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REGULAR COUNCIL MEETING
AGENDA
November 6, 1995
1. CALL TO ORDER.........................................................................7:30 P.M.
2. PLEDGE OF ALLEGIANCE
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
AND SPECIAL MEETING MINUTES OF OCTOBER 23, 1995.
4. CONSENT AGENDA
A. Consider Approval of Invoices To Be Paid
B. Consider Approval of Resolution 95-112 Acknowledging Department
of Natural Resources Approval of Shore land Management Ordinance
C. Consider Approval of Joint and Cooperative Agreement for Prior Lake
Participation in Suburban Transit Association through the MVTA
D. Consider Approval of Ordinance 95-1 7 Amending Title 5 of the City
Code, Section 7 of the Zoning Ordinance to comply with State
Statutes providing Time Limits for Zoning Decisions.
5. PRESENTATIONS - None
6. PUBLIC HEARINGS
A. Public Informational Hearing for Public Accesses: Pine Road and Red
Oaks (Lot 34).
7. OLD BUSINESS
A. Consider Adoption of Resolution 95-101 Approving a Conditional Use
Permit for Midwest Cablevision.
B. Consider Review of City Council Directives for January-October 1995.
Al10695.DOC
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8. NEW BUSINESS
A. Consider Approval
January 1, 1996.
B. Consider Approval
Benefits
9. OTHER BUSINESS
of Selection of New City Attorney Effective
of Firefighter Request for Improved Pension
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
AII0695.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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of the Prior Lake City Council
October 16, 1995
MINUTES OF THE PRIOR LAKE CITY COUNCIL
October 16, 1995
1. CALL TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Monday, October 16, 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 John Wingard, City Attorney Glenn Kessel, and Recording
Secretary Connie Carlson.
2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of
Allegiance and welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES -
Councilmember Scott pointed out that the name Kuykendall on page 8,
line 2 should be capitalized.
MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO
APPROVE THE OCTOBER 2 COUNCIL MINUTES AS
AMENDED.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and
Scott, the motion carried.
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 Overvie~.
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.
16200 8~t@5egeek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
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Minutes of the Prior Lake City Council
October 16, 1995
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.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
APPROVE CONSENT AGENDA ITEMS A THROUGH N.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
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:
Chuck Arnold
Dave Roseth
Sam Emond
John Wingard
Planning Commission
Planning Commission
Park Advisory Committee
Lake Advisory Committee
City Manager Boyles introduced the 4 committee members, and
Mayor Andren presented Certificates of Appreciation to them.
Each former committee member thanked the City Council and the
committees.
6. PUBLIC HEARINGS - None
7. OLD BUSINESS:
A. Consider Approval of Resolution 95-103 Rejecting Bids for Lift
Station #3 City Manager Boyles discussed staffs recommendation
that the Council approve the resolution rejecting the bids because
the bids were higher than anticipated and the issues are not timely
in that there is some opportunity to rebid for this lift station in the
future. There were no comments from the City Council.
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Minutes of the Prior Lake City Council
October 16, 1995
MOTION BY ANDREN, SECOND BY GREENFIELD, TO
APPROVE RESOLUTION 95-103 REJECTING BIDS FOR
LIFT STATION #3.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
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-1 to B-1 for Wilds North (RKB,
INC.) at the Southeast Corner of County Roads 42 and 83. City
Manager Boyles discussed two critical issues: 1) Should the public
subsidize this request since the need for infrastructure comes earlier
in the process than would otherwise be necessary? Are the special
assessments sustainable once the area is transferred out of the
MUSA? 2) To what degree does the City Council have the right to
regulate the kind of uses on this 19.5 acre parcel?
Mayor Andren commented on the August and September public
hearings. The City Council heard from the Staff and the
Applicant.
