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HomeMy WebLinkAbout022096 Regular of the Prior Lake City Council February 20, 1996 MINUTES OF THE PRIOR LAKE CITY COUNCIL February 20, 1996 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Tuesday, February 20, 1996 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Kedrowski and Mader, City Manager Boyles, Public Works Director Anderson, Planning Director Rye, City Attorney. Barrett and Recording Secretary Birch. Councilmembers Schenck and Greenfield were absent due to being out of town. 2. PLEDGE OF ALLEGIANCE Mayor Andren led the Pledge of Allegiance 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES The following amendments were made: Page 4, 5A the sentence referred to Prior Lake Chamber of Commerce representative, it should be changed to Prior Lake Chamber of Commerce President MOTION BY KEDROWSKI, SECONd) BY MADER, TO APPROVE THE MINUTES AS AMENDED. MINUTES Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried. 4. CONSENT AGENDA A. Consider Approval of Invoices to be paid. Invoices B. Consider Approval of Animal Control Report. Dog Catch C. Consider Approval of Fire Calls Summary for December, 1995 Fire Calls and January, 1996. D. Consider Approval of Treasurer's Report. Treasurer' s E. Consider Approval of Resolution 96-09 Authorizing Allocation of Rs 96-09 MPRS Damages to MPRS Defendants. F. Consider Approval of Building Permit Report. Bldg. Permit G. Consider Approval of Resolution 96-17 Establishing Findings RS 96-17 and Facts and Denying Variance Request From Elmer Clarke, Elmer Clarke 16286 Park Avenue. H. Consider Approval of Resolution 96-20 Adopting Flexible RS 96-20 Flex Benefits Plan. BenefitPlan 16200 L~e~t~ek Ave. S.E., Prior Lake, Minnesota 553172-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council February 20, 1996 I. Consider Approval Resolution 96-15 Approving 1996-1999 Police RS96-15 and Fire Agreement with the Mdewakanton Dakota Dakota Fire & Police Community. Agreement Councilmember Mader requested that Items E and H be removed for discussion. MOTION BY MADER, SECOND BY KEDROWSKI, TO Consent APPROVE CONSENT AGENDA ITEMS A THRU I WITH THE Agenda EXCEPTION OF E AND H. Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried. Discussion of Agenda Item E - Councilmember Mader had questions as to whether complications would arise should other cities choose not to pay their portion of the settlement. City Attorney Barrett replied that no city wants to be responsible for payment of the entire judgment amount, therefore, it is fair to assume that all cities will be willing to pay their proportionate share. MOTION BY MADER, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 96-09 APPROVING ALLOCATION OF RS 96-09 to MPRS DAMAGES AND AUTHORIZING PAYMENT THEREOF WITH RESPECT TO MPRS LAWSUIT. Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried. Discussion of Agenda Item H - Councilmember Mader expressed concern about adopting a benefit plan without having an opportunity of reviewing the plan. Mr. Mader also expressed concern over the broad language of the Resolution and suggested that the item be tabled to provide staff time to revise the resolution. MOTION BY MADER, SECOND BY ANDREN, TO TABLE Flex CONSENT AGENDA ITEM H TO PROVIDE STAFF THE benefit OPPORTUNITY TO SUMMARIZE THE ACTUAL BENEFITS AS Plan LISTED ON THE RESOLUTION. Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried M022096.DOC 2 Minutes of the Prior Lake City Council February 20, 1996 5. PRESENTATIONS: A. Mayor Lee Andren Confirmed Receipt of Key to The City from Chimbote Chimbote, Peru. Mayor Andren stated that representatives from Peru the Rotary Club presented a Proclamation to adopt the City of Chimbote, Peru as a sister city. This Proclamation was presented by the Prior Lake Rotarians. As a gesture of good will Mayor Altamirano sent the City of Prior Lake a key to the city of Chimbote. The key is on display at City Hall. 6. PUBLIC HEARINGS - None 7. OLD BUSINESS: A. Consider Approval of Resolution 96-22 Denying Appeal of Variance for Brian and Marilyn Carlson - Subject Site, Lots 18 and 19, FAIRLAWN SHORES.. Planning Director Rye presented an overhead of the site and discussed the request for a 2.4 foot side yard variance for a 7.6 foot side yard setback on the West and a 19 foot variance to permit a lakeshore setback of 56 feet for a lot that is 15,767 square