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RECEPTION FOR CHUCK ARNOLD
AND DAVE ROSETH
6:00 - 7:00 P.M.
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OPEN FORUM - 7:00 P.M.
REGULAR COUNCIL MEETING
AGENDA
October 16, 1995
1. CALL TO ORDER................................................................. 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 Control Report
C. Consider Approval of Building Permit Report
D. Consider Approval of Fire and Rescue Report
E. Consider Approval of Third Quarter Budget Report and Overview.
F. Consider Approval of Treasurer's Report
G. Consider Approval of Quarterly Investment Report
H. Consider Approval of Resolution 95-105 Denying Administrative
Land Division with Variances for Thomas J. Sylvester
1. Consider Approval of Resolution 95-107 Denying Appeal of Variances
to Ron Ceminsky.
J. Consider Approval of Assessment Deferment for Margaret Hannen's
two parcels - PIN 25-078-002-0 & 25-054-006-01, Project 95-01.
K. Consider Approval of Resolution 95-106 Approving Purchase of Two
1996 Ford Crown Victoria Squad Cars.
L. Consider Approval of Amendment #1 to the Developer's Agreement
with Progress Land Company for Carriage Hills 3rd Addition.
M. Consider Approval of Re-appointment of Advisory Body Members
whose Terms are Expiring.
N. Consider Approval of Amendment to Developer's Agreements for E.M.
Products and NBC Products, Inc.
16200 ~~Q~~kIJQP S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
T' .
5. PRESENTATIONS:
A. Presentation of Certificates of Appreciation to the following members
of the Planning Commission, Parks Advisory Committee and Lake
Advisory Committee who have recently resigned:
John Wingard
Chuck Arnold
Sam'Emond
Dave Roseth
6. PUBLIC HEARINGS - None
7. OLD BUSINESS:
A. Consider Approval of Resolution 95-103 Rejecting Bids for Lift
Station # III
8. NEW BUSINESS:
A. Consider Approval of Resolution 95-97 for Authorizing
Comprehensive Plan Amendment From Agricultural to Commercial,
a MUSA Expansion and Land Trade, and Ordinance 95-15
Authorizing a Zoning change from A-I to B-1 for Wilds North (RKB,
Inc) at the Southeast Corner of County Roads 42 and 83.
B. Consider Appeal of Buckingham Disposal from Ordinance
Interpretation..
C. Consider Approval of City Participation in the Livable Communities
Program.
D. Consider Approval of Action Plan for the T.H. 13 Corridor.
E. Consider Approval of Amendment to Section 5-7-6 of the Prior Lake
City Code and Prior Lake Sign Ordinance 94-06.
F. Consider Approval of Resolution 95-109 Eliminating Local
Government Aid/Homestead Agricultural Credit Aid Penalty for Tax
Increment Financing Districts.
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9. OTHER BUSINESS:
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
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of the Prior Lake City Council
October 2, 1995
MINUTES OF THE PRIOR LAKE CITY COUNCIL
October 2, 1995
1. CALL TO ORDER - Mayor Andren called the meeting of the .Common
Council to order on Monday, October 2, 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 Manager
Tremere, Assistant City Engineer Wingard, Engineering Tech Evens,
City Attorney Rathke and Recording Secretary Birch.
2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of
Allegiance and welcomed everyone to the meeting.
CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES -
Councilmember Scott questioned the time and placement which the
meeting reconvened as shown on page 4. The recording secretary was
directed to listen to the tape and make the proper time correction. Also
on page 4, paragraph 9, "Upon a vote taken, ayes by Andren, Kedrowski,
Schenck and Scott...." should be changed to reflect the absence of Scott
(she was not present during that portion of the meeting.
MOTION BY KEDROWSKI, SECOND BY SCOTT, TO APPROVE
THE SEPTEMBER 19 COUNCIL MINUTES AS AMENDED.
Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott, the
motion carried. Councilmember Greenfield abstained as he had been
absent at the last meeting.