City Planner Rye presented a report dated 10/16/95. The proposal
is to change the 19.5 acre parcel from A-I Agricultural to
Commercial, extend the MUSA service area boundary to include
this property, and remove a 40 acre parcel on the north shore of
Prior Lake from the MUSA area and change the zoning from A-I
Agricultural to B-1 Limited Business. PC feels the deferred
assessments on the 40 acres be paid as a condition of approval of
this request. The City should also not incur any of the
infrastructure costs as a part of this land use change because this
is a different schedule of improvement than that of the City's
Capital Improvement Program. Applicant has an agreement with
owner of the 40 acres to remove the land.from the MUSA with the
condition that it be added back into the MUSA as part of the 2010
Plan. The Planning Commission is of the opinion that the deferred
assessments should be paid the City not incur additional costs
associated with the project , and approve the plan as submitted.
The Staff Report states that the B-1 Zoning is not appropriate for
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Minutes of the Prior Lake City Council
October 16, 1995
the area, and recommends deferring zoning changes and using a
pun approach to site development.
Councilmember Scott questioned assessments on the property.
City Attorney Kessel clarified that if 30 years pass after levy of the
assessment (20 years from now), the City cannot collect the
assessments. There is no tax benefit if nothing is done. Kessel
explained MUSA and the risk of not collecting the assessments.
Applicant Dick Burtness gave an overview of the development. He
spoke of the amenities needed by homeowners (food stores,
gasoline, etc.), the amenities provided by The Wilds and stated
that those amenities must make money. He is asking for
cooperation with the City of Prior Lake. This plan refers to
commercial use and multi-family residential use.
Burtness stated that the $410,000 assessment is on the Vierling
property is not his responsibility. I t is in "Green Acres", according
to the County Assessor, and can be removed if 1) the property
usage changes or 2) the ownership changes. Burtness wants to
create tax base by development, far more than the $410,000
assessment, rather than leave the land in green acres, in which
case the City may not collect the assessment.
Councilmember Scott questioned the land swap in terms of the
Comprehensive Plan and approval of Metropolitan Council's
MUSA land.
Assistant City Manager Tremere pointed out that the final say in
returning the land to MUSA is up to the Metropolitan Council.
City Attorney Kessel clarified that as long as the property stays in
green acres, the assessment is deferred. Once it is removed from
green acres, the City can begin collecting the assessment.
According to the statutes, the entire assessment would come due at
the time of the sale.
There was extensive discussion concerning the VISIon for
development in that corridor, and in regard to the Comprehensive
Plan for the area.
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Minutes of the Prior Lake City Council
October 16, 1995
Mayor Andren spoke in favor of a PUD as the ideal solution from
the City's point of view and in the public's benefit.. It affords the
City some control and gives the public a representation of what is
going to be developed. She wants staff to 1) investigate the issue of
the $400,000 and 2) to address the issue of growth in the corridor.
City Manager Boyles suggested that the City needs to 1)
investigate the special assessment, 2) address more specific data
on public infrastructure cost acceleration and 3) develop a means of
controlling uses either through a PUD or special zoning district
designation.
MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
TABLE ACTION ON THE MATTER NO MORE THAN 30
DAYS, OR UNTIL THE NOVEMBER 20,1995 MEETING.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
A short recess was called.
B. Consider Appeal of Buckingham Disposal from Ordinance
Interpretation. Mayor Andren turned the meeting over to
Councilmember Kedrowski to preside as Acting Mayor due to a
potential conflict of interest in this matter.
Acting Mayor Kedrowski said that City staffs interpretation is
that recycling is not currently contemplated in the ordinance as it
stands. As a result of that interpretation, a recycling operation
could not operate in an I-2 zoning district. Staff recommends that
research should be conducted and recycling could be considered as
a conditional use since this would afford the City Council an
opportunity to address issues of impact upon adjacent land uses.
City Planner Rye reviewed the Planning Commission's
recommendation the City Council uphold the appellant's
contention that the recycling operation fits within the definition of
light manufacturing. The Planning Commission supports the
applicant's position. Staff recommends that while the staff
determination be upheld, Council could direct staff to conduct a
study under applicable sections of the ordinance to determine
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Minutes of the Prior Lake City Council
October 16, 1995
under what circumstances a recycling center could be allowed in
the I-2 zoning district.
