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HomeMy WebLinkAboutAgenda & Minutes ; \: l c. i/ v -~~ REGULAR COUNCIL MEETING AGENDA November 1, 1993 1. CALL TO ORDER ........................7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MINUTES AND MINUTES OF SPECIAL COUNCIL MEETING. 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Establishing Assessment Hearings and Declaring Costs to be Assessed for the Following Projects: . Project 93-11 Waterfront Passage Business Park, Resolution 83-89 and 93-92. . Project 93-12 Lime and Center Road, Resolution 93-91 and 93-94. . Project 92-13 Forest Circle and Forest Oaks, Resolution 93-90 and 93-93 c. Consider Authorization of CSAH 17 Cooperative Payment to Scott County. 5. PRESENTATIONS: A. Consider Chamber of Commerce Request for City Financial Support for an Executive Director Position. 6. OLD BUSINESS A. Consider Restrictive Covenant on Lakefront Park Access as Requested by David and Dorothy Watzl. B. Consider Approval of Resolution 93-85 Authorizing Final Plat of West Edge Estates . 7. NEW BUSINESS A. Review of Proposed 1994 AMM Legislative Policies. B. Consider Grant Application to Board of Innovation and Cooperation. 8. OTHER BUSINESS 9. ANNOUNCEMENTS/CORRESPONDENCE 10. ADJOURNMENT Al1193.wRT 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MINUTES OF THE PRIOR LAKE CITY COUNCIL Monday, October 18, 1993 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, October 18, 1993 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Fitzgerald, Kedrowski, Scott and White, City Manager Boyles, City Planner Graser, City Engineer Anderson, Parks and Recreation Director Mangan, City Attorney Kessel and Recording Secretary Birch. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - Council noted on page 1, paragraph 6 ...Motion by White, Seconded by White...should be changed. Motion by White, Seconded by Fitzgerald... and on page 2, paragraph 3...Councilmember Kedrowski arrived at 8:50 p.m.... should be changed to: 7:50 p.m. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE OCTOBER 4,1993 MINUTES AS AMENDED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Warden Report c. Consider Approval of Building Permit Report d. Consider Approval of Fire & Rescue Report e. Consider Approval of Treasurer's Report f. Consider Adopting Resolution 93-86 Declaring October 27, 1993 as Unfunded Mandates Day g. Consider Approval of Ordinance 93-26 Designating West Edge First Addition as P.U.D. 8-93 on the Official Zoning Map MOTION BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (g). Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN E~ OPPORTUNITY EMPLOYER Prior Lake City Council Minutes October 18,1993 5. OLD BUSINESS A. Consider Approval of Amendment to TItle 3, Chapter 8, Prior Lake City Code, Ordinance 93-10, Relating to Pull Tab Ucenses - Council member Kedrowski withdrew from discussion on the issue and vacated the council table. City Manager Boyles discussed proposed changes In the ordinance which Included: The provision that an organization must conduct its meetings at least 75% of the time within the City of Prior Lake. Up to 25% of the meetings may take place outside of the community, and also that ten percent of the organization's net profits must be donated to the City. Mayor Andren opened the meeting for public comment. Jim Speiker, past commander of VFW, asked if the 10% would be cumulative. Gary Allen, Gambling Manager for VFW, expressed concern regarding whether their organization would receive credit for ongoing programs to which they regular1y contribute. Gordon Affield, President of the Lions Club stated that their club had no problem with the ordinance, and that they support the concept that gambling profits be contributed to the City of Prior Lake. Tom Vogel, Grand Knight of the Knights of Columbus, inquired as to whether the 10% donation would be drawn from an organization's entire gambling proceeds or just from the proceeds acquired within the City of Prior Lake. Extensive discussion occurred with regard to forming a committee consisting of the Gambling Managers and the City Manager to discuss the ordinance further with regard to distributions, the elimination of the 10% requirement, the definition of community etc. MOTION