A. Consider Approval of September 19, 1995 Special Meeting Minutes
MOTION BY KEDROWSKI, SECOND
APPROVE THE SPECIAL MEETING
SEPTEMBER 19 AS SUBMITTED.
BY SCOTT,
MINUTES
TO
OF
Upon a vote taken, ayes by Andren, Kedrowski, Schenck and Scott,
the motion carried. Councilmember Greenfield abstained as he had
been absent at the special meeting.
3. CONSENT AGENDA
16200 ~~~P.Qk. S.E.. Prior Lake. Minnesota 55392-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
1'"-'~
Minutes of the Prior Lake City Council
October 2, 1995
A. Consider Approval of Invoices to be Paid
B. Consider Approval of Agreement Between the Mdewakanton Dakota
Comm unity 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.
Councilmember Greenfield requested that item 4 (C) be removed for
discussion under "Presentations". Mayor Andren requested that item
4 (D) be removed for discussion under "Other Business".
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
APPROVE THE CONSENT AGENDA ITEMS A, B AND E.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
4. PRESENTATIONS:
A. Consider Approval of Renewal of Agreement to provide Services to
Watershed District. Watershed Board Chair, Dave Moran, was
questioned regarding the changes to the agreement. Mr. Moran
verified that the changes in the agreement were only those related to
statutory references. Mr. Moran also verified that there was no
change in any of the existing responsibilities of either the City or the
Watershed by adopting the updated agreement.
MOTION BY GREENFIELD, SECOND BY SCOTT, TO
APPROVE THE REVISED AGREEMENT AS SUBMITTED.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
5. 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. Mayor Andren called the
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Minutes of the Prior Lake City Council
October 2, 1995
continued public hearing to order at 7:45 p.m. City Manager Boyles
briefly reviewed the reason for the continuation. City Engineer
Anderson stated that the hearing had been continued to give staff
time to investigate the appropriateness of both the 100% street
assessment and 60/40% street assessment in the same project, and to
revise sewer and water assessments to 20 years instead of the
previous stated 10 years.
Mayor Andren asked if there was anyone who wished to speak on the
issue. She also stated that a petition to appeal had been received
which will be entered into the record. Nick Sotis, 15605 Ridgemont
Avenue, expressed concerns regarding the large amount of traffic
due to persons going to Lakefront Park. Mr. Sotis also expressed
concern over the increased speeds on Ridgemont Avenue and the
poor drainage. Mr. Anderson responded that the drainage problem
will be solved when the second layer of asphalt has been applied this
Spring. Mr. Boyles indicated that a master plan is to be done in the
next year to address the access to Lakefront Park. Shelia Brockhaus,
15655 Ridgemont Avenue, also expressed concern over the increased
speed and asked for speed bumps, signs or patrols to help reduce the
speeding. Larry Hafferman, 15831 Ridgemont Avenue, spoke in favor
of the 20 year assessment instead of ten years as previously
considered. Frank Muelken, 15685 Fishpoint Road, spoke on behalf
of Margaret Hannen, and requested that Council give her the same
consideration the other property owners were receiving and deferral
of the assessments. Mayor Andren gave a brief overview of the
Assessment Policy and discussed her decision to support the 60/40%
assessment for street overlay for all parcels, and commented on the
language of the Assessment Policy. She also commented on the need
for a revision to the Policy in order to have a document that is clear
and accurate in the definition of overlay, which at present is not
clearly stated. She also stated that is illegal to assess anyone not
receiving direct benefit from a street and that benefit does not mean
merely driving on a street, but the property assessed must be
adjacent to the street.. Councilmember Greenfield commented on the
need to re-address the Assessment Policy. Councilmembers Scott,
Schenck and Scott concurred. Staff was directed to amend
Resolution 95-90 to reflect the 60-40% street assessment for all
properties in this project except the city park property.
