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HomeMy WebLinkAboutAgenda & Minutes ~"7) JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP 5:00 - 7:15 P.M. REGULAR COUNCIL MEETING AGENDA October 2, 1995 1. CALL TO ORDER............~............................................................7:30 P.M. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES A Consider Approval of September 19, 1995 Special Meeting Minutes. 4. CONSENT AGENDA A. Consider Approval of Invoices to be Paid B. Consider Approval of Agreement Between the Mdewakanton Dakota Community and the City of Prior Lake to Install Civil Defense Sirens. C. Consider Approval of Renewal of Agreement to Provide Services With the Prior Lake-Spring Lake Watershed D. Consider Approval of Planning Commission's Recommendation to Appoint Dick Kuykendall as Chair of the Planning Commission. E. Consider Approval of Election Judge Appointments for 1995 General Election. . 5. PRESENTATIONS: 6. PUBLIC HEARINGS A. Continuation of Assessment Hearing on Ridgemont Avenue Street Improvements, Project 95-01 and Consider Approval of Resolution 95- 90 Authorizing the Assessment Roll 16200 ~filJ.~~~Q<8.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY' EMPLOYER T B. Public Informational Hearing on Shady Beach 2nd Addition, Watersedge Trail/Glendale Avenue and Cove Avenue Lake Accesses 7. OLD BUSINESS: 8. NEW BUSINESS: A. Consider Approval of Resolution 95-104 for Administrative Land Division 4230 Quaker Trail With Variances for Pat Hayes B. Consider Application for Administrative Land Division with Variances for Thomas J. Sylvester, 4031 Roanoke. C. Consider Appeal of Variances for Ron Ceminsky 5239 Brooks Circle Southeast. D. Consider Approval of Joint Powers Agreement for Temporary Sewer and Water Extension to Cates Oak Island Additions in Savage. E. Provide Direction to Planning Staff Regarding the Preparation of a Tree Preservation Ordinance. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT AG l0295I.DOC September 18, 1995 MINUTES OF THE PRIOR LAKE CITY COUNCIL September 18, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, September 18, 1995 at 7:30 P.M. Present were: Mayor Andren, Councilmembers, Kedrowski, and Schenck, City Manager Boyles, Public Works Director Anderson, Engineering Technician Evens, Parks Director Hokeness, Planning Director Rye, Attorney Kessel and Recording Secretary Birch. Councilmember Greenfield was absent, and Councilmember Scott arrived at 9:00 P.M. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES. MOTION BY KEDROWSKI SECOND BY SCHENCK, TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Kedrowski, and Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Animal Warden Report. B. Consider Approval of Building Permit Report. C. Consider Approval of Fire and Rescue Report. D. Consider Approval of Invoices to be Paid. E. Consider Approval of Treasurer's Report. F. Consider Approval of Resolution 95-93 Amending Preliminary Plat for Wilderness Ponds. G. Consider Approval of Resolution 95-94 Authorizing Final Plat for Wilderness Ponds. H. Consider Approval of Change Order #2 ,Project 95-01 for Ridgemont Avenue Street Improvements 1. Consider Approval of Joint Assessment Agreement Between the City of Prior Lake and the County of Scott. J. Consider Approval of Resolution 95-99 Authorizing Minor Amendment to the Preliminary Plat of Carriage Hills 4th Addition. 16200 ~~Terereek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY' EMPLOYER Minutes of the Prior Lake City Council September 18, 1995 K. Consider Resolution 95-100 Approving Final Plat and Developer's Agreement for W oodridge Estates Third Addition. Mayor Andren requested that item G) be removed for later discussion. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE THE CONSENT AGENDA ITEMS A THRU K WITH THE EXCEPTION OFJ. Upon a vote taken, ayes by Andren, Kedrowski and Schenck, the motion carried. 5. PRESENTATIONS: None 6. PUBLIC HEARINGS: A. Conduct Assessment Hearing on Creekside Circle Street Improvement Project 95-02 and Consider Approval of Resolution 95-89 - Mayor Andren called the public hearing to order at 7:45 p.m. and read the notice as it appeared in the Prior Lake American on September 2, 1995, and explained the procedure to be followed for the hearing. City Manager Boyles stated that the reason for the hearing was to consider approval of the assessment roll associated with this project, and explained the appeal process to the residents. Director of Public Works, Larry Anderson, presented a comparison of costs between this project and previous street projects, and stated that the project costs cannot exceed costs to be assessed. Mr. Anderson also discussed the method of payment, interest rates, and other pertinent information. There were no comments or written objections from the audience. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 95-89 ADOPTING ASSESSMENTS FOR CREEKSIDE CIRCLE STREET IMPROVEMENT PROJECT 95-02. Upon a vote taken, ayes by Andren, Kedrowski, and Schenck, the motion carried. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Kedrowski, and Schenck, the motion carried. M91895 DOC 2 Minutes of the Prior Lake City Council September 18, 1995 B. Conduct Assessment Hearing on Ridgemont Avenue Street Improvement, Project 95-01 and Consider Approval of Resolution 95-90 Mayor Andren called the public hearing to order at 8:35 P.M. by reading the notice as it appeared in the Prior Lake American on September 2, 1995, and explained the procedures to be used during the hearing process. City Manager Boyles explained the appeal process and stated that the City is paying a large portion of the assessment amount for the street, water and sewer project, and that the residents are not being assessed for the sidewalk construction which is being funded through Minnesota State Aid System. The meeting was then opened for audience comment. The following residents addressed the Council: Todd Bauman, 15645 Ridgemont Avenue, stated that he was speaking on behalf of all nine residents and requested that the record reflect the written appeal which had been signed by all nine residents and given to the Mayor. Mr. Bauman compared Prior Lake's policy for road reconstruction assessment with the cities of Chaska, Shakopee, Eagan, Lakeville and Apple Valley, and commented on the condition of the road due to heavy traffic use. He suggested that the other 150 home owners who are using the street to access their homes should also be charged an approximate amount of $300 per home. He and others who spoke expressed concern with regard to the fact that there is only one entrance and exit to their area and urged Council to plan for an additional ingress/egress as soon as possible. Frank Muelken, 15685 Fishpoint Road, spoke on behalf of Margaret Hannen who has an Application for Deferment of Special Assessments and noted her objections to the assessments as well. Johnna Bauman also spoke in favor of another road into the area. Mayor Andren asked if anyone else wished to speak on the issue. There were no further comments. Mayor Andren had questions regarding the Assessment Policy and the fact that the sewer and water assessments (according to the Assessment Policy) should be spread over a twenty year period instead of the ten year period recommended by staff. Extensive discussion occurred regarding the Assessment Policy and its application to this project. Councilmembers expressed support for the 60/40 assessment formula for road reconstruction on the basis of equity for previous projects. Council instructed staff to look into the issue of the sewer and water assessment repayment schedule for the six parcels and 60/40 versus 100% street assessment for certain lots and bring back for Council consideration. MOTION BY ANDREN, SECOND BY SCOTT, TO TABLE THE PUBLIC HEARING TO THE OCTOBER 2,1995 COUNCIL MEETING AT 7:35 P.M. M9189S.DOC 3 Minutes of the Prior Lake City Council September 18, 1995 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. MOTION BY ANDREN, SECOND BY SCOTT, TO CONTINUE THE PUBLIC HEARING UNTIL OCTOBER 2, 1995, AT 7:35 P.M. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Councilmembers confirmed for the public that a Request for Proposal for the proposed Master Plan for Lakefront Park is to address the use of Ridgemont Avenue as the primary access for the park. If the Kop parcel can be acquired, the main access to the park could be relocated to the T.H.13/Main Street intersection. Public Works Director Anderson added that at present one or more parcels would have to be acquired and houses demolished if a second access is to be provided to this area. A short recess was called The meeting reconvened at 9:55 P.M. C. Public Hearing to Consider Approval of Resolution 95-91 Authorizing Vacation of Easements on Lots 1, 2, & 3, Block 2 Second Addition to Westbury Ponds Mayor Andren called the public hearing to order at 8: lOP .M., City Manager Boyles stated that this action is considered a "house keeping" item and is the logical conclusion of the Fairview Clinic Project which requires the easement vacation . MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 95-91 PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS 1, 2 AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Kedrowski, and Schenck, the motion carried. M9189S.DOC 4 Minutes of the Prior Lake City Council September 18, 1995 7. OLD BUSINESS: A. Consider Approval of Resolution 95-95 Accepting Feasibility Study for Utilities on CSAH 42 and 21 and Resolution 95-96 Authorizing Preparation of Plans and Specs for Utilities on CSAH 42 and 21. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 95-95 ACCEPTING THE FEASIBILITY STUDY FOR UTILITIES ON CSAH 21 AND CSAH 42 AND RESOLUTION 95-96 AUTHORIZING MSA ENGINEERS TO PREPARE THE PLANS AND SPECIFICATIONS FOR UTILITIES ON CSAH 21 AND 42. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. B. Consider Approval of Resolution 95-92 Awarding of Bids for Public WorkslParks Maintenance Building. City Manager Boyles stated that the bids (which Council had authorized) had been received and opened on September 8. No bids were received for Contract B which was for the Salt/Sand storage facility. Staff will have to resubmit another request for bid for this and complete a value engineering analysis regarding the tower option. Eleven bids were received and Rochon Corporation was the lowest bidder. The firm of Lovering - Johnson was protesting the bid award as they maintained that they were the low bidder. Jocelyn Knoll, attorney for Lovering-Johnson, presented the argument for their protest. Steve Lyndemann, attorney for Rochon Corporation, addressed the Council and stated that the City does have the discretion under its bid instruction and under Minnesota Law to waive any irregularities that appear in the bid form as long as the City determines it's in the City's best interest to do so. City Attorney Kessel was of the opinion that the award of the bid to Rochon Corporation as the most responsible bidder was in order and the selection process was in accordance with the State Statutes, as Rochon Corporation had backup sheets clearly substantiating that it was truly a deduct in accordance with the language in the bid form. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 95-92 ACCEPTING BID FOR PROJECT NO. 95-04 PUBLIC WORKS PARKS MAINTENANCE FACILITY Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. A short recess was called. M91895.DOC 5 '-~-~--'----'""'-"'-----,--'---'-'-~"--'._----'---------',-,....,...,...---- Minutes of the Prior Lake City Council September 18, 1995 The meeting reconvened at 10:15 p.m. C. Consider Approval of Resolution 95-98 Providing for the Sale of $2,200,000 G.O. Water and Sewer Revenue Bonds 1995. Steve Matson, of Juran and Moody, distributed a Cash Flow Analysis Chart for the Public W orks/Parks Maintenance Building $2.2 Million bond issue, and reviewed the interest rate, rating and timing of sale. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 95-98 PROVIDING FOR THE SALE OF $2,200,000 GENERAL OBLIGATION SEWER AND WATER BONDS OF 1995. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO SET MONDAY, OCTOBER 23 AT 5:30 P.M. AS A SPECIAL CITY COUNCIL MEETING DATE TO AWARD BID FOR THE $2.2 MILLION GENERAL OBLIGATION SEWER AND WATER BONDS FOR 1995. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. D. Consider Resolution 95-101 Approving Conditional Use Permit for Midwest Cablevision. Ron Haberkorn, President of Norex, Inc, submitted a written request to Council prior to the meeting stating that he had been trying to arrange a meeting with the Regional Manager of Midwest Cablevision in order to reach a mutually satisfactory agreement on the type of structure Midwest is proposing to build adjacent to Mr. Haberkorn's facility.. Tim Block representing Midwest Cablevision discussed the action they have taken to date and the reason for adding a building on the site. Council discussed the matter and concurred that the item should be tabled until such time that Mr. Haberkorn and a representative of Midwest Cablevision can meet with the Planning Staff to discuss a reasonable compromise. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO TABLE THIS ITEM UNTIL OCTOBER 2,1995 AT WHICH TIME STAFF SHOULD PLACE ON THE CONSENT AGENDA IF A COMPROMISE AGREEMENT HAS BEEN REACHED. M91895 DOC 6 Minutes of the Prior Lake City Council September 18, 1995 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. 8. NEW BUSINESS: 9. OTHER BUSINESS: A. Consent Agenda Item J - Consider Approval of Resolution 95-99 Authorizing Minor Amendment to the Preliminary Plat of Carriage Hills 4th Addition. On August 21, 1995 City Council approved a request by Warren Israelson of Progress Land Company to allow the final platting of Carriage Hills 4th Addition. The approval was contingent upon six conditions, one of which was: "The developer provide financial security, acceptable to the City Engineer, to provide for the future upgrade of Landau Lane to the Plat boundary." The Developer has attempted to purchase the southwest comer of the Vierling property to allow for the extension of Landau Lane, but the purchase attempts have been unsuccessful to date. Therefore, since the developer cannot provide infrastructure to the Outlot (3 lots) until the development of the Vierling parcel occurs, the developer is requesting the amendment be approved upon the contingent that a covenant being signed by the developer and filed at the county which will not allow transfer of the title of the Outlot until improvements to Landau Lane are made and accepted by the City. The developer will be required to reimburse the City for the cost of preparing and filing the covenant. Council discussed this amendment briefly to assure that the cost for street, sewer and water extension would be borne solely by the developer and not the taxpayer. MOTION BY ANDREN, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 95-99 PROVIDING FOR A MINOR AMENDMENT TO THE FINAL PLAT OF CARRIAGE HILLS 4TH ADDITION. