HomeMy WebLinkAboutAgenda & Minutes
,
OPEN FORUM - 7:00 P.M.
(Scott Rice Telephone Company)
(Linda Wiecher)
REGULAR COUNCIL MEETING
AGENDA
August 21,1995
1. CALL TO 0 RD ER..................................!............................................ 7 :30 p.m.
2. PLEDGE OF ALLEGIANCE
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES.
4. CONSENT AGENDA:
a) Consider Approval of Invoices to be Paid.
b) Consider Approval of Animal Warden Report
c) Consider Approval of Building Permit Report
d) Consider Approval of Fire and Rescue Report
e) Consider Approval of Treasurer's Report
f) Consider Approval of Resolution 95-83 Authorizing Sale of One 1991 Ford
Ambulance
g) Consider Approval of Plans for 1995 Recycling/Clean Up Bridging Day ~
h) Consider Approval of Dance Studio Lease Agreement with Priordale Mall .
i) Consider Approval of the Sentencing to Serve Joint Powers Agreement With
Scott County
j) Consider Approval of Resolution 95-80 Approving Special Goose Hunting
Season for the Wilds
k) Consider Approval of Resolution 95-72 Approving Plans and Specifications
for 94-07, Upgrade Lift Station #3 and Authorize Advertisement for Bids.
I) Consider Approval of Change Order #4 for Fire Station #1.
m) Consider Approval of Resolution 95-81 for Final Plat and Developer's
Agreement for Carriage Hills 4th Addition
n) Consider approval of Resolution 95-82 for Waterfront Passage Second
Addition
A82195I.DOC
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPOR11JNITY EMPLOYER
'r
5. PRESENTATIONS:
None
6. PUBLIC HEARINGS:
None
7. OLD BUSINESS:
A. Consider Approval of Resolution 95-75 Awarding Bid for Purchase of
Capital Equipment.
B. Consider Approval of Resolution 95-67 Authorizing Issuance of $400,000
General Obligation Equipment Certificates of 1995.
C. Consider Approval of Ordinance 95-14 Amending the Zoning Ordinance
Permitting Accessory Buildings in the Business Office Park.
D. Consider approval of Resolutions relating to Ridgemont Avenue and
Creekside Circle Improvement Project:
1. 95-76 Establishing Assessment Hearing Date for Ridgemont Avenue.
2. 95-77 Establishing Assessment Hearing Date for Creekside Circle.
3. 95-78 Declaring Costs to be Assessed and Ordering Preparation of
Proposed Assessment for Project 95-01 Ridgemont Avenue Street
Improvements.
4. 95-79 Declaring Costs to be Assessed and Ordering Preparation of
Proposed Assessment for Project 95-02 Creekside Circle Street
Improvements.
8. NEW BUSINESS:
A. Consider Approval of 1996-2000 Capital Improvement Program.
9. OTHER BUSINESS:
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
A82195I.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
TO: The Mayor and City Council
FROM: Frank Boyles
DATE: August 16, 1995
SUBJECT: August 21, 1995 Prior Lake Forum
I am aware of two parties which are likely to be present at the August 21st
Forumto address the Council. The first is Bill Packer, representing the Scott
Rice Telephone Company. Mr. Packer will make a presentation to the
Council on the capabilities of their telephone system and its ability to
respond to current and future needs of Prior Lake customers.
Also present will be Linda Wiecher. Ms. Wiecher has submitted a number of
letters to the City Staff expressing concern about a fence erected by her
neighbors, Ms. Robbins and Mr. Davis. The fence, from Ms. Wiecher's
perspective, blocks her view of the lake and affects the drainage between the
two properties. Gary Staber has viewed the site and finds that the fence does
not appear to violate any City ordinances, nor does it seem to affect drainage.
Ms. Wiecher is adamant, however, in her requests for additional information
and in her desire to revise the City's fence ordinance.. I believe that will be
the substance of her recommendations to the City Council.
We have suggested that since this fence issue does not appear to violate the
City Code, that it might be most appropriate for her and her neighbors to
refer this matter to West Suburban Mediation Service in an effort to resolve
this disagreement without the City's participation. Attached is Ms. Wiecher's
most recent letter to the City on this subject.