feet and exceeds the area requirements for lots in the R-1 Urban Residential and Shoreland Districts. The Planning Commission concluded that compliance with the Ordinance would not result in a hardship and still leave the applicant with reasonable use of the land. Applicant Brian Carlson, 5544 Fairlawn Shoes SE, addressed the Council to explain that his request for a variance was necessary in order to remodel their current home and build an attached garage. Mr. Carlson gave an extensive history of his request and how they came to buy the home in Prior Lake. He also stated that neighbors had no objections to the expansion. Discussion occurred as to whether not any precedent setting variances had been granted for lots of 15,000 square feet or larger. Mayor Andren stated that three such requests were turned down in the past year for lack of hardship evidence. Councilmembers concurred that the application does not meet the hardship criteria in accordance with the ordinance and that they are in agreement with the Planning Commission's recommendation. M022096.DOC 3 Minutes of the Prior Lake City Council February 20, 1996 MOTION BY KEDROWSKI, SECOND BY MADER, TO APPROVE RESOLUTION 96-22 DENYING APPEAL OF BRIAN AND MARILYN CARLSON AND SUPPORTING RS 96-22 denying THE PLANNING COMMISSION'S DECISION IN THE appeal MATTER OF REQUEST FOR VARIANCE CASE NO. VA96- of Brian 02. & Marilyn Carlson Upon a vote taken, ayes by Andren, Kedrowski and Andren, the motion carried. A short recess was called. The meeting reconvened at 8:50 p.m. 8. NEW BUSINESS: A. Consider Approval of Resolution 96-21 Approving City of Prior Lake Public Works Design Manual. MOTION BY KEDROWSKI SECOND BY MADER, TO APPROVE RESOLUTION 96-21 AUTHORIZING THE Rs 96-21 Public PUBLIC WORKS DESIGN MANUAL. Works design Councilmember Mader questioned City Engineer Anderson with Manual regard to the revision letters and whether they are tracked by number to indicate the most current revision. Mr. Anderson stated that they do track the revisions and records of the latest revisions are kept which will be sent regularly to all contractors on the mailing list. Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried. B. Consider Approval of Authorization to Conduct a Taxpayer Service Satisfaction Survey. City Manager Boyles discussed the proposal to conduct a Citizen Service Satisfaction Survey and stated that a survey of this nature would reflect a cross section of the population. Dr. Bill Morris with Decision Resources, LTD was to conduct the survey. Mr. Boyles reviewed the other communities who have used Dr. Morris' services. Discussion occurred regarding the tyPe of survey and the methods used to conduct the survey. Councilmembers discussed the need for a M022096.DOC 4 Minutes of the Prior Lake City Council February 20, 1996 survey. Councilmember Kedrowski stated that outside support or resources are important to determine citizen satisfaction with city services. Mayor Andren stated that the city could use three methods of determining the level of services, also treat the questions that were going to be on the survey by using common sense, Capital Improvement Program and Comprehensive Plans. and stated that she would like see the Lakefront Park master plan first and that a survey should only be done when citizen demand for additional services is indicated by grass roots support. MOTION BY MADER, SECOND BY KEDROWSKI, TO DENY THE REQUEST TO CONDUCT A CITIZEN Citizen SERVICE SATISFACTION SURVEY. Service Survey Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried. Consider Approval of Resolution 96-19 Enhancing City Economic Development Resources to Meet Future Needs. City Manager Boyles discussed the decision to revitalize the Economic Development Authority and decommission the Business Development Committee along with a short discussion on the new contract with Advance Resources, Inc. (Roger Guenette). Council agreed that they would consider appointing a liaison between the EDA and the business community. Paul Vierick was suggested as a possible candidate. Councilmembers also agreed that the Chamber of Commerce should also be encouraged to continue their role as an advocate of business development. It was suggested that the Chamber of Commerce issue a reports to the EDA regarding their progress with the business community. Discussion occurred regarding the language in the resolution. Council