MOTION BY ANDREN, SECOND BY GREENFIELD, TO
APPROVE RESOLUTION 95-90 AS AMENDED TO REFLECT
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Minutes of the Prior Lake City Council
October 2, 1995
THE 60-40% ASSESSMENT FOR STREET OVERLAY FOR ALL
PROPERTIES EXCEPT CITY PROPERTY AND 100% FOR
SEWER AND WATER CONSTRUCTION OVER A 20 YEAR
PERIOD INSTEAD OF THE ORIGINAL TEN YEAR AS
EARLIER PROPOSED.
Upon a vote taken, ayes by Andren, Greenfield, 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, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
B. Public Informational Hearing on Shady Beach 2nd Addition,
Watersedge Trail/Glendale Avenue and Cove Avenue Lake Access.
Lani Leichty, Water Resources Coordinator, discussed the accesses
beginning with Shady Beach - 2nd Addition. Donald Price 14480
Shady Beach spoke in favor of the vacation. Jean Baudhuin, 5671
Woodside, spoke in opposition to the vacation. Scott Donaldson,
14247 NE Shady Beach Trail, spoke in favor of retaining the right of
way and designating it as a winter access. Discussion occurred and
Council concurred that the right of way should be retained, a park
bench installed and the area be designated as a scenic overlook.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
RETAIN THE RIGHT OF WAY AND ESTABLISH THE AREA
AS A SCENIC OVERLOOK.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
The next access to be discussed was Watersedge Trail/Glendale
Avenue. Mr. Leichty presented information regarding the area.
Roger Eye 14458 Watersedge Trail spoke in favor of the vacation.
Further Council discussion occurred regarding the topography of the
area.
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Minutes of the Prior Lake City Council
October 2, 1995
MOTION BY SCOTT, SECOND BY GREENFIELD, MAINTAIN
THE CURRENT DIKE AND REINFORCE AS NEEDED TO
PREVENT VEHICLES FROM GAINING ACCESS TO THE
LAKE IN THIS AREA.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
The next access under discussion was the Cole Avenue access. Mr.
Leichty reviewed details pertaining to the area. Margie Reighamer,
Cove Avenue, spoke in favor of vacating the access.- Jean Baudhuin
addressed the Council in opposition of the vacation. Bill Reighamer,
14794 Cove Avenue, also spoke in favor of the vacation. Dick
Kuykendall, 6495 Kneafsey's Street, and Jim Samis, 14777 Cove
Avenue, were also in favor of the vacation.
MOTION BY SCHENCK, SECOND BY SCOTT, TO VACATE
THE COVE AVENUE ACCESS AS PER THE LAKE ADVISORY
COMMITTEE AND STAFF'S RECOMMENDATION.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
A short recess was called.
The meeting reconvened at 9:50 p.m.
6. OLD BUSINESS:
7. NEW BUSINESS:
A. Consider Approval of Resolution 95-104 for Administrative Land
Division 4230 Quaker Trail With Variances for Pat Hayes. Mike
Leek, Associate Planner presented an overhead depicting the three
lots under consideration for division into two lots and reviewed
Council's options.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE RESOLUTION 95-104 AUTHORIZING THE
ADMINISTRATIVE LAND DIVISION SUBJECT TO THE
CONDITIONS AS STATED IN THE RESOLUTION.
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Minutes of the Prior Lake City Council
October 2, 1995
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
B. Consider Application for Administrative Land Division with
Variances for Thomas J. Sylvester, 4031 Roanoke. Associate Planner,
Mike Leek, presented an overhead depicting the three lots of record
and discussed the request for a variance. Council discussion occurred
regarding the narrow lot that would result if the land split were
approved and the increased number of substandard lots which would
occur by the subdivision. Council concurred with staff s
recommendation that the lot does not conform with present
standards.