Attachment
M,.EMCC816.DOC
1620u Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
O~ .- 1 ~ g:) J.:) . :.: ~
. :\OL1 wORK CO)!P ........- CITY PIU 1.1(0( L-\i\E
@uOJ.
Allooust 14, 1995
Faxed to 447-4245
~. Gary Staber, Building Official
MI. Frank Boyles, City Manager
City of Prior Lake
16200 Eagle Creek Ave SE
Prior Lake, -.rv1N' 55372
Dear 1vfr. Staber and :Mr. Boyles:
Toank you for the recent letter. It answered some of my questions but not al.L
I am looking forward to the engineering departments and pl::Inning depanments
response as well. I do object to the statement of using the city as an insrrument of
harassment against my neighbors. That is totally untrue and '\,vQuld like an
apology _ The neighbors and I do not agree, and we do not like each other that is a
given~ but there is no harassment on my paIL My questions and requests of the
city have been regarding valid complaints of drainage, utilities, easements,
variances, boulder wall and fence placement, with drainage being the most
important. As you know working as a civil servant is not an easy taSk somedays,
people can be demanding, but it is usually compounded by the fact the
bureaucracy is so frustrating due to several departments being involved and no
one wants to get involved to straighten it OUL I work for the State of Minnesota
and resolve disputes with Workers Compensation., not an easy task some days so I
can understand your frustration vvith being ovenvorked and not having enough
staffwhen it gets busy.
I have repeatedly voiced my concerns there is a drainage problem with the
DavislRobbins lot. For some reason Andv Va1dm~nlS needed to have Jav Scherer
J J
check the elevation ofms garage slab, and was required to place a boulder wall
from his main stTUcrure ail the way to the street to provide tor street drarnag e, due
to tlanother problem in the neighborhood." Well that tells me you can ask that of
.."'-ndy, but not my neighbors. The Shoreland Management ordinance does not
allow bulldozing of a bank. for the oVlners convience either, but that o~('Lri\7.J aL~o.
Furthermore 11cKnight told the ovroers the bulldozing of the bank was their
baby, as was the drainage toward the lake, according to their forman. :tv1r. Mldt:
.>~ >>" >.'_.'''>>>>.''.''..>'.'>.'----,--_.
O~'lJ,~5 15:29
:\.OLI wORK CO)lP ~....-,. cITY PRIOR LiKL
14l0lj~
\vanted the owners to keep the boathouse structure and put a nice deck on the
top, but the ovroers wanted a ramp. Pat Lynch stated the D~"R did not required any
of the Structures by the lake to be moved., I find this all rather strange.
Over the P~L three years I have felt like a woman trying to point these things out
with not much of a response~ and with the more unsettling ieeling that people
with connections get special treatment with the city. The recent newspaper
article OIl the erosion of variance granting was also unsettling. I agree things
need a case by case basis examin~tion, but people should not be given the freedom
to develop a lot any which way they choose when it is to the detrimental effect of
the adjacent property owners. I have happily lived on Prior Lake for over 15 years.
Nfy position is that my home is siruated on the lot the same way it \vas whtn my
neighbors purchased the propeny. They need to conform. their designs in a way
that is not detrimental to my property, that is just common sense.
I am. encou..-raged the City has recommended the West Suburban ~'fed.iation Center
to try and resolve these issues. As a taxpayer if disputes can be resolved before
they get to expensive litigation I am all for it. I would like to recommend however
the city staff and counsel avoid the posture of appearing to CO\.vtOVl to tJ.1c
influential in the community, and when granting variances take special
consideration of existing adjacent homeowners concerns.
I will be discussing the current fence ordinance with the city counsel to
recommend it be amended to among other things not block the lake shore view of
adjacent property owners. Other lake communities have this in their ordinances.
Sincerely,
~uJ~
Linda Wiecher
5455 Shore Trail NE
Prior Lake, Mn 55372
445-3391
cc: Prior Lake City Counsel
MINUTES OF THE PRIOR LAKE CITY COUNCIL
August 7, 1995
1. CALL TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Monday, August 7, 1995 at 7:30 p.m. in the Council
Chambers. Present were: Mayor Andren, Councilmembers Greenfield,
Kedrowski, Schenck and Scott, City Manager Boyles, Public Works
Director Anderson, Planning Director Rye, Assistant City Engineer
Wingard, Assistant Planner Garross, Parks Director Hokeness, City
Attorney Rathke and Recording Secretary Birch.
