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HomeMy WebLinkAbout090892 RegularES MINUTES OF THE CITY COUNCIL September 8, 1992 The Common Council of the City of Prior Lake met in regular session on Tuesday, September 8, 1992 at 7:30 p.m. in the city Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Scott, White, and Kedrowski, city Manager Unmacht, Assistant City Manager Schmudlac~, Director of Finance Teschner, Director of Planning Graser, Director of Public Works Anderson, Assistant City Engineer Loney, Assistant City Planner Garross, Associate Planner Lucast, City Attorney Kessel and Recording Secretary Jaspers. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the August 17, 1992 Council meeting were reviewed by Council. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE AUGUST 17, 1992 COUNCIL MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Scott and Kedrowski, the motion carried. CouncilmemberWhite abstained from voting due to the fact that he had been absent during the August 17, 1992 meeting. The next order of business was approval of the Consent Agenda items (a) thru (f). Councilmember Fitzgerald requested that items (c), (e) and (f) be pulled from the Consent Agenda for discussion and clarification. a) Consider Approval of Invoices To Be Paid b) Consider Approval of Outdoor Concert Ordinance 92-08 OR g2-08 c) Consider Approval of Preliminary Budget Resolution 92-24 RS 92 2~ d) Consider Approval of Equipment Purchase for Blood ~oo~- Pathogen Exposure e) Consider Approval of Waiving Fee for Yacht Club Outdoor 0~foo~ Concert Permit ¢o~c. f) Consider Approval of Agreement Between the City of Prior Lake and Advance Resources for Development Inc. ' MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE CONSENT AGENDA ITEMS (a), (b) and (d). Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, White, and Scott, the motion passed unanimously. The next order of business was: Presentation of Certificate of Appreciation to Mary Ellen Wells. City Manager Unmacht introduced Mary Ellen Wells and reviewed her contribution to 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 September 8, 1992 Planning Commission over the past 4 years. Mayor Andren presented a Certificate of Appreciation to Ms. Wells and on behalf of the City Council thanked her for her contribution. Ms Wells expressed thanks and appreciation for the opportunity t~ serve on the Planning Commission. The next order of business was: Public Hearing on Drainage and Utility Easement Vacation for Vik Konters - Resolution 92-26. ~/ RS 92-2 The Public Hearing was called to order at 7:40 p.m. by Mayor Andren. Associate Planner Lucast presented an overhead of the Kon~ area and explained the details of the vacation. A short discussion followed. Vik Konters was present and explained his request. MOTION BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE RESOLUTION R3 92-26 92-26 PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENT WITHIN THE PLAT OF JEFFERSON'S FIRST ADDITION. & Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, White, and Scott, the motion passed unanimously. MOTION BY SCOTT, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING. Upon a vote taken ayes by Andren, Fitzgerald, Kedrowski, White, and Scott, the motion passed unanimously. The next order of business was: Consider Rezoning and Comprehensive Plan Amendment Application from Jim Allen (Westbury Ponds). Robert Smith from Smith Land Planning Consultants, Inc., representing the applicant, presented overheads and details of the Rezoning and Comprehensive Plan Amendment application. Smith stated that the applicant has been working with staff regarding concerns and issues raised by the citizens and Planning Commission members at the Planning Commission hearing. Assistant City Planner Garross explained the process the Comprehensive Plan Amendment, Rezoning application and concept site plan/preliminary plat consideration will be going through. Garross presented background on the applications, discussed issues in the staff report and presented the Planning Commission recommendation. The following individuals addressed t~e Council on drainage issues, traffic concerns and spoke in favor of the Rezone and Com?rehensive Plan Amendment: Donald Ramm, 16811 Willow Lane, Chris Johnson, 3784 Pershing Street and Tom Schneider, 16840 Elm Avenue. A letter from Violet Anderson, 3975 Pershing Street was read into the record voicing her concern over the location of the ~roposed park in the northern.part of the concept plat. Council input followed with discussion on the Comprehensive Plan Amendment and Rezoning Application, the proposed changes in land use, traffic, park%ng and the public hearing notice relative to the rezoning application. Based on procedural and public notice requirements, it was agreed by the Council and applicant that any action on the rezone application should occur after further public notice and hearing. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE Comp COMPREHENSIVE PLAN AMENDMENT FOR WESTBURY PONDS FROM R-3 MEDIUM~I~ DENSITY TO R-1 LOW DENSITY, AND THE B-3 GENERAL BUSINESS TO R-l~m~dm~ LOW DENSITY. Minutes of the Prior Lake City Council September 8, 1992 Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, White, and Scott, the motion passed unanimously. MOTION BY WHITE, SECONDED BY SCOTT, TO TABLE THE REZONING R~$oa33%~ APPLICATION FOR WESTBURY PONDS TO THE OCTOBER 5, 1992 CITY Ap~~o COUNCIL MEETING. ~£- bu~ ~nd~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, White, and Scott, the motion passed unanimously. At this time a recess was called. The meeting was reconvened at 9:30 p.m. The next order of business was: Presentation From Marianne Whiting on Zoning Code Recommendations. Marianne Whi~in~ stated Code that a group of residents have been meeting and reviewing the Prior Lake Zoning Ordinance with respect to minimum lot size requirements. In addition, their review has involved certain additional aspects of the Subdivision and Zoning Ordinance. Ms. Whiting presented a set of recommendations and requested the Council to set a Workshop date to discuss the recommendations. Discussion followed with the Council. The general consensus of the Council was to establish a Workshop with the group to be scheduled for October 12, 1992 at 6:30 p.m. No future action occurred. The next order of business was: Consider Second Draft of Term Limit Policy. City Manager Unmacht reviewed the background of this item and introduced the revised policy. The major change from the initial draft is the institution of a three term limit (6 years) as opposed to a two term limit (4 years). Discussion occurred on the implementation plan for staggering the expired terms of appointed commission/committee members and the rationale for a term limit policy. City Attorney Kessel reported that state law does not allow for the City Council to adopt term limits for locally elected officials. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE SECOND DRAFT OF THE TERM LIMIT POLICY WITH THE UNDERSTANDING THAT TERMS BE STAGGERED FOR THE APPLICABLE COMMITTEE/COMMISSION MEMBERS ACCORDING TO STAFF RECOMMENDATION OUTLINED DURING THE DISCUSSION. Upon a vote taken, ayes by Andren, Kedrowski, Scott, White, nay by Fitzgerald. The motion carried. The next order of business was: Consider First Draft of Proposed ~c~p~ Landscape Ordinance 92-10. Greg Kopischke of Westwood Planning 0~~c~ and Development has been working with city Planner Graser to g2-~O develop a Landscape Ordinance. Mr. Kopischke presented highlights of the Ordinance to the Council. Discussion followed by the Council on the purpose of the ordinance and the best process to follow to review the document. Council was encouraged to seek input on the ordinance from the private sector. Staff was directed to place the ordinance on the September 21 meeting agenda for further discussion. Minutes of the Prior Lake City Council September 8, 1992 At this time a recess was called. The meeting was reconvened at 10:40 p.m. The next order of business was: Update on The Wilds Golf Course Development. City Manager Unmacht gave an update on The Wilds ~ol~ project. The deadline for EAW comments was originally scheduled for September 2, 1992, but due to its complexity and outstanding issues, an extension to September 24, 1992 was granted. The Metropolitan Community Development Committee of the Metropolitan Council will consider and approve their EAW comments on September 21 and the Full Council will take action on September 24, 1992. The legal counsel for this project is recommended to be the firm of Larkin, Hoffman, Daly and Lindgren, LTD. Firm representative Bob Hoffman is working on the contract document with the understanding that the City would be reimbursed 50% of our expenses by the developer. The contractual agreements will be presented to the Council at the next meeting. A Comprehensive Plan Amendment issue will be addressed at the first Council meeting-in October. This action will address our Comprehensive Plan adopted in the early 1980's dealing with the NW quadrant (Wilds location). The Metropolitan Council is requesting that to facilitate our EAW, a textual amendment occur outlining new land uses in this area. The Planning Commission will hold a public hearing on this amendment on September 17. City Manager Unmacht announced the television cable program "Inside City Hall" will feature Dick Burtness on September 17 and 24. The program will air at 7:30 p.m. The next order of business was: Consider First Draft of 1993-97 Capital Improvement Program. City Manager Unmacht and Finance¢S~ Director Teschner presented overheads, introduced the format and 1g~3-~? document, highlighted the 1993 construction schedule, summarized the 1994-1997 schedule of projects, and requested review of material by Councilmembers prior to the next Council meeting on September 21. Discussion followed by the Council. Staff was directed to place this item on the September 21 Council Agenda for further action. The next order of business was: Consider Revised Street Collector Fee Proposal. City Manager Unmacht explained the proposed MSAS projects in the draft CIP