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. Council (at Planning Director Rye's request) reconsidered Item 6C to insure that the proper majority required by State Statute was present for the vote. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO RECONSIDER ITEM 6C Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. M91895.DOC 7 --..----.--............._'"'~...,~--~._,....['.,~~.. ..~---.-....-...".....,~-~"""'"'-;.._- Minutes of the Prior Lake City Council M91895.DOC September 18, 1995 MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 95-91 AUTHORIZING VACATION OF EASEMENTS ON LOTS 1, 2, AND 3, BLOCK 2, SECOND ADDITION TO WESTBURY PONDS. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. . City Manager Boyles reviewed the September 15 Update with Council which included the following: . Discussion of the joint Planning Commission, City Council meeting on Monday, October 2 at 4:30 p.m. Councilmember Kedrowski requested that the meeting begin at 5:00 p.m. instead of 4:30. . Review of Candidates for Watershed Board Staff was requested to set up interviews for all candidates living within the city limits of Prior Lake. Once the interviews had been conducted Council would recommend appropriate appointments to Commissioner Underferth. . Business Development Committee letter from Wes Mader regarding the Subcommittee's objectives. Discussion occurred on the memorandum and Mayor Andren stated that she would be willing to send out personal letters but Council concurred that Roger Guenette should be the primary contact in dealing with potential residents of the Business Office Park. . City Manager Boyles reminded Councilmembers of the Special TIF Hearing on Tuesday, September 19. and also announced that Blair Tremere had been hired as Assistant City Manager and would begin his duties on Octo ber 2. . Discussion occurred regarding the League of Minnesota Cities and their action on sovereign nations and the Wyoming Resolution. The next LMC workshop will beheld on September 29. Council concurred that someone from the City should attend 8 Minutes of the Prior Lake City Council 10. ANNOUNCEMENTS/CORRESPONDENCE September 18, 1995 11. ADJOURNMENT There being no further business, the meeting adjourned a :50 P.M. The next regularly scheduled Council meeting will be on onday, October 2, 1995 at 7:30 P.M.. M91895.DOC 9 ..-----,-----..-.-. September 19, 1995 MINUTES OF THE PRIOR LAKE CITY COUNCIL Special Meeting September 19, 1995 CALL TO ORDER - Mayor Andren called the special meeting of the Common Council to order on Tuesday, September 19, 1995 at 5:30 P.M. in the Council Chambers. Present were: Mayor Andren, Councilmembers Kedrowski, Schenck and Scott, Roger Guenette of Advance Resources, and Recording Secretary Birch. Councilmember Greenfield was absent due to being out of town. PUBLIC HEARING - Consider Approval of Tax Increment Plan, Creation of Tax Increment Financing District 2-6, Resolution 95-102 and Approval of Developer's Agreement for NBC Products, Inc. - Mayor Andren called the public hearing to order at 5:30 p.m. Roger Guenette, Business Development Consultant for the City, presented an overview of the Tax Increment Financing Plan for District 2-6 for NBC Products, Inc. and introduced Tony Shanks, President of NBC Products, Inc., and Gene Happy Construction Manager. Mr. Guenette discussed the dimensions of the building, financing, and gave budget summary of the plan. Mr. Shanks complimented Council and Staff for the cooperation and speed in moving the process to a quick conclusion. A short recess was called for the purpose of making copies of the Agreement. The meeting reconvened at 5:50 P.M.. Roger Guenette reviewed the Developer's Agreement with Council. MOTION BY KEDROWSKI, SECOND BY SCOTT, TO APPROVE RESOLUTION 95-102 APPROVING TAX INCREMENT FINANCING DISTRICT 2-6 AND THE USE OF TAX INCREMENT FINANCING. Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. MOTION BY SCOTT, SECOND BY KEDROWSKI, TO ADJOURN THE PUBLIC HEARING. 16200 MglJ~2WA:Pe9~E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council September 19, 1995 Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the motion carried. next regularly scheduled Council meeting will b M91995SP.DOC ..._._._-_.._....__.....-~.....-----;.._. ---...~--~_....-