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HomeMy WebLinkAbout050492 RegularMINUTES OF THE CITY COUNCIL May 4, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, May 4, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, City Planner Graser, Associate Planner Lucast, City Attorney Kessel and Recording Secretary Birch. Parks Director Mangan arrived later in the evening. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the April 20, 1992 Council meeting were reviewed by Council. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE ~~~4 MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. The next order of business was approval of the Consent Agenda as Co~n~ follows: a) b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of Franchise Cable Ordinance 92-05 OR ~2-05 Consider Approval of First Quarter Budget Report B~d.R;~. Consider Approval of Recycling Grant Agreement With Scott County and Authorize 1992 Clean Up Day Program MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (d). Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. The next order of business was: Public Hearing to Consider Preliminary and Final Plat of Gensmer Second Addition. Mayor Andren called the public hearing to order at 7:40 p.m. and read the public notice as it appeared in the Prior Lake American on April 20 and 27, 1992. Associate Planner Lucast presented an overhead of the subject site and briefly described the topography and other characteristics relating to the plat. 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 May 4, 1992 Lucast stated that Scott County Registrar of Titles, Paul Wermerskirchen, has suggested changing the name of the plat to Bluff Heights 3rd Addition for ease of future title searches. Mayor Andren opened the meeting for comments from the audience. No one in the audience was present to speak on this application. A short discussion occurred and Council concurred with the name change of the plat. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE THE PRELIMINARY PLAT OF BLUFF HEIGHTS THIRD ADDITION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE FINAL PLAT OF BLUFF HEIGHTS THIRD ADDITION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Public Hearing to Consider Preliminary and Final Plat for Jefferson's First Addition. Mayor Andren called the public hearing to order at 7:45 p.m. and read the public notice as it appeared in the Prior Lake American on April 20 and 27, 1992. Ron Swanson, Surveyor for Valley Surveying Company, addressed the Council on behalf of the applicant, Harlan Anderson. Mr. Swanson briefly discussed details of the plat. Mayor Andren opened the meeting for comments from the audience. No one was present in the audience to speak on this application. MOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE PRELIMINARY PLAT FOR JEFFERSON'S FIRST ADDITION. THE I~Z:. Ada. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE FINAL PLAT FOR JEFFERSON'S FIRST ADDITION. ~~o~~ 1~£. Ada. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY SCOTT, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Minutes of the Prior Lake City Council May 4, 1992 The next order of business was: Consider Proposal of Little Six, Inc. to Rename Columbia Avenue to Mystic Lake Drive. Nickolas Kootsikas, Marketing and Sales Manager of Little Six Bingo, Inc, addressed the council with regard to their request to change the name of Columbia Avenue to Mystic Lake Drive from CR 42 to CR 82. Paul Taylor, 14385 Columbia Avenue, expressed his concerns to Council. Mayor Andren asked if anyone else in the audience had comments, there were none. Council discussed details of the request and noted that Little Six, Inc. will be responsible for the costs to reimburse each property owner on Columbia Avenue ($50.00){ and assume the cost for the approximately 10 street signs, in addition to two signs located on the signal light standards at the intersection of County Roads 42 and 83. A short discussion occurred. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE NAME CHANGE FROM COLUMBIA AVENUE TO MYSTIC LAKE DRIVE CONTINGENT UPON LITTLE SIX, INC REIMBURSING THE CITY FOR ALL COSTS ASSOCIATED WITH THE PURCHASE OF NEW SIGNS AND COSTS ASSOCIATED Ave WITH ADDRESS CHANGES OF AFFECTED PROPERTY OWNERS. ~he D~iv~ 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 8:15 p.m. The next order of business was: Conduct Equalization Hearing: Board of Review. Mayor Andren called the equalization hearing to order at 8:15 p.m., read the public notice as it appeared in the Prior Lake American on April 20 and 27, 1992, and welcomed the audience to the hearing. City Manager Unmacht introduced Leroy Arnoldi, Scott County Deputy Assessor. Mr. Arnoldi explained in detail the process used by the County when assessing property and discussed the tax capacity rate and requirements by the State. The following residents commented on their valuation: John Sweeney 16109 Northwood Road Kevin Bergstrom 16030 Eagle Creek Avenue Layton Kinney 14458 Shady Beach Trail NE Gene Wenner 3214 Butternut Circle Ernie Larson 6096 150th Street SE Ronald Ellingson 14316 Watersedge Trail NE George French 6082 150th Street Cathy Kinney for Eugene Carpenter 15005 Manitou Road Aline Chial 16061 Northwood Road Tom Mee 14957 Manitou Road Charles Pavlish 4262 140th Street Stanley Hannes 15464 Red Oak Road Evan Shadduck 4841 Beach Trail NE Minutes of the Prior Lake City Council May 4, 1992 Mr. Arnoldi stated that the City Council is the first step in the valuation appeal process and he would meet personally with anyone who wished to discuss their property valuation. Council concurred that Mr. Arnoldi would prepare his recommendation for all appeals and submit them to the Council within twenty days, and the Council will conduct a special meeting to consider Arnoldi's recommendation on Tuesday, May 26 at 7:30 p.m. in the Council Chambers of Prior Lake City Hall. The Council will accept, reject or accept in part, each recommendation. All persons who attended the public hearing will be n?tified of the meeting by mail as well as a notice being placed in the Prior Lake American A short recess was called. The meeting was reconvened at 10:05 p.m. The next order of business was: Public Hearing To Consider Preliminary Plat of Red Oaks Second Addition. Mayor Andren called the public hearing to order at 10:06 p.m. and read the public hearing notice as it appeared in the Prior Lake American on April 20 and 27, 1992. City Manager Unmacht introduced Bryce Huemoeller, legal representative for the applicant, Mike Benedict. Mr. Huemoeller presented details of the proposal and handed out a copy of a letter to the Council responding to the Planning Report regarding the preliminary plat of Red Oaks Second Addition. Ron Swanson, Valley Surveying Company, discussed the proposed roadway and other aspects of the property. Dan Reiland, builder and developer, expressed support regarding the pro~ect. City Planner Graser discussed details of the five varIances and reviewed the planning report. Pat Lynch of the DNR expressed concern over the proposed density and possible damage to shoreland areas. Mayor Andren submitted into the record a petition to deny application received from the neighboring property owners. Jim Pint, 15427 Steffan Circle, requested access be granted to his lot if the access is granted for the proposed subdivision Tom Watkins, a former Councilmember, discussed the history o~ Red Oaks, "land locked" lots and the vacation of Breezy Point Road at the request of Mr. Benedict. The applicant addressed the Council with regard to his intent when he requested the City to vacate the roadway. Extensive discussion occurred regarding deferred assessments, vacation of the roadway, private road requirements, density, the proposed plat, the variances required and whether or not the pond is part of the lake itself. MOTION MADE BY WHITE, SECONDED BY , TO TABLE THE REQUEST TO ALLOW THE APPLICANT AND THE NEIGHBORS TO MEET TO 2a~ ~n~. DISCUSS THE PLAT AND ATTEMPT TO REACH AN AGREEMENT. The motion died for lack of a second. Discussion occurred. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO TABLE UNTIL JUNE 15, AT 7:35 P.M. TO ENABLE THE APPLICANT TO HOLD A NEIGHBORHOOD MEETING AND FOR STAFF AND CONSULTING ENGINEER TO EVALUATE THE FEASIBILITY OF THE ROADWAY TO THE PROPERTY. Minutes of the Prior Lake City Council May 4, 1992 Upon a vote taken, ayes by Fitzgerald, and White, nays by Andren, Kedrowski and Scott. The motion failed. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO DENY THE D~ PRELIMINARY PLAT APPLICATION FOR RED OAKS SECOND ADDITION. Upon a vote taken, ayes by Andren, Kedrowski and Scott, nays by R~ 0~ Fitzgerald and White. The motion carried. No action on the Final Plat is required. A short recess was called. The meeting reconvened at 11:35 p.m. The next order of business was: Second Consideration of Eurasian Milfoil Ordinance 92-01· City Manager Unmacht recognized those persons who had worked on the ordinance: Jerry Meysembourg, Tom Watkins and Peter Patchin. The riparian policy notice was discussed briefly. Mayor Andren asked if anyone in the audience wanted to comment on the policy and ordinance. There were no comments from the audience. ~92-001 MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE E~i~ EURASIAN MILFOIL ORDINANCE 92-01. ~oi/ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. City Manager Unmacht commented that a Search Coordinator had been hired and all participants in the milfoil activities will begin their work soon. Mr. Unmacht also noted that a local access cable television program will be aired on the eurasian milfoil management and control activity. Council thanked the Lake Advisory Committee and others who had worked on creating the ordinance. The next order of business was: Consider Restrictive Covenant Agreement with Dave and Dorothy Watzl. Parks Director, Bill Mangan, presented details of the Agreement. Discussion occurred on whether the Agreement specified handicapped and pedestrian access. Council concurred that this provision should be added to the Agreement. Further discussion occurred on whether or not a warranty deed existed which identifies the access restrictions, lake access by deeded property owners, and the intent of past Council when they acquired the property. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO TABLE UNTIL TIME CERTAIN TO ADDRESS THE FOLLOWING ISSUES: . · ATTORNEY TO RESEARCH ISSUES AS DISCUSSED. CHANGE AGREEMENT TO SPELL OUT HANDICAPPED AND PEDESTRIANS ACCESS. RESEARCH DEEDED ACCESS AND SPECIFIC LOT OWNERS ELIGIBLE FOR THIS ACCESS. ~v~ & Dorothy Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Minutes of the Prior Lake City Council May 4, 1992 Topics discussed under Other Business: Due to the lateness of the evening, topics under Other Business were not discussed in detail. Short comments occurred on the following: -- Establish Public Hearing for On Sale Intoxicating Liquor License Fees - established as identified in the staff agenda report for Monday, June 1, 1992 at 8:00 p.m. -- Legislative Wrap Up Session - City Manager Unmacht stated that the meeting will be on May 13 in Minnetonka and anyone wishing to attend should confirm with Dee Birch. -- Presentation of Donor Catalog of Ideas - Councilmember Kedrowski noted that action on this item will be in June and requested that all comments and ideas be submitted as soon as possible. Staff will mail the document to the Council. Councilmember Kedrowski announced that the cost for printing the Donor Catalogs would be from $1000 to $2000. -- Update on Crown CoCo Variance Appeal. City Manager Unmacht stated that a revised application showing the canopy has not been received from Crown CoCo. Council concurred that the variance appeal should be on the May 18, 1992 agenda. CouncilmemberWhite stated that he would be withdrawing from discussion on the Crown CoCo issue due to personal conflict of interest. -- City Manager Unmacht stated that the AMM annual meeting is Wednesday, May 20. CouncilmemberWhite announced that he has been nominated for a second term on the AMM Board and that he has been appointed to the Minnesota Valley Clean Water Commission . -- City Manager Unmacht stated that the appraisal had been finished on the Business/Office Park and negotiations will begin on the land acquisition. -- A short discussion occurred on using a Board of Review Bo~xd consisting of one or two Councilmembers as liaison plus experienced real estate persons who can make judgments on valuation of property instead of asking the Council to make these decisions. City Manager Unmacht suggested it as something the Council might want to consider doing next year. -- Mayor Andren shared a parliamentary procedure point with regard to tabling. Tabling is not debatable, however, postponing until date certain is debatable. -- Mayor Andren read a copy of a petition she had received in the mail with regard to the proposed Carriage Hill development. -- Councilmember Fitzgerald discussed the abbreviated subdivision process where a variance is required. Fitzgerald suggested that in these cases the applicant should appear before the Planning Commission first. Staff was directed to research this request. Minutes of the Prior Lake City Council May 4, 1992 The next Council meeting will be Monday, May 18, p.m. 1992 at 7:30 There being no further business, the~meeting adjourned 1:00 a.m. by general consent of the CounCil. at Dee Birch Recording Secretary