BY ANDREN, SECONDED BY WHITE, TO ADOPT ORDINANCE 93-10 AND ELIMINATE SECTION 3-8-5 WITH REFERENCE TO 10% DONATION. (no vote taken). MOTION BY WHITE, SECONDED BY FITZGERALD TO TABLE DISCUSSION ON THE ORDINANCE. Upon a vote taken, ayes by Fitzgerald, Scott and White, nay by Andren (Kedrowski not voting). The motion carried. Representatives of the organizations and Councilmembers concluded that several questions should be addressed such as: Whether 100% of proceeds must be utilized in the community, what is defined as community? What is a qualifying organization? A short recess was called. The meeting reconvened at 8:45 p.m. -2- Prior Lake City Council Minutes October 18, 1993 B. Consider Approval of Resolution 93-84 Approving Final Plat for Cardinal Ridge First Addition, Developer's Agreement and Ordinance 93-27 Designating the Parcel as a Planned Unit Development (PUD) 6-93 - Planner Graser introduced the item and summarized the process to date whldl Induded a discussion of the Council's previous approval of the preliminary plat. Councilmember Scott questioned Mr. Graser with regard to Resolution 93-40, Section 2 which states that a 5 foot variance from the garage side is allowed for all lots. The minutes of June 7, page 6 indicate that this setback was granted only for the 46 lots which were considered "substandard". Mr. Graser stated that this oversight would be corrected. A discussion occurred regarding a sidewalk in the development along the southern most roadway. Councilmember Kedrowski asked Parks Director Mangan to comment. Mangan stated the sidewalk will be discussed during the Phase four development and he would work with the developer in delineating the sidewalk, neighborhood park and off street parking at that time. Greg Klugherz, 5890 Hidden Oaks Circle, questioned whether the substandard lots were buildable and whether the variance would create an undesirable precedence for the neighborhood. Council replied that this is a Planned Unit Development (PUD) which allows for higher density to receive greater amounts of green space to preserve the natural features of the land. MOTION BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE RESOLUTION 93-84 SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT OF CARDINAL RIDGE FIRST ADDITION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE ORDINANCE 93-27 AMENDING PRIOR lAKE CITY CODE SECTION 5-2-1 AND PRIOR lAKE ZONING ORDINANCE NO 83-6 SECTION 2.1 Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. -3- Prior Lake City Council Minutes October 18, 1993 C. Consider Approval of Resolution 93-88 Approving Award of Bid for Project 93-05 Fish Point Road Improvements - City Manager Boyles announced that bids had been received. City Engineer Anderson discussed the bids received for the Fish Point Road Improvements and reviewed actions to be taken prior to the bidding. Mr. Anderson stated that the Improvements would be contingent upon approval by the Department of Transportation. Mr. Anderson recommended Council award the bid to Enebak Construction Company of Northfield who submitted the lowest bid of $322,924.92. This bid Is substantially below the engineer's estimate. MOTION BY FITZGERALD, SECONDED BY KEDROWSKI TO APPROVE RESOLUTION 93-88 AWARDING THE BID TO ENEBAK CONSTRUCTION COMPANY FOR THE lOW BID OF $322,924.92 FOR PROJECT NO. 93-05, FISH POINT ROAD IMPROVEMENTS. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 6. NEW BUSINESS A. Consider Supporting and Sponsoring 1994 Prior Lake-Spring Lake Improvement Projects and Consider Adopting Resolution 93-87 - City Manager Boyles introduced Water Resources Coordinator, Joel Rutherford, who began by thanking Bill Dilks of the Prior Lake-Spring Lake Watershed District. Rutherford discussed the cooperative project between the City and the Watershed Board for the purpose of leveraging additional funds through grants for water quality improvement projects over the next six years. Mr. Rutherford discussed the grant application and the need to show broad based support from various agencies (Scott County, City, Watershed and the DNR). Discussion occurred regarding a yearly review and evaluation by Council of the proposed work, the City's current efforts in water clean up, who would control the grant money and timing of the projects. MOTION BY WHITE, SECONDED BY SCOTT, TO APPROVE RESOLUTION 93-87 AUTHORIZING A JOINT PARTNERSHIP FOR THE CLEAN WATER PHASE II PROJECT IMPLEMENTATION GRANT IMPROVEMENT PROJECTS WITH THE PRIOR lAKE-SPRING LAKE WATERSHED BOARD. Councilmember Kedrowski requested that the Watershed submit a budget on this project. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. -4- Prior Lake City Council Minutes October 18, 1993 7. OTHER BUSINESS A. Consider Proposed 1994 AMM Legislative Committee Policies - Council deferred discussion of the policies until November 1, 1993. B. Cooperative Efforts With the School District - City Manager Boyles reviewed the issue and recommended that a Committee be formed consisting of two city representatives and two School District representatives for the purpose of exploring in a more detailed way conceptual proposals for joint School District and City cooperation. Council concurred that City Manager Boyles and Councilmember Kedrowski be appointed to join School Superintendent Les Sonnabend and a School Board Member designated by the Board Chair. MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPOINT COUNCILMEMBER KEDROWSKI AND CITY MANAGER BOYLES TO REPRESENT THE CITY ON THE COMMITTEE. C. Review of Draft 2010 Transportation Plan - City Manager stated that a draft transportation plan has been prepared by Strgar, Roscoe and Fausch. He suggested the Council should review the draft before the remainder of the 2010 Plan is completed late next year. Council concurred that the 2010 Transportation Plan should be placed on the agenda in January. D. Two citizen groups from Prior Lake and Credit River expressed their concerns regarding possible groundwater contamination as a result of the proposed Prior Lake Aggregate and BMI mining expansion. After extensive discussion, Council directed that City Manager Boyles send a letter with a hold harmless phrase to the City of Savage applauding them for conducting a soil boring tests and requesting that they furnish the City of Prior Lake with the results of the tests and recommending that sufficient time be provided for all agencies to review the test results before the City Council takes action. E. Linda Stark, 16555 Five Hawks, representing the Priorwood Townhome residents was present to express concern regarding traffic at the intersection of Highway 13 and Five Hawks Avenue and numerous other matters. City Manager Boyles stated that he had been in contact with Mr. & Mrs. Foos and had asked that a neighborhood meeting be scheduled to discuss the issues. Council advised Ms. Stark that she should contact the Priorwood Townhome residents regarding a date to meet with City Manager Boyles, City Engineer Anderson and Police Chief Powell. Sharon Erickson, 16583 Five Hawks, also expressed concerns regarding location of the bus stop in their circle. Council advised her to contact the School District on this matter. -5- Prior Lake City Council Minutes October 18,1993 8. ANNOUNCEMENTS/CORRESPONDENCE Special EDC Meeting - City Manager Boyles announced that the Economic Development Committee would be conducting a special meeting on Tuesday, October 19, at 7:30 p.m. to discuss the Wilds. City Manager Boyles also requested that Council hold a special meeting to consider approval of the Wilds Final Plat. Council concurred that a special meeting would be held on Friday, October 22 at 11 :00 a.m. In the Council Chambers and directed staff to post the notice. 9. ADJOURNMENT to executive session at 10:30 p.m. . EXECUTIVE SESSION: Mayor Andren called the Executive Session to order for the purpose of considering Issues Relating to Labor Negotiations. at 10:35 p.m. - those present were: Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott and White, City Manager Boyles, Public Works Director Anderson, Parks and Recreation Director Mangan, City Attorney Kessel and Recording Secretary Birch. There being no further business the meeting adjourned at 11: 1 0 p.m. The next regular Council meeting will be Monday,--Novemqar 1, 1993 at 7:30 p.m. 'l .( \/"'.~. / 1(1 r V'! ~ '"" , " ---.:.. I CityManager .r' . ~/ - '-J/-i._/ f o~-(. iC'/l.