2. PLEDGE OF ALLEGIANCE - Mayor Andren led the pledge of
allegiance and welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF PREVIOUS COUNCIL MEETING
MINUTES.
MOTION BY SCOTT, SECOND BY GREENFIELD TO APPROVE
THE MINUTES AS SUBMITTED.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and
Scott, the motion carried.
CONSIDER APPROVAL OF SPECIAL COUNCIL MEETING -
Councilmember Greenfield noted that it should have indicated that he
was out of town.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE
THE MINUTES OF THE SPECIAL MEETING.
Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the
motion carried. Councilmember Greenfield abstained.
4. CONSENT AGENDA:
a) Consider Approval of Resolution 95-74 Authorizing a Minor
Amendment to the Preliminary Plat for W oodridge Estates.
b) Consider Approval of Resolution 95-71 Approving Plans and
Specifications and Ordering Advertisement for Bids for Project 95-04
Public Works/Parks Maintenance Facility.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Minutes of the Prior Lake City Council
August 7, 1995
c) Consider Approval of Resolution 95-69 Approving a Conditional Use
Permit to Allow a Public Building in the I-I Business Park District.
d) Consider Approval of Ordinance 95-10 Amending City Code Title 3,
Chapter 12 of the Outdoor Concert Ordinance.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI TO
APPROVE THE CONSENT AGENDA ITEMS (a) thru (d).
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
5. PRESENTATIONS:
None
6. PUBLIC HEARINGS: 7:45 P.M.
A. Public Hearing to Consider Approval of Resolution 95-63 Authorizing
Vacation of "Waterfront" Platted Within Sunset Shores Public hearing
was called to order at 7:45 p.m. Mayor Andren called the public
hearing to order at 7:45 p.m. Assistant Planner Garross presented an
overhead and discussed details of the request by the applicant, James
Senstad and Colleen Monyihan to vacate property originally dedicated
to the public in 1931 when Sunset Shore was originally platted.
Neither the DNR or public utility companies have indicated any
objections.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO ADOPT
RESOLUTION 95-63 APPROVING THE VACATION OF
WATERFRONT LOCATED ADJACENT TO LOT 6 AND 7,
SUNSET SHORES.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
MOTION BY KEDROWSKI, SECOND BY SCOTT, TO ADJOURN
THE PUBLIC HEARING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
M80795C.DOC
2
Minutes of the Prior Lake City Council
August 7, 1995
B. Public Informational Meeting for Fairbanks Trail and Pine Road
Public Accesses. The purpose of this informational hearing is to
determine if the City Council desires to classify the Fairbanks Trail
and Pine Road public accesses as recommended by the Lake Advisory
Committee. Water Resources Coordinator, Lani Leichty, began the
discussion with Fairbanks Trail. The description of "vacate" with
regard to these two accesses is: The City would release its right to use
or control property for a designated purpose. Vacate the property after
research has been done to ensure no property will be landlocked, and a
petition to vacate has been received. Mr. Leichty reported on
Fairbanks Trail location. Mr. Leichty presented an overhead of the
area and stated that the LAC recommended that the 30 ft. of
waterfront be vacated, but that a drainage easement for overland
drainage flow be retained. There was no objection from the audience.
MOTION BY GREENFIELD, SECOND BY SCOTT TO ACCEPT
STAFF'S RECOMMENDATION.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
The next access under discussion was Pine Road. The Lake Advisory
Committee has recommended that the last 30 feet of roadway be
vacated with the retention of a drainage easement. The following
persons had questions or comments pertaining to the vacation
Dennis Braddock, 5267 Shore Trail, representing his mother Mary
Braddock, questioned as to whether the property would revert back to
the property owners. The answer was yes.
Robert Johnson, 14535 Pine Road, had questions pertaining to the
vacation.
Harlan Anderson, 5325 Shore Trail, also had questions regarding the
vacation and requested clarification.
Mayor Andren made it clear that the city is vacating all interest in the
last 30 feet of the road with the exception of a drainage easement and
that the street would continue to be plowed.