total approximately $3.4 million dollars. The City's fee revenue sources fall approximately $870,000 short of funding these projects. Assistant City Engineer Loney explained that a collector street fee proposal was presented to the Council first on February 18, 1992, and again at the September 3 Workshop. Loney presented the Council with four alternative revenue mixes which would implement the street collector fee. Extensive discussion followed by the Council. Staff was directed to place this item on the September 21 agenda for further discussion. At this time Consent Agenda item 3(e) was discussed: Consider gac~ Approval of Waiving Fee For Yacht Club Outdoor Concert Permit. The Yacht Club applied for an Outdoor Concert Permit Concert 4 Fee Minutes of the Prior Lake City Council September 8, 1992 September 12, 1992 from 7:30 to 9:30 p.m. on the Yacht Club Island. The permit was approved by City Manager Unmacht and the Police Department. The request for fee waiver is consistent with Section 3-12-4 D of the Prior Lake City Ordinance. Jody Stroh was present to answer any questions. Discussion followed by the Council on the meaning and interpretation of this clause in the ordinance. MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO WAIVE THE FEE FOR Waive AN OUTDOOR CONCERT PERMIT FOR THE YACHT CLUB TO BE HELD ON 0~t dooa SEPTEMBER 12, 1992. Cot%ce~z~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, White, and Scott, the motion passed unanimously. At this time Fire Department representatives A1 Borchardt and Kenny Klingberg were present to present bid specifications for the rescue and pumper truck. Fire officials requested Council approval for the $500,000 fire fighting equipment so they can & establish a bid opening date of September 29, 1992 at 10:00 a.m. ~o~ MOTION BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE FIRE DEPARTMENT EQUIPMENT SPECIFICATIONS AND ESTABLISH A BID OPENING Dept. FOR SEPTEMBER 29, 1992 AT 10:00 A.M. & Bid Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, White, and Scott, the motion passed unanimously. At this time Consent Agenda item 3(c) was discussed: Consider Approval of Preliminary Budget Resolution 92-24. City Manager Pa~m Unmacht and Finance Director Teschner presented overheads on range of property tax levy increases and their proposed impact on RS g2-2~ City taxes for various market values of housing. Discussion followed by the Council with regard to the appropriate preliminary budget amount and preliminary property tax levy. MOTION BY FITZGERALD TO APPROVE RESOLUTION 92-24 INCORPORATING AN RS ~2-2~ 8.3% LEVY INCREASE. T~x Motion died due to lack of second. Discussion followed by Council on the purpose of Resolution 92-24. Discussion occurred on the new budget process, the impact of the various property tax levies and the possibility of state mandated levy limits in the future. MOTION BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE RESOLUTION RS ~2-2~ 92-24 INCORPORATING A 10% PRELIMINARY LEVY INCREASE. Upon a vote taken, ayes by Andren, Kedrowski, White, and Scott. Nay by Fitzgerald. The motion carried. At this time Consent Agenda item 3(f) was discussed: Consider Approval of Agreement Between the City of Prior Lake and Advance Resources for Development Inc. Councilmember Fitzgerald asked for a clarification on specific language. Assistant City Manager Schmudlach reviewed the contract and stated the intent was that Advance would be compensated for their work in two Minutes of the Prior Lake City Council September 8, 1992 installments. Discussion followed by the Council. Councilmember Fitzgerald felt an hourly rate should also be included in the agreement. The Council asked that this item be put on the Consent Agenda for action on September 21. Topics discussed under Other Business were as follows: -- Mayor Andren requested the Council to consider a Resolution as recommended by the City of Burnsville. Andren stated that a new report from Minneapolis residents to MNDOT Commissioner James Denn recommends that no additional lanes be added to 1-35W; instead it proposes to add light rail from downtown Minneapolis to Burnsville Center. A resolution is needed to encoura~eMNDOT to support an "interim third lane" on 1-35W. Discussion occurred. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE RESOLUTION R3 g2-27 92-27 SUPPORTING THE INTERIM THIRD LANE PROJECT FOR 1-35W. ~-35W Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, White, and Scott, the motion passed unanimously. -- Regional Breakfast Meeting: Metropolitan Council September 14 in Scott County area. Those attending from Prior Lake will be: Kedrowski, Unmacht, White and Scott. -- Info-Expo scheduled for September 21, 1992. This is the same night as the next Council meeting. Therefore City Manager Unmacht will adjust the Council schedule to provide for Info-Expo attendance. The next Council meeting will be Monday, September 21, 1992 at 7:30 p.m. There being no further business, the meeting adjourned at 12:06 a.m. by general consent of the Council. Manager Ange~ Jas~er~ Acting Rec6rding Secretary