MOTION BY SCOTT, SECOND BY SCHENCK, TO DENY THE
ADMINISTRATIVE LAND DIVISION REQUESTED BY
THOMAS J. SYLVESTER.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
C. Consider Appeal of Variances for Ron Ceminsky 5239 Brooks Circle
Southeast. Associate Planner, Mike Leek, presented an overhead and
discussed details of the request which had been previously denied by
the Planning Commission (Mr. Ceminsky is appealing the Planning
Commission's decision). Ron Ceminsky, 5239 Brooks Circle,
addressed the Council regarding the location of the proposed garage
and distributed photos of his residence to the Councilmembers. Mr.
Ceminsky maintained that if he does not receive the variance request
he would have to uproot several mature trees and tear down a shed
in order to build a third garage stall elsewhere on his lot. After
extensive discussion, Council concurred that there was reasonable
use of the property without a three car garage stall and because other
construction options are available to Mr. Ceminsky.
MOTION BY SCOTT, SECOND BY GREENFIELD, TO
SUPPORT THE RECOMMENDATION OF THE PLANNING
COMMISSION AND STAFF TO DENY MR. CEMINSKY'S
VARIANCE REQUEST.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
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Minutes of the Prior Lake City Council
October 2, 1995
D. Consider Approval of Joint Powers Agreement for Temporary Sewer
and Water Extension to Cates Oak Island Additions in Savage. City
Manager Boyles reviewed the proposal to extend sewer and water
service at the request of the City of Savage, who has made the
request due to failing septic tanks which represent a threat to the
safety and welfare of the residents. Council was favorably inclined if
it solved a significant environmental problem and there were
assurances in the agreement that significant new development
potential would not be able to receive sewer and water until the City
of Savage was able to supply these services. City Manager Boyles
stated that the Agreement does protect the rights of Prior Lake
taxpayers, the city's sewer and water system, it provides that it is a
temporary agreement (10 years maximum) and the city of Savage
will conduct all assessment hearings construct sewer, water and
streets for the Cates Oak Island area.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
AUTHORIZE THE MAYOR AND CITY MANAGER TO
EXECUTE THE PROPOSED JOINT POWERS AGREEMENT.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
E. Provide Direction to Planning Staff Regarding the Preparation of a
Tree Preservation Ordinance. Associate Planner, Mike Leek,
presented an overhead of a suggested guideline which Council could
select the options identified by staff, to determine the criteria for a
tree preservation ordinance. Mr. Leek discussed tree sizes, height,
types of trees, enforcement methods, designation of who would be
affected by the ordinance, whether it should pertain only to new
subdivisions, single lots, schools, churches, and other pertinent
considerations. Council discussion occurred regarding the options
presented by Mr. Leek. Several suggestions were made concerning
the idea of a tree inventory and the possibility of using an intern from
forestry school.
Council directed staff to prepare a Tree Preservation ordinance for
adoption later this year.
8. OTHER BUSINESS:
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Minutes of the Prior Lake City Council
October 2, 1995
A. Consider App~al of Planning Commission's Recommendation to
Appoint Dick l!:;}ykendall as Chair of the Planning Commission. A
short discussion occurred regarding the terms for the Chair of the
Planning Commission from September, 1995 to July, 1996.
MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO
APPROVE THE APPOINTMENT OF DICK KUYKENDALL AS
CHAIR OF THE PLANNING COMMISSION FROM
SEPTEMBER, 1995 TO JULY, 1996.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
City Manager Boyles reminded Councilmembers of the Ferry Bridge
Reception at Canterbury Downs on Friday, October 6 at 3:00 p.m.
A short discussion occurred regarding scheduling of workshops.
Council concurred that it works best for them to hold the workshops
on the same evening as Council meetings.
MOTION BY GREENFIELD, SECOND BY SCHENCK TO
ADJOURN THE MEETING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck
and Scott, the motion carried.
9. ANNOUNCEMENTS/CORRESPONDENCE
10. ADJOURNMENT - There being no further business, the meeting
adjourned at 11:15 p.m.
The next regular Council meeting will be held on Monday, October 16,
1995. , .. 7
Recording Secretary
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