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HomeMy WebLinkAbout041596 Regular MINUTES OF THE PRIOR LAKE CITY COUNCIL April 15, 1996 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, April 15, 1996 at 7:35 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Kedrowski, Mader and Schenck, City Manager Boyles, Public Works Director Anderson, Parks Director Hokeness, Assistant Manager Tremere, Associate Planner Leek, and City Attorney Pace. 2. PLEDGE OF ALLEGIANCE Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES Mayor Andren stated that she had several questions and corrections including (1) use of the appropriate signature block; (2) clarification of her remarks on page 6 regarding open space and park dedication considerations for the Pheasant Meadow proposal. The fifth sentence in the fourth paragraph should reflect her observation that, even though the proposed park dedication amount would be greater than a conventional plat, the contribution would be cash-in-lieu of land. Further, the development plans did not provide effective open recreation areas, and a PUD should have public or private common open space that is available to residents of the development; and, on page 8, the need to revise the resolution motion in the second sentence to read as follows: "This committee shall consist of the City Manager, City Engineer, Finance Director, and two members of the City Council appointed annually at the City Council's January meeting." MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO l~Iinutes APPROVE THE APRIL 1, 1996 COUNCIL MINUTES AS AMENDED. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Animal Warden Report. Animal ~/arden B. Consider Approval of Building Permit Report. Bldg. Permit C. Consider Approval of Fire and Rescue Report. Fire & Rescue 16200 Eagle Creek 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 April 15, 1996 D. Consider Approval of Invoices to be Paid. Invoices E. Consider Approval of Treasurer's Report. Treasurer Rpt. F. Consider Approval of 1st Quarter Budget Report and Overview. Budget Rpt. G. Consider Approval of 1st Quarter Investment Report. Investment Rpt H. Consider Approval of Lease Agreement Between the City of Prior vrw Park Lot Lake and Dwane and Merlin Arndt for Lease of Municipal Parking Lease Agree. Lot. I. Consider Approval of Refuse Mauler's License JME of Monticello, Refuse Hauler Inc. J. Consider Approval of 3.2 Liquor License for Prior Lake Liquor License Mudcats/Jays K. Consider Approval of Payment for Previously Authorized Easement Northwood Rd. Acquisition for Project 94-02 Northwood Road. Easement Acq. L. Consider Approval of a Fee Increase for Evergreen Land Services Northwood Rd. Co. for Easement Negotiation for Project 94-02 Northwood Road. Fee Increase Councilmember Mader requested that Items H, K and L be removed from the Consent Agenda for discussion under Other Business. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE THE CONSENT AGENDA ITEMS A THROUGH G, AND I AND J; AND CONSIDER ITEMS H, K AND L UNDER "OTHER BUSINESS." Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. 5. PRESENTATIONS: A. Presentation by Mayor Lee Andren to Prior Lake VFW Recognizing VFW Gold Star the 50th Anniversary of the VFW and recognizing Gold Star Mothers Mothers. - Mayor Andren recognized the representatives of the Prior Lake Veterans of Foreign Wars, Norm Borchardt, Pat Daniels and Gary Allen; she read the proclamation celebrating the 50th Anniversary of the Prior Lake VFW 6208. Mayor Andren read the proclamation affirming Mrs. Margaret O'Laughlin, the mother of Daniel O'Laughlin, and Mrs. Germaine Ryan, the mother of Thomas Ryan, as Gold Star Mothers. B. Presentation by Mayor Lee Andren of Arbor Day Proclamation. -Arbor Day Mayor Andren proclaimed that April 26, 1996 would be Arbor Day ?roclamat±on in the City of Prior Lake and she urged all citizens to support efforts to care for the trees and woodlands and to support the city's community forestry program. M041596.DOC 2 Minutes of the Prior Lake City Council April 15, 1996 C. Presentation by Brauer and Associates of the Lakefront Park Lakefront Park Master Plan Study Recommendations. - Mayor Andren recognized Master Plan Parks Director Paul Hokeness and Consultant Jeff Schoenbauer of Brauer and Associates who presented the Lakefront Master Plan. Director Hokeness reviewed the procedures which had been used to develop the plan and to review it with Parks Advisory Committee and interested parties. He stated that input from the City Council is being sohcited at this time. Following the presentation, there was discussion by the Council and questions by Councilmembers Mader, Schenck and Kedrowski. Mayor Andren noted that a workshop has been scheduled with the Parks Advisory Committee for May 6 and the plans will be discussed in further detail at that time. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE THE LAKEFRONT PARK MASTER PLAN AND REPORT BY BRAUER AND ASSOCIATES AND TO DIRECT THE STAFF TO INCLUDE DISCUSSION OF FINANCING OPTIONS WITH THE PARKS ADVISORY COMMITTEE AT THE JOINT MEETING WITH THE COUNCIL ON MAY 6, 1996. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. 6. PUBLIC HEARINGS: A. Consider Adoption of Resolution 96-29 Vacating a Part of a Public Roadway Easement Over, Under and Across Chatonka Beach Trail. - Associate Planner Leek reviewed the April 9, 1996 Staff Agenda Report on the proposal to consider vacation of a part of a roadway easement located on the old Chatonka Beach Trail. He explained that notices to individual property owners had not been sent and thus the recommendation was to continue the hearing until the May 20, 1996 City Council meeting. Mayor Andren opened the hearing and noted that no one was present to testify for or against the proposal. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TOvacate Roadway CONTINUE THE PUBLIC HEARING ON THE PROPOSALEasement TO VACATE A PART OF THE ROADWAY EASEMENTchat°nka Beach Trail MO41596.DOC 3 Minutes of the Prior Lake City Council April 15, 1996 LOCATED ON THE OLD CHATONKA BEACH TRAIL UNTIL THE MAY 20, 1996 CITY COUNCIL MEETING. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. 7. OLD BUSINESS: A. Consider Approval of Resolution 96-41 Denying the Sche~natic Planned Unit Develop~nent for Pheasant Meadow (Case File 96- O01-PUD). - City Manager Boyles introduced the next item which was consideration of the draft resolution denying the schematic Planned Unit Development of Pheasant Meadow, which had been discussed and directed at the April 1, 1996 meeting. He stated that the applicant had submitted a letter withdrawing the request; this had been reviewed with the City Attorney who recommends the Council acknowledged the request and consider the item withdrawn. City Manager Boyles also noted that the petitioner has asked the Council to consider allowing various fees that were paid with the initial application to be used for subsequent application for preliminary plat approval. He suggested that the Council could consider that issue later when a new application was submitted. A brief discussion ensued. MOTION BY MAI)ER, SECOND BY KEDROWSKI, TO Pheasant ACKNOWLEDGE THE APRIL 9, 1996 LETTER FROM MR. Meadow PUD TERRY SCHNEIDER, OF PROJECT DEVELOPERS, INC., Withdrawal V/ITHDRAWING THE PLANNED UNIT DEVELOPMENT APPLICATION FOR PHEASANT MEADOW; CONSIDERING THE APPLICATION WITHDRAWN; AND DEFERRING FURTHER CONSIDERATION OF THE PLANNING FEES. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. B. Consider Approval of Increase in Project Cost of $27,500 for Maintenance Facility Project. - Park Director Hokeness introduced the next item and reviewed the April 15, 1996 Staff Agenda Report regarding a proposed Change Order and a request for Council authorization to increase the maintenance facility project budget. M041596.DOC 4 Minutes of the Prior Lake City Council April 15, 1996 A brief discussion ensued regarding the proposed change order which removes items from the construction proposal resulting in a budget decrease. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO lqaintenance APPROVE CHANGE ORDER #1 FOR THE PRIOR LAKE Fac±l±ty Change Order MAINTENANCE BUILDING. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO l~Ia±ntenance AUTHORIZE AN INCREASE IN THE PRIOR LAKE MAINTENANCE FACILITY PROJECT BUDGET BY $26,332 cost Increase AS PROPOSED IN THE APRIL 15, 1996 STAFF AGENDA REPORT. An extensive discussion ensued, particularly on the proposed sand/salt storage building. Councilmember Mader expressed concern about the budgeting and cost over runs on the project. He stated he would prefer to revisit the need for the salt/sand storage building at a later time when its need and function, as well as potential cost, could be more fully evaluated. Mayor Andren agreed. Councilmember Kedrowski inquired about the timing of the project and the need for getting approval for the additional money for the proposed sand/salt storage building. Director Hokeness explained that timing was critical and he introduced the project's architect who recalled the history of the planning and the bidding for the project. The Mayor stated she was concerned with the timing of notice to the Council that there were budgetary difficulties; she stated that while she could support this particular request she was concerned that the Council should receive earlier notice. Further discussion ensued regarding the proposed additional costs and the procedural requirements to adjust the contract for this project. The meeting recessed from 8:39 to 8:49 p.m. City Manager Boyles indicated that, during the recess, the City Attorney had an opportunity to review the details of the proposed budgetary adjustment. He stated that the Council had the following alternatives: M041596.DOC 5 Minutes of the Prior Lake City Council April 15, 1996 1). To withdraw the motion that had been made approving the additional funding. 