If Council believes the recycling operation as described by the
applicant does not fit the definition of light manufacturing, it
should uphold the staff determination. If Council believes the
recycling operation does fit the definition of light manufacturing it
should uphold the Planning Commission and the applicant. If
Council believes this operation is sufficiently different from other
light manufacturing uses, it should direct staff to conduct the
necessary study to define how that facility might be regulated in
the ordinance. Outside storage, potentially hazardous material
storage, and controlled traffic and drainage are to be considered for
a possible Conditional Use in the I-2 zone. No further enforcement
action would be taken while the study is pending.
Scott was concerned about whether or not Scott County would give
a license to Buckingham for the interim time and about the time
frame of his license. Operation of the facility would not cease
during that time from the Planner's perspective. Rye indicated a
recommendation would be made within 30 days.
John Cairns, Briggs and Morgan Law Firm, and Tom Buckingham
were present to answer any questions. Councilmember Scott
questioned the previous zoning (Industrial) at the Savage location.
Councilmember Kedrowski questioned the handling of hazardous
materials. Mr. Buckingham said they do not handle hazardous
materials. All materials are regulated by Scott County and he
abides by these guidelines.
Planner Rye stated he was more concerned about outside storage,
drainage and typical land use concerns. Mr. Buckingham stated
that nothing is stored outside, but is transported to the
manufacturer. They are a transhipment facility.
Councilmember Schenck feels that this operation falls under the
definition of light manufacturing. A Conditional Use Permit
allows safeguards regarding a recycling operation.
Is final wording required before Buckingham can continue its
operation? Boyles stated that the County has issued a permit;
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Minutes of the Prior Lake City Council
October 16, 1995
there may be direction from the Council on a Conditional Use
Permit, or if they uphold the permit, the issue is done.
Councilmember Greenfield stated that the Zoning Ordinance does
not address the issue of recycling under the I-2 category. He is not
comfortable with recycling being included in the list of permitted
uses because it is a broad category. Conditional Uses are reviewed
yearly and, therefore, is better controlled than under the zoning
ordinance. A Conditional Use also does not hold up the process
and affords the opportunity to work with recycling. Councilmemer
Scott concurred with Councilmemer Greenfield concerning the
Conditional Use Permit. Councilmember Schenck is concerned
that if there is a future recycling operation in Prior Lake that it be
of the same quality as the Buckingham facility and would support
assigning a Conditional Use in an I - 2 zone, as long as nothing is
done to impact Buckingham's operation. Councilmember
Kedrowski supported the Planning Commission's position.
MOTION BY GREENFIELD, SECOND BY SCOTT, TO
PREPARE THE NECESSARY LANGUAGE TO PROVIDE
FOR CONDITIONAL USE FOR RECYCLING IN AN 1-2
LIGHT INDUSTRIAL ZONING AREA FOR BUCKINGHAM
RECYCLING AND CONTACT THE COUNTY WITH
RESPECT TO THE STATUS OF THE COUNTY LICENSE IN
LIGHT OF THE CITY'S ACTION.
Upon a vote taken, ayes by Greenfield, Schenck and Scott, nays by
Kedrowski the motion carried.
A short recess was called.
C. Consider Approval of City Participation in the Livable
Communities Program. City Manager Boyles presented details of
Resolution 95-108. and stated that participation in the Livable
Communities Program is optional. Mayor Andren read the
Resolution into the record (see attached Resolution).
City Attorney Kessel pointed out that the Act permits
municipalities to enter into Joint Powers Agreements and "can go
all into one community if the parties who join such an act agree as
long as you meet the goals." Therefore, cities can work together to
achieve their goals.