concurred that the contract with Advance ReSources be excluded from the Resolution and that consideration of the Advance Resources contract be considered on March 4 after EDA officers have been elected. MOTION BY KEDROWSKI, SECOND BY MADER, TO Rs 96-19 APPROVE RESOLUTION 96-19 ENHANCING CITY EDA ECONOMIC DEVELOPMENT RESOURCES TO MEET FUTURE NEEDS DELETING AUTHORIZATION OF THE ADVANCE RESOURCES CONTRACT. M022096.DOC 5 Minutes of the Prior Lake City Council February 20, 1996 Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried Motion carried. MOTION BY MADER, SECOND BY KEDROWSKI, TO Advanced TABLE A DECISION ON THE ADVANCE RESOURCES, Resources INC. CONTRACT UNTIL AFTER THE ECONOMIC Contract DEVELOPMENT AUTHORITY MEETING ON MARCH 4. Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried Consider Approval of Resolution 96-18 Reclassifying Certain Tax Parcels From the Rural Service District to the Urban Service District. Finance Director Teschner discussed the reclassification of 246 tax parcels from the Rural Service Tax District to the Urban Service Tax District and explained that approximately 25 years ago the City was divided into two districts, a Rural Service Tax District and an Urban Service Tax District and discussed the definition of the two designations. Currently the rural service designated areas receive the same level of service as any other lot within the city. Mr. Teschner stated that the ordinance should be deleted from the code book. MOTION BY KEDROWSKI, SECOND BY MADER, Directive DIRECTING STAFF TO PLACE THE REPEAL OF Urban SERv. CHAPTER 10 URBAN SERVICES DISTRICT ON THE Dist. MARCH 4 CONSENT AGENDA. Repeal Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried Discussion occurred regarding repeal of the ordinance and whether Exhibit B should be deleted. City Attorney Barrett suggested that Exhibit B on the Resolution remain as is. MOTION BY KEDROWSKI, SECOND BY MADER, TO RS 96-18 APPROVE RESOLUTION 96-18 RECLASSIFYING TAx Parcels CERTAIN TAX PARCELS FROM THE RURAL SERVICE Reclassifying TAX DISTRICT TO THE URBAN SERVICE TAX DISTRICT. M022096.DOC 6 Minutes of the Prior Lake City Council February 20, 1996 Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried. City Manager Boyles noted for the minutes that this item had nothing to do with the MUSA classification. Discussion on Consent Agenda Item H Resolution 96-20 Adopting the Flexible Benefits Plan City Manager Boyles read a revised resolution on the proposed flexible benefits plan which consist of a means in which the employee can set aside a certain dollar amount before taxes to pay for such items as child care, health care and other medical expenses through the payroll system. Councilmember Mader indiCated that the revised resolution addressed his concerns. MOTION BY MADER, SECOND BY KEDROWSKI, TO Rs 96-20 ADOPT RESOLUTION 96-20 ADOPTING THE FLEXIBLE Flex Benefit BENEFITS PLAN. Plan Upon a vote taken, ayes by Andren, Kedrowski and Mader. The motion carried 9. OTHER BUSINESS: · City Manager Boyles reviewed the February 2 Update and discussed the recent MPRS issue and suggested that the Council form a committee consisting of two member MPRS along with a staff member to determine whether they approve of participation in the MPRS Affirmative Action Program and hiring commitments. Mayor Andren appointed Councilmembers Mader and Kedrowski to review the Affirmative Action Program for MPRS and report to the full Council. The City Manager will schedule the meetings. · City Manager Boyles discussed the Annual League of Minnesota Cities Conference and stated that if any of the Councilmembers wished to attend the meetings to contact Dee Birch. · City Manager Boyleg'reported on a letter he received from the Metropolitan Council with regard to the City's M022096.DOC 7 Minutes of the Prior Lake City Council February 20, 1996 comprehensive plan and requested that the Mayor, Don Rye and he meet with the Metropolitan Council representatives to express our concerns about their delays in reviewing the 2010 Comprehensive Plan. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT MOTION BY MADER, SECOND BY KEDROWSKI TO ADJOURN THE MEETING. Upon a vote taken, ayes by Andren, Kedrowski and Mader, the motion carried. The meeting adjourned at 10:00 p.m. The next regula~ schg~uled meeting will be Monday, March 4, 1996 at 7:00 p(n~. C// : Recording Secretary M022096.DOC 8