M80795C.DOC
3
Minutes of the Prior Lake City Council
August 7, 1995
MOTION BY GREENFIELD, SECOND BY KEDROWSKI TO
RELEASE THE PINE ROAD PUBLIC EASEMENT FOR THE
LAST 30 FEET WITH THE EXCEPTION OF THE DRAINAGE
EASEMENT.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
7. OLD BUSINESS:
A. Consider Approval of Resolution 95-66 Approving Plans and
Specifications for CSAH 18 and approval of the Cooperative Agreement
With Scott County and Resolution 95-67 Authorizing Restrictions for
Parking on CSAH 18. -Public Works Director, Larry Anderson,
discussed the proposed plans for CR 18 which included access, trail
and sidewalk development and landscaping plans.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
APPROVE RESOLUTIONS 95-66 AND 95-67 APPROVING
PLANS AND SPECIFICATIONS FOR CSAH 18, APPROVING
THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY
AND AUTHORIZING PARKING RESTRICTIONS.
8. NEW BUSINESS:
A. Discuss Issues with Respect to Adult Uses - City Manager Boyles
stated that the purpose for this item was to provide safeguards for the
city by implementing a moratorium until such time that the issue had
been thoroughly researched for the purpose of upgrading the city's
ordinance to be in compliance with State Statutes. A short discussion
occurred.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
PREPARE AN INTERIM ORDINANCE PROHIBITING THE
ESTABLISHMENT OF ADULT USES AND TO CONDUCT A
STUDY AND DEVELOP A RECOMMENDED ORDINANCE
AMENDMENT REGULATING ADULT USES WITHIN THE
MORATORIUM PERIOD OF 1WELVE MONTHS.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
M80795C.DOC
4
Minutes of the Prior Lake City Council
August 7, 1995
B. Consider Approval of Preliminary County Road 21 and CSAH 42
Improvements Plans and Authorization for MSA to Prepare Feasibility
Report for Utilities Along County Road 21 and CSAH 42 - Larry
Anderson discussed the improvement plans and reviewed a detailed
map showing the proposed construction which included access points
along County Road 21, the provision for keeping traffic open along
most of the road and other details pertaining to the construction. Dan
Jobe, Engineer for Scott County, addressed several issues. The
following residents expressed concern and had questions regarding the
projects:
Darcy Kline, 14950 Timberglade Circle had questions regarding the
width of the road and the width of the expansion on the east side.
Walter Jobst, 15990 Martinson Island Road expressed appreciation for
the plans.
Anderson then discussed the County Road 42 improvement plans
which included land use, access, trails, relocation of the sanitary
sewer on the north side by McKenna Road and other details. He also
discussed a frontage road request which will not be included on the
north side of CSAH 42.
Dan Klamm, 4130 140th Street, requested that a service road be
installed between C.R.21 and Pike Lake Trail so that he would not
have to deal with the right in, right out restriction with his 50 foot long
truck. Carl Hanson, 4365 Raspberry Ridge Road, questioned the need
for a bike trail.
Scott Markley, expressed concern about the suggestion to install a
service road due to the wetlands adjacent to the roadway. -
MOTION BY SCOTT, SECOND BY GREENFIELD, TO
APPROVE THE CONCEPT PLANS AS SUBMITTED.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
AUTHORIZE MSA CONSULTING ENGINEERS TO PREPARE A
M80795C.DOC
5
Minutes of the Prior Lake City Council
August 7, 1995
FEASIBILITY STUDY FOR CSAH 21 AND COUNTY ROAD 42
UTILITIES.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
C. Consider Approval of Ordinance 95-12 Amending City Code Section
10-4-3 (C) Discharge of Firearms to Allow a Special Metropolitan Goose
Hunting Season - City Manager Boyles discussed the provision in State
Statues regarding a special hunting season for Geese. Councilmember
Schenck inquired as to whether the city could incur any liabilities as a
result of approving this ordinance. Attorney Rathke stated that there
had been no past cases where cities incurred liability for such an
ordinance.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
ADOPT ORDINANCE 95-12 AMENDING SECTION 10-4-3(C) OF
THE PRIOR LAKE CITY CODE.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
A short recess was called.
The meeting reconvened at 9:15 p.m.
