approval of Building Report d. Consider Approval Fire and Rescue Report e. Consider Approval of Treasurer's Report f. Consider Approval of Contingency Fund Allocation for Final Payment to Larkin Hoffman Law Firm for Services Rendered on Indian Issues. PRESENTATIONS: A. Public Information Meeting Regarding Draft of 1994-1998 Capital Improvement Program. OLD BUSINESS A. Consider Approval of Resolution 93-70 Final Plat of Westbury Ponds. B, Consider Approval of Resolutions 93-68 and 93-69 Approving the Schematic and Preliminary PUD and Preliminary Plat of the First Addition to West Edge Estates. C Consider Approval of Resolution 93-61 Entering Into an Agreement With Southwest Metro Task Force and the State of Minnesota for Reimbursement Monies Through the Federal Anti-Drug Abuse Act of 1986. D. Consider Approval of Resolution 93-73 Awarding Bids for Project 93-15, Bituminous Sealcoating of Streets. E. Consider Authorizing Maier, Stewart and Associates to Prepare Plans and Specifications for a Water Booster Station for the Wilds Development. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 11 am em Consider Approval of Resolution 93-63, Awarding Bid for Project 93-13 (Forest Circle & Forest Oaks First Addition) and Project 93-06 (Pike Lake Trail Sanitary Sewer Extension). NEW BUSINESS A. Consider Approval of Resolution 93-71 Preliminary Plat of Jefferson's Second Addition and Resolution 93-72 for Final Plat of Jefferson's Addition. B. Consider approval of Two Year Joint Powers Agreement Extending City of Prior Lake Participation in the Sentencing To Service Program. OTHER BUSINESS A. Update on Senior Citizen's Plaza. ANNOUNCEMENTS/CORRESPONDENCE ADJOURNMENT* The Council will adjourn to an executive session to discuss pending litigation of Priorview Limited Partnership vs School District 719 and the City of Prior Lake. A81893.WRT MINUTES OF THE CITY COUNCIL Monday, August 16, 1993 . . . 4, CALL TO ORDER - Acting Mayor Kedrowski called the meeting of the Common Council to order on Monday, August 16, 1993 at 7:30 p.m. in the City Council Chambers. Present were: Acting Mayor Kedrowski, Councilmembers, Fitzgerald, and White, City Manager Boyles, Assistant City Manager Kuhlmann, Finance Director Teschner, Planning Director Graser, Public Works Director Anderson, Parks Director Mangan, Planning Intern Hayes and Recording Secretary Birch. Mayor Andren was absent due to being out of town, Councilmember Scott arrived at 7:34 p.m. PLEDGE OF ALLEGIANCE - Acting Mayor Kedrowski led the Pledge of allegiance and welcomed everyone to the meeting. Consider Approval of The Minutes of Special Meeting of July 28, 1993. MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE SPECIAL MEETING MINUTES OF JULY 28, 1993 AS AMENDED. Councilmember Scott noted that the minutes did not reflect her absence during the first motion, therefore, the vote indicating her as having voted was incorrect. MOTION BY FITZGERALD, SECONDED BY WHITE, TO AMEND THE PREVIOUS MOTION TO REFLECT THE CHANGE. Upon a vote taken, ayes by Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION BY WHITE, SECONDED BY FITZGERALD TO APPROVE THE REGULAR COUNCIL MINUTES AS SUBMITTED. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Control Report c. Consider Approval of Building Report d. Consider Approval of Fire and Rescue Report e. Consider Approval of Treasurer's Report f. Consider Approval of Contingency Fund Allocation for Final Payment to Larkin Hoffman Law Firm for Services Rendered on Indian Issues. ~rzvoic~ 009 Ca;tche,,~ E~tdo~. Re. pt. Co~9.enc!/ tto/t ~k~9 F~ 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQt.~ OPPORTUNITY EMPLOYER Prior Lake City Council Minutes August 16, 1993 Sm MOTION BY WHITE, SECONDED BY SCOTT, TO APPROVE THE CONSENT AGENDA ITEMS (a) thru (g). Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. PRESENTATIONS: Public Information Meeting Regarding Draft of 1994-1998 Capital Improvement Program. City Manager Boyles explained the process to be followed for public input and Council consideration, and gave a bdef overview of the Program and Executive Summary. Finance Director Teschner reviewed the proposed expenditures and anticipated revenue sources. Public Works Director Anderson reviewed County Road Projects which had been proposed during the County/Council workshop earlier this Spring. Anderson discussed each project and the timeframe as stated by the Scott County Engineering Department, and requested input from the Council regarding their priorities. Discussion occurred regarding various aspects of the proposed road projects. (Attorney Rathke arrived at 8:00 p.m.). Acting Mayor Kedrowski then opened the meeting for public comment on both the Capital Improvement Program and the proposed County Road improvement projects. The following residents addressed the Council regarding the County Road projects: Mannie Russo - 5384 161 Street. Opposed a four lane road for County Road 44. Donald Ramm, 16811 Willow Lane - Inquired about plans for connecting Willow Lane with Five Hawks Avenue. Acting Mayor Kedrowski closed the meeting to public comment at 8:35 p.m. Council then discussed the proposed plans for County Road 44 and expressed concern over the initial levy and property tax impact. After discussion, City Manager Boyles stated that the Capital Improvement Program would be placed on the September 7 Agenda for Council approval. OLD BUSINESS A. Consider Approval of Resolution 93-70 Final Plat of Westbury Ponds. Planning Director Graser presented details of the request and stated that City Attorney Glenn Kessel had examined the plat and other title work associated with the development and is confident all contingencies have been met in the agreement, subject to signing of developer's agreement by the Mayor and City Manager. Ron Swanson of Valley Surveying, representing the developer of Westbury Ponds, stated that all the required adjustments had been completed. ~ubiic ~eeting. -2- Prior Lake City Council Minutes August 16, 1993 B, MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE RESOLUTION 93-70 SETTING FORTH CONDITIONS TO BE MET PRIOR TO FILING OF FINAL PLAT FOR WESTBURY PONDS. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE DEVELOPERS AGREEMENT AND AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. Consider Approval of Resolutions 93-68 and 93-69 Approving the Schematic and Preliminary PUD and Preliminary Plat of the First Addition to West Edge Estates. Planning Director Graser reviewed the development proposal and displayed an architectural drawing of the proposed development. Graser discussed the proposed private street, access to Simpkins Circle and eventual closing of the access to the existing street on the west. Graser then read the motion passed by the Planning Commission requesting clarification of the R U.D. designation. Discussion occurred regarding private roads and their applicability to PUD's. Further discussion occurred regarding private streets connecting to public streets and return of pdvate streets to public ownership. Kedrowski expressed concern over a long term access from Highway 12 to the private road which amounts to a long driveway. Councilmembers did not believe this would be a problem. Attorney for the developer, Bryce Huemoeller, discussed the issues raised by Council, concerns of property owners, and road and irrigation requirements in proposed Resolution. The developer asked that Council waive the requirement for an irrigation system. Extensive discussion occurred regarding the private road and irrigation system requirements in both the first and second addition, access from Highway 12 across driveways, access from Simpkins Circle, and allowing developer and owners the flexibility to close off the private road between the first and second addition. MOTION BY FITZGERALD, SECOND BY SCOTT, TO ADOPT RESOLUTION 93-68 APPROVING SCHEMATIC AND PRELIMINARY P.U.D. PLAN FOR THE FIRST ADDITION TO WEST EDGE ESTATES. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE RESOLUTION 93-69 FOR THE PRELIMINARY PLAT OF THE FIRST ADDITION TO WEST EDGE ESTATES, AND ELIMINATING THE REFERENCE TO A TEMPORARY ACCESS (CONDITION 2) AND THE IRRIGATION SYSTEM (CONDITION 10). RS 93-7o Final Pia~ We~tbur~ ?Or~. Deve.~pe~,u~ Agreement ~e~£bur~ Pond ~5 93-68 and 93-69 PreJim&arg PUD & 5chv. ma~ ~or ~e~£ Edge & 93-68 Estate~ 93-6? Prior Lake City Council Minutes August 16, 1993 C D. Ee A short recess was called. The meeting reconvened at 9:35 p.m. Upon a vote taken, ayes by Fitzgerald, Scott and White, nay by Kedrowski. The motion carried. Consider Approval of Resolution 93-61 Entering Into an Agreement With Southwest Metro Task Force end the State of Minnesota for Reimbumement Monies Through the Federal Anti-Drug Abuse Act of 1986. City Manager Boyles introduced the subject and explained the purpose of the item. Police Chief Powell was present to answer any questions. A short discussion occurred regarding the scope of this coordinated effort. MOTION BY WHITE, SECONDED BY FITZGERALD, TO APPROVE RESOLUTION 93-61 ENTERING INTO AN AGREEMENT WITH SOUTHWEST METRO DRUG TASK FORCE AND THE STATE OF MINNESOTA FOR REIMBURSEMENT. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. Consider Approval of Resolution 93-73 Awarding Bids for Project 93-15, Bituminous Seelcoating of Streets. Public Works Director Anderson presented details of the bid tabulation and discussed the selection of Allied Blacktop Company as the Iow bidder at $119,662.50. MOTION BY FITZGERALD, SECONDED BY SCOTT TO APPROVE RESOLUTION 93-73 ACCEPTING BID FOR PROJECT 93-15, BITUMINOUS SEALCOATING OF STREETS. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. Consider Authorizing Meier, Stewart end Associates to Prepare Plans end Specifications for · Water Booster Station for the Wilds Development. Public Works Director Anderson discussed the purpose of the proposed separate water pressure system, and reviewed the three options available. Discussion occurred regarding the cost of the report, construction of the booster system and responsible party (the Wilds for which an escrow amount will be required as security). MOTION BY FITZGERALD, SECONDED BY WHITE, TO AUTHORIZE MAIER STEWART AND ASSOCIATES, INC. TO PREPARE PLANS AND SPECIFICATIONS FOR A WATER BOOSTER STATION FOR THE WILDS DEVELOPMENT WITH REIMBURSEMENT OF DESIGN COSTS NOT TO EXCEED $41,694.00 FROM PRIOR LAKE DEVELOPMENT WITH CONSTRUCTION COSTS OF THE BOOSTER STATION BEING INCORPORATED INTO THE DEVELOPER'S AGREEMENT. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. ~ 93-61 South~e~£ Metro Ta.~k Force ~or ~ O~ RS 93-61 ~etro Ta~k Force Agreement R5 93-73 R593-73 t~Ld t~or Seal Coating .Street,~ Boo~£er Station ~or /~aier gor Water l~oo~£er Station ~or Prior Lake City Council Minutes August 16, 1993 g Consider Approval of Resolution 93-63, Awarding Bid for Project 93-13 (Forest Circle & Forest Oaks First Addition) and Project 93-06 (Pike Lake Trail Sanitary Sewer Extension). Public Works Director Anderson discussed the circumstances contributing to the lack of response by contractors. Total bid was $187,787.00. A short discussion occurred. MOTION BY WHITE, SECONDED BY FITZGERALD, TO ADOPT RESOLUTION 93-63 ACCEPTING BID FOR PROJECT 93-13 (FOREST CIRCLE AND FOREST OAKS FIRST ADDITION IMPROVEMENT) AND PROJECT NO. 93-06, (PIKE LAKE TRAIL SANITARY SEWER EXTENSION IMPROVEMENT). Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. NEW BUSINESS A. Consider Approval of Resolution 93-71 Preliminary Plat of Jefferson's Second Addition and Resolution 93-72 for Final Plat of Jefferson's Addition. Jim Hayes, Planning Intern, presented details of the proposed plat for dividing an outlot into two single family lots, and discussed two major issues: grading Lot I to be consistent with Lot 2 and the lot coverage ratio. The following persons addressed the Council: Ron Swanson, Valley Surveying - expressed surprise about the grading requirements. Bill Burkhardt, 5361 Carriage Hill Road - expressed concern regarding the elevation of the proposed new home relative to his. Paul Madison, buyer of the property, discussed his plans for placing the garage at a lower elevation on the west side of the lot (approximately 18" above the street). Discussion occurred on the elevation and drainage provisions on the property. Staff concurred that the grading plan be reviewed and approved by staff at the time the building permit application is made. MOTION BY WHITE, SECONDED BY FITZGERALD, TO APPROVE RESOLUTION 93-71 APPROVING THE PRELIMINARY PLAT OF JEFFERSON'S SECOND ADDITION. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. MOTION BY WHITE, SECONDED BY SCOl'F, TO APPROVE RESOLUTION 93-72 SETTING FORTH CONDITIONS TO BE MET PRIOR TO FILING OF FINAL PLAT FOR JEFFERSON'S SECOND ADDITION AND ELIMINATING #7 OF THE CONDITIONS STATED. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. 93-63 ~d ~or Fo/te.~;tC.i. xe~e Fo~ 93-71 & 72 R5 93-71 ~qe~.ea~on RS 93-72 Co~or~ .or -5- Prior Lake City Council Minutes August 16, 1993 . . 10. Bo Consider approval of Two Year Joint Powers Agreement Extending City of Prior Lake Participation in the Sentencing To Service Program. City Manager Boyles gave a brief summary of the two year joint powers agreement and the City's participation in the program. A short recess was called at 10:55 p.m. to consult with the Attorney. The meeting reconvened at: 11:00 p.m. MOTION BY FITZGERALD, SECONDED BY SCOTT TO APPROVE THE JOINT POWERS AGREEMENT FOR 1994-1995 FOR THE SENTENCING TO SERVE PROGRAM. Upon a vote taken, ayes by Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. OTHER BUSINESS A. Update on Senior Citizen's Plaza. Assistant City Manager Kuhlmann reported that the Scott County Housing and Redevelopment has agreed to be the parcel owner with assistance from the City and civic organizations. Discussion occurred on the appraisal. Council directed staff to consider obtaining a new appraisal for the property and/or negotiate further with the current owner in hopes of achieving a more reasonable price. a. City Manager Boyles discussed pertinent information contained in his recent Update Memo of August 13. Council directed City Manager Boyles to draft a letter to the Metropolitan Council regarding the extension of dates to consider the Comprehensive Plan. New dates to be September 2 for Committee of The Whole and September 10 for the entire Council. ANNOUNCEMENTS/CORRESPONDENCE -- A short discussion occurred regarding the proposed bowling alley conversion. A discussion occurred regarding the manpower shortage in the Planning Department due to the illness of Deb Garross and Jim Hayes, Planning Intern, leaving on August 27. Planning Director Graser reported that a new Planning Intern would report to work on Wednesday, August 18. Council concurred that the Department should use consulting services to assist in the workload during this time. ADJOURNMENT* The Council adjourned to an executive session at 11:10 p.m. to discuss pending litigation of Priorview Limited Partnership vs School District 719 and the City of Prior Lake. Acting Mayor Kedrowski called the closed session to order at: 11:12 p.m. present were: Councilmembers Fitzgerald, Scott and White, Public Works Director Anderson, City Manager Boyles, Attorney Rathke and Recording Secretary Birch. Attorney Rathke gave a review of the litigation. A tape of the closed session is on file in the City Manager's office. S e.~ en.c~9 ;to Cd.t,L .,zen ~.t a ga -6- Prior Lake City Council Minutes August 16, 1993 The dosed session adjourned at 11:24 p.m. The next Council meeting will be Tuesday, September 7, 1993 at 7:30 p.m. ~ City/N~ ~ag~e r~ ~ · Recording Secretary M81693.WRT -7-