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MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO
APPROVE THE PROPOSAL FOR SOLICITING PUBLIC
INPUT AND SEEKING FINAL PLAN APPROVAL.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
E. Consider Approval of Amendment to Section 5-7-6 of the Prior Lake
City Code and Prior Lake Sign Ordinance 94-06. City Manager
Boyles reviewed the Sign Ordinance Amendment and recommended
approval of Ordinance 95-16 which is consistent with the Planning
Commission's recommendation. Councilmember Scott asked about
signs in the residential areas and if they would be reviewed by the
Planning Commission, Planner Rye said they would.
MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO
ADOPT ORDINANCE 95-16.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
F. Consider Approval of Resolution 95-109 Eliminating Local
Government Aid/Homestead Agricultural Credit Aid Penalty for
Tax Increment Financing Districts. Roger Guenette of Advance
Resources, Inc., indicated he would be happy to answer any
questions and summarized the benefits of the proposal. The City
could save as much as $182,500. He explained the acreage
change in the report due to more wetland than anticipated in the
Business Park. There are approximately 10 acres remaining in
the park; however, five of those acres may not be marketable.
MOTION BY GREENFIELD, SECOND BY SCOTT, TO
APPROVE RESOLUTION 95-109 ELIMINATING LOCAL
GOVERNMENT AIDIHOMESTEAD AGRICULTURAL
CREDIT AID PENALTY FOR TAX INCREMENT
FINANCING DISTRICTS.
Upon a vote taken, ayes by Andren, Greenfield, Kedrowski,
Schenck and Scott, the motion carried.
9. OTHER BUSINESS:
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._'-----"._-~,.._.....--_........._....._----_.._-
Minutes of the Prior Lake City Council
October 16, 1995
City Manager Boyles pointed out the item about the Winter Workshop,
tentatively set for Friday, January 19 and Saturday, January 20, 1996 in
the Weekly Update.
The Council mentioned the need to reVIew the Fire Station Location
Study.
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT: There being no further business
adjourned at 10:40 P.M. The next regularly schedul,. m
held on Monday, November 6, 1995. I { , 1\
t e meeting
ting will be
CWllpv,,--
Recording Secretary 1/
.---.....
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10
f the Prior Lake City Council
October 23, 1995
MINUTES OF THE PRIOR LAKE CITY COUNCIL
SPECIAL MEETING
OCTOBER 23, 1995
1. CALL TO ORDER - Mayor Andren called the meeting of the Common
Council to order on Monday, October 23, 1995 at 5:33 P.M. in the City
Council Chambers. Present were: Mayor Andren, Councilmembers
Greenfield, Schenck and Scott, City Manager Boyles, Assistant City
Manager Tremere, Police Chief Powell, Police Lieutenant Schmidt,
(Councilmember Kedrowski arrived at 5:40 P.M.).
2. Consider Approval of Resolution 95-110 Providing for the Issuance and
Sale of $2,200,000 General Obligation Improvement Bonds of 1995.
Steve Madson, representing Juran and Moody, the City's Financial
Consultants, reported that three bids had been received for the sale of
$2,200,000 General Obligation Bonds. The bonds were awarded an A
rating and the interest rates proposed were better than initially
anticipated. The purpose of the bonds is to provide the construction
money necessary to construct the maintenance facility. The bonds will be
repaid from the Capital Facility Account Charge (CFAC). One of the bids
was a local bid. Following analysis of the proposals, Juran and Moody
recommend that the City Council adopt Resolution 95-110 accepting the
bid of the Piper Jaffray Syndicate in the amount of 5.41 percent.
MOTION BY SCHENCK, SECOND BY GREENFIELD, TO ADOPT
RESOLUTION 95-110 ACCEPTING BID OF SALE OF $2,200,000
GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS
OF 1995 PROVIDING FOR THEIR ISSUANCE AND PLEDGING
FOR THE SECURITY THEREOF NET REVENUES TO THE FIRM
OF PIPER JAFFRAY IN THE NET INTEREST AMOUNT OF 5.41%
Upon a vote taken, ayes by Andren, Greenfield, Schenck and Scott, the
motion carried.
3. Consider approval of Resolution 95-111 Calling for the early redemption of
the $150,000 General Obligation Tax Increment Bonds of 1985.
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