D. Consider Approval of Resolution 95- 70 Authorizing Amending Zoning
Ordinance to Require City Action Within 60 Days of Application - On
July 1, 1995, Article 18 of Chapter 248, Session Laws of 1995 entitled
"Deadline for Agency Action" became law. The act established a 60
day time limit for "agencies", including cities, to approve or deny any
"written" request relating to zoning, septic systems or expansion of the
metropolitan urban service area," Planner Don Rye, briefly discussed
this law. This Resolution would give staff criteria to ensure that all
applications were handled as required.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
APPROVE RESOLUTION 95-70 ESTABLISHING A MINIMUM
REQUIREMENT FOR ACCEPTING WRITTEN REQUESTS
RELATING TO ZONING.
M80795C.DOC
6
Minutes of the Prior Lake City Council
August 7, 1995
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
E. Consider Appeal of Variances for McKnight and Associates - 4660 Lords
Street - Mayor Andren reviewed the material included in the packet
and stated that the Council had reviewed the material and if anything
not included should be brought to their attention then this meeting
was the time to do it. Planning Director Rye provided an overview of
the issue and reviewed the Planning Commission's decision on the
variance request and discussed the letters from the DNR - supporting
the denial of the request or at least against the 20 feet setback and
33% impervious surface area and stated Council's alternatives which
included: (1) Support decision of P.C. of 20 ft setback, and 33%
impervious. surface. (2) Support the appeal - and grant 30 ft. setback
and require no more than 30% impervious surface coverage. (3)
Approve some other level of variance. Extensive discussion occurred
regarding the setbacks, location of the home on the lot, the
configuration of the lot, impervious surface coverage and what it
included and other issues
Walter Jobst - 11510 Martinsons Island Road, voiced concern
regarding the variances and consistency of action with regard to
setbacks and impervious surface coverage. Mr. Jobst requested that
his letter and the letter from Pat Lynch of the DNR be entered into the
record.
Bill Packer - 4633 Lords Street, addressed the Council with regard to
his concerns.
Further discussion occurred regarding variances which had been
issued previously, size of the home, and the possibility of restricting
the type of home to be built on the lot, relationships to size of house to
size of lot, the criteria used to give variances, definition of hardship,
and how much house is reasonable on a lot of this size.
Bud Waund - 15196 Edgewater Circle, spoke as a representative of the
builder, McKnight and Associates.
A short discussion occurred regarding Mr. Waund's comments.
MB0795C.DOC
7
Minutes of the Prior Lake City Council
August 7, 1995
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO
REAFFIRM THE PLANNING COMMISSION'S DECISION TO
ALLOW A FRONT YARD SETBACK ON THE EAST OF 17 FEET,
A 20 FOOT VARIANCE ON THE NORTH, A LAKESHORE
SETBACK OF 20 FEET AND AN IMPERVIOUS SURFACE
COVERAGE OF 32.9% AND THAT EROSION CONTROL BE
IMPLEMENTED ON THE SHORE SIDE OF THE PROPERTY
AT TIME OF THE PERMIT, SUBJECT TO DNR APPROVAL.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
9. OTHER BUSINESS:
Ridgemont Circle - City Manager Boyles distributed a memo from
MSA to Hentges Construction. Tom Roushar of MSA Consulting
explained the problems during the construction. Extensive discussion
occurred regarding the contractor's ability to correct the problems.
Mayor Andren discussed a letter which Council had received regarding
complaints from a citizen in the area. Discussion occurred regarding
cost of the project. City Manager Boyles requested that the attorney
identify what additional steps should be taken to define this contractor
as not responsible for future projects.
Council discussed the action taken recently by the Scott County
Commissioners in denying the funding of $7500 for the School Liaison
Officer, and directed staff to send a letter expressing the Council's
disappointment in their lack of support for this project.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI,
DIRECTING STAFF TO DRAFT A LETTER TO THE SCOTT
COUNTY BOARD OF COMMISSIONERS EXPRESSING THE
COUNCIL'S DISAPPOINTMENT ON THEIR ACTION IN
DROPPING THEIR PAYMENT OF $7500 AS THEIR SHARE OF
THE SCHOOL LIAISON OFFICER FOR 1995.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
M80795C.DOC
8
Minutes of the Prior Lake City Council
August 7, 1995
MOTION BY KEDROWSKI, SECOND BY SCOTT TO ADJOURN
THE MEETING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
MOTION BY KEDROWSKI, SECOND BY SCOTT TO ADJOURN
THE MEETING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
The meeting adjourned at 11:00 p.m.
Recording Secretary
MB0795C.DOC
9