2). To pass a new motion which would authorize the expenditure of up to $10,000 for necessary electrical system work and improvements that need to be undertaken promptly with the existing building; the proposed sand/salt storage building would be formally bid at a later time. Following a brief discussion, Councilmember Kedrowski withdrew his earlier motion. MOTION BY MADER, SECOND BY KEDROWSKI, TO ~Ia±ntenance AUTHORIZE UP TO $10,000 FOR ELECTRICAL AND Fac±l±ty RELATED SYSTEMS WORK FOR THE PRIOR LAKE Elec. Cost MAINTENANCE BUILDING. Increase Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. A brief discussion ensued with the project architect regarding the time frame required for formal bidding. There were additional comments by the Park Director as to the need for a sand/salt storage building. 8. NEW BUSINESS: A. Consider Approval of Resolution 96-40 Denying a Variance Appeal by Jean Koenig of Planning Commission Decision in Case 96- 020VA. - The next item was introduced by the City Manager and presented by Associate Planner Mike Leek who reviewed the April 15, 1996 Staff Agenda Report regarding the appeal of a variance approval by Jean Koenig (Case Number 96-020VA). Planner Leek noted a permit has been issued for portions of the project not requiring a variance. The appeal is pursuant to the City Ordinance which requires any interested party including a neighbor to appeal a variance approval by the Planning Commission. A brief discussion ensued regarding the details of the application and the Planning Commission's action. The Mayor recognized Jean Koenig, 3821 Green Heights Trail. Ms. Koenig expressed her concern with the dimensions of the side yard M041596.DOC 6 Minutes of the Prior Lake City Council April 15, 1996 and she explained the basis for her appeal of the variance which was granted to her neighbor. She indicated that her view of the lake would be adversely affected by the proposal and thus, she felt it would lower the value of her property. Ms. Koenig indicated that many homes in the city have one car garages and that the proposed side yard would not leave room for equipment to access the back lot in order to perform site improvements and maintenance. A brief discussion ensued and Councilmember Kedrowski observed that it was his understanding the city could not consider the impact upon other person's view of the lake in granting or denying variances. The City Attorney concurred given the specific circumstances of this case. In further discussion, Councilmember Mader inquired about past practice for granting variances for two car garages and whether staff had visited the site. Planner Leek indicated that the site had been visited several times by staff. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO Koen±g APPROVE RESOLUTION 96-40 DENYING A VARIANCE Var±ance APPEAL BY JEAN KOENIG, A PLANNING COMMISSION Appeal DECISION IN THE MATTER OF REQUEST FOR VARIANCE, CASE #96-020VA. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. 9. OTHER BUSINESS: A. The Mayor indicated several items had been deferred from the Consent Agenda earlier in the meeting. 1). Consent Agenda Item 4H: - Consider Approval of Lease Agree~nent Between the City of Prior Lake and Dwane and Merlin Arndt for Lease of Municipal Parking Lot. - The City Manager introduced this item. Councilmember Mader stated that he had expressed questions to the manager about the nature of the lease and the manager had explained the situation to him. He stated that, while he supports the item at this time, he recommends the Council should avoid such situations in the future. M041596.DOC 7 Minutes of the Prior Lake City Council April 15, 1996 MOTION BY MADER, SECOND BY SCHENCK, TO VF~ Parking AUTHORIZE THE MAYOR AND CITY MANAGER TO Lot Lease EXECUTE A LEASE AGREEMENT WITH DWANE (Municil~al AND MERLIN ARNDT FOR THE RENTAL OF A Lot) MUNICIPAL PARKING LOT. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. Consent Agenda Item 4K: - Consider Approval of Pay~nent for Previously Authorized Easement Acquisition for Project 94-02 Northwood Road. The City Manager introduced this item. Councilmember Mader stated that there was apparently some variation in how the estimated cost was calculated for this appraisal work. City Engineer Anderson explained how the property values are calculated and presented to property owners in negotiations for easement acquisitions with Public Works projects. He specifically reviewed the information in the April 15, 1996 report for all of the properties that were involved. He stated the costs for the easements had been added into the costs for Project 94-02 and would be recouped from State Aid Funds and through special assessments. A brief discussion ensued regarding the determination of property values for easements. MOTION BY MADER, SECOND BY KEDROWSKI, TO AUTHORIZE THE PAYMENT OF EASEMENTS FOR Easement PROJECT 94-02 AND TO AUTHORIZE THE Acqu±s±t±on REQUIRED AMOUNT BE DEPOSITED FOR THE CONDEMNATION HEARINGS. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. 2). Consent Agenda Item 4L: - Consider Approval of a Fee Increase for Evergreen Land Services Co. for Easement Negotiation for Project 94-02 Northwood Road. The City Manager introduced this item. Councilmember Mader stated he was not clear as to the justification for an increased amount for this consultant. City Engineer Anderson explained that, per the City Council approval in January, 1995, the staff had proceeded to obtain M041596.DOC 8 Minutes of the Prior Lake City Council April 15, 1996 the necessary easements. He stated that he had verified Evergreen had spent substantial time calculating and negotiating the easements and that the city was saved substantial time and expense. Councilmember Mader stated his concern was with the over- runs and that the Council was being requested to approve an expenditure for work which had already been done. A brief discussion ensued and Councilmember Schenck inquired of the City Attorney what the ramifications would be if the additional costs were not paid. City Attorney Pace indicated she would need more time to review the particulars of the request. In further discussion, both the Mayor and Councilmember Kedrowski indicated that the Council should have been informed of the additional costs for the project when it became apparent that the additional work and time was required. MOTION BY KEDROWSKI, SECOND BY SCHENCK, Sorthwood Rd. TO TABLE CONSIDERATION OF APPROVAL OF A Fee Increase FEE INCREASE FOR EVERGREEN LAND SERVICE (Evergreen COMPANY FOR EASEMENT NEGOTIATIONS FOR Land Service) PROJECT 94-02, NORTHWOOD ROAD IN ORDER TO GET ADDITIONAL INFORMATION FROM THE CITY ATTORNEY AND STAFF. Upon a vote taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. B. The City Manager reviewed the Update Memorandum. The Update Council does not wish to activate the Assessment Committee for the Northwood Road Project given the current stage of this proposed improvement. C. Also, the proposed Minnesota Valley Transit Authority bus bench MVTA Bus policy was discussed by Councilmember Kedrowski. According to Bench Policy MVTA staff, the policy was held to be applicable to all the member communities. City staff had indicated that bus benches are not allowed in Prior Lake by the Zoning and Sign Ordinances and thus there may be a problem with MVTA agreement. Kedrowski stated he was meeting with staff and would be discussing it further with MVTA board. D. Councilmember Mader inquired about the status of The Wilds The Wilds development and the transition of ownership. There was a brief Transition of Ownership M041596.DOC 9 Minutes of the Prior Lake City Council April 15, 1996 discussion and Councilmember Mader will be meeting with the City Attorney to discuss the legal aspects of that. E. Councilmember Mader also expressed concern about the level of l~I±nutes - detail in the minutes; he felt the minutes should just reflect the Level of basic business of the Council and not be a detailed record of Deta±l discussion. He stated he recognized the need during public hearings and similar matters that relevant facts should be presented to make actions clear, but that there was not a need for extensive discussion on all matters. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT The Mayor adjourned the meeting at 9:28 p.m. She announced the City Adjourn Council would be going into an Executive Session to discuss pending litigation regarding pubhc works special assessments. The Executive Session adjourned at 9:57 p.m. The next meeting of the City Council is Mon~l~, May~990 ::30 p.m. R'ecordin~ary ' M041596.DOC 10