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Home My WebLink About081792 RegularMINUTES OF THE CITY COUNCIL August 17, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, August 17, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald and Kedrowski, Assistant City Manager Schmudlach, Director of Planning Graser, Director of Public Works Anderson, Associate Planner Lucast, City Attorney Kessel and Recording Secretary Birch. CouncilmemberWhite was absent due to attending an AMM meeting. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the August 3, 1992 Council meeting were reviewed by Council. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE ~~ MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald and Kedrowski, the motion passed unanimously. Councilmember Scott arrived at 7:37 p.m. The next order of business was approval of the Consent Agenda items (a) thru (i). a) Consider Approval of Invoices To Be Paid b) Consider Approval of Animal Warden Report Dog c) Consider Approval of Building Permit Report B2~. d) Consider Approval of Fire and Rescue Report £~e & Rec. e) Consider Approval of Election Judge Appointment For Primary and General Elections f) Consider Approval of Scott County Assessment Agreement 3co,t;t. Cot~u g) Consider Plan Approval for Holly Circle Impoundment Structure - Resolution 92-25 h) Consider Approval of Cigarette License Application for O'Malley's On Main Cig. 0 i) Consider Approval of Treasurer's Report MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE ¢o~~ CONSENT AGENDA ITEMS (a) THRU (i). Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and Scott, the motion passed unanimously. The next order of business was: Consider Final Plat and Developers Agreement For Carriage Hills. Horst Graser discussed details pertainin~ to the plat and the Developer's compliance Dev. with eight contingencies required by Council as part of the ~. approval process of the Preliminary Plat on June 1, 1992. Graser also discussed the street collector fee included in the 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 August 17, 1992 Developer's Agreement which was negotiated with the developer at the initiation of the subdivision process. Extensive discussion occurred regarding the street collector fee of $700 per net acre and the provision contained in the Developer's Agreement whereby in the event that the City does not adopt a street collector fee by January 1, 1993, the $12,165.50 would be refunded to the developer. Public Works Director Anderson discussed the Storm Water Fee and additional charges for further trunk oversizing in future phases. Anderson stated that the final plat will not be released until contingencies have been met. Discussion occurred on the street collector fee policy and refund of charges should the street collector fee policy not be adopted. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE CARRIAGE HILLS SUBDIVISION FIRST ADDITION FINAL PLAT SUBJECT TO THE EIGHT CONTINGENCIES REQUIRED BY COUNCIL AND STAFF. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and Scott , the motion passed unanimously. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE DEVELOPER'S AGREEMENT. Dev. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and Scott , the motion passed unanimously. The next order of business was: Consider Feasibility Study for Lime Lime and Center Road - Resolution 92-23 or 92-24. Public Works & Director Larry Anderson stated that a petition was received to ¢~te~ prepare a Feasibility Report for the improvement of Center Road Road and a separate petition was received for the improvement of Lime RS92_23 Road. The purpose of this agenda item was for Council to review the requests and determine whether to order the preparation of a Feasibility Report. Staff has determined that an adequate petition for Center Road has been received, however Lime Road does not have the required signatures to meet the minimum 35% statutory requirement. Discussion occurred on holding an informational meeting to ascertain if there is support for a Feasibility Study. Council noted that these two roads are the last two unpaved roads remaining in that part of town. Council also discussed conducting an appraisal of the property before the ~ublic hearing in order to obtain an opinion on the degree of Increase in property value a paved road would provide. Anderson stated that the paving would be a 100% assessment to the property owners. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE R$92-23 RESOLUTION 92-23 DECLARING ADEQUACY OF THE CENTER ROAD PETITION Cen/e~ AND ORDERING THE PREPARATION OF THE FEASIBILITY REPORT FOR Road PROJECT NO. 92-13, CENTER ROAD AND LIME ROAD. &Lime Road Discussion occurred on the appraisal cost and Council concurred that an estimate was necessary and that the cost of the appraisal could be absorbed with the public hearing costs. Minutes of the Prior Lake City Council August 17, 1992 Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and Scott, the motion passed unanimously. The next order of business was: Conduct Findings on Variance Application of Bill and Kathleen Henning. Planning Director Horst Graser reviewed the directions given to staff by Council at the August 3, 1992 Council Meeting which was to prepare findings of fact on the variance application of Bill and Kathleen Henning. Graser then presented nine findings of fact relative to the application. Discussion occurred on the nine findings of fact and Council concurred that this variance was a unique situation and would not create a precedent. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE BILL AND KATHLEEN HENNING'S VARIANCE APPLICATION BASED ON THE FINDINGS OF FACT AS STATED IN THE STAFF REPORT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and Scott , the motion passed unanimously. The next order of business was: Second Consideration of Outdoor O~doo~ Concert Ordinance Amendments 92-08. Assistant City Manager Kay Conc~ Schmudlach distributed copies of the proposed ordinance O~d. amendments and noted that the time had been changed to reflect 92-08 the 12:30 A.M. closing on Sunday morning as opposed to the original closing time which had been 11:30 P.M. on Saturday night. A short discussion occurred on whether the issue of closing streets for a concert should be addressed. Council concurred that since there had been no problems in the past that this issue would be addressed on a case by case basis. Council directed staff to have the ordinance prepared in final form and placed on the Consent Agenda for action at the September 8 Council meeting. The next order of business was: First Consideration of Mineral ~ne~a/ Extraction Ordinance 92-09. Associate Planner Sam Lucast stated £x;t~aotion that the purpose of this Ordinance was to eliminate Mineral Ok92-Og Extraction as a Conditional Use in the A-1 and C-1 zoning districts in Prior Lake, and reviewed the results of research conducted by staff. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION TO ADOPT ORDINANCE 92-09, AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO. 83-06. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and Scott , the motion passed unanimously. Topics discussed under Other Business are as follows: -- Name for Business Office Park. Assistant City Manager Kay Schmudlach distributed a memorandum listing the names submitted for the new Business/Office Park, and requested that Council review the selection of names and contact staff by August 21 with any suggestions. Ms. Schmudlach also discussed signs for the Business/Office Park. Minutes of the Prior Lake City Council August 17, 1992 -- Assistant City Manager Kay Schmudlach distributed copies of the Planning Commission applications and announced that Tom Kedrowski, Lee Andren and Dave Unmacht would be reviewing the applications on Monday 24. -- Budget Workshop date is September 3, 1992 at 5:30 p.m. at City Hall. -- Mayor Andren read a letter she had received from the City Manager of Carver inviting Councilmembers and City staff to participate in their "Steamboat Days" festivities. -- Councilmember Tom Kedrowski discussed the Community Opportunity Catalog and invited all Councilmembers to participate in presenting the Catalog to service organizations and businesses. Discussion occurred on procedures and suggestions. -- City Planner Grase~ discussed the status of T.J's Tires and r.~.'~ Towlng. A short discussion occurred on compliance with the r~ City code and conditions to be met. The next Council meeting will be Tuesday, September 8, 1992 at 7:30 p.m. There being no further business, the meeting adjourned at 8:30 p.m. by general consent of the Council. D. Ka~ Schmud ~~~~ ~nager Recording Secretary