- Recording Secretary -6- MINUTES OF THE PRIOR LAKE CITY COUNCIL SPECIAL MEETING October 22,1993 1. CALL TO ORDER Mayor Andren called the special Council meeting to order at 11 :05 a.m., on Friday, October 22, 1993 in the City Council Chambers. Present were: Mayor Andren, Councilmembers Kedrowski, Scott and White, City Manager Boyles, City Planner Graser, City Engineer Anderson, Assistant City Manager Kuhlmann and Recording Secretary Birch. (Councilmember Fitzgerald was absent). Discussion on the item was delayed approximately 30 minutes for the arrival of Attorney Bob Hoffman who was bringing the finalized portion of the Developer's Agreement. -- City Manager Boyles discussed the following items: a. A Letter to City of Savage, City Administrator Mark McNeill, regarding the Prior Lake Aggregate and BMI mining expansion which Council had directed be written. Mr. Boyles distributed a draft of the letter and asked if Council had any changes or comments. After some questions and comments, Council directed Mr. Boyles to send the letter. b. The other items discussed were in Mr. Boyles' Weekly Update memorandum regarding: 1) Watershed appointments. Council directed Mr. Boyles to put the notice in the paper soliciting applicants for the Watershed Board position being vacated by Rick Adams. 2) recommendation that Council consider conducting a public forum before the first Council meeting of each month. Council concurred that the public forum should be implemented on January 1. Council questioned whether the acquisition of Juran and Moody would affect the City's bonds in any way. Council directed Finance Director Teschner to investigate the matter and report. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes October 22, 1993 2. Consider Approval of Resolution 93-95 Final Plat and Approval of Resolution 93-96 for Planned Unit Development for the Wilds - Planning Director Graser gave a brief presentation and review of the history of the Wilds and discussed changes which had occurred In the platting process, future plans etc. City Manager Boyles stated that because of the unique characteristics of this development the standard Developer's Agreement was not used in this case, but a completely new Developer's Agreement was prepared. Public Works Director Anderson reviewed construction details with regard to the sewer, water main, power line relocation, booster station to elevate pressure, back up system for emergencies, oversized generator etc. Anderson outlined the areas for which the Developer would be responsible and discussed details of the Letter of Credit, Performance Bond and Warranty Bond requirement. Anderson then reviewed the Developer Costs, Phase I and City Cost Phase I and noted for the record that the Developer owes the City $1,609,906.00 and the City owes the Developer $1,270,695.00. These fees will be paid as outlined in the Agreement and noted for the record that these are the bottom line dollar amounts to be paid, there are no adjustments. Any modifications to the plans will be paid for by the Developer. The difference between the two numbers ($339,211) will be paid to the City before December 31, 1993. This is somewhat different than our policy to require all fees at plat release. The deferred payments are because of the golf course and the fact that these outlots are being included as part of the first phase. The golf course was assessed a full trunk sewer and water costs and one-half storm water drainage fee based upon the fact that a golf course creates about one-half the drainage of residential property. The Developer is responsible for approximately $125,000 for Oakes Lane improvements and $250,000 for County Road 83 intersection improvements. The Agreement requires the developer's participation in these tests, since these roadways provide access to the project. City Manager Boyles noted two technical changes in the Developer's Agreement. Dick Burtness addressed the Council and thanked the Mayor, Councilmembers and City staff for their willingness and dedication to see this project through. Mayor Andren expressed thanks on behalf of the entire Council to the staff and Attorney Bob Hoffman for a job well done. MOTION BY KEDROWSKI, SECONDED BY WHITE TO ADOPT RESOLUTION 93-95 APPROVING THE FINAL PUD PLAN FOR THE WILDS. Upon a vote taken, ayes by Andren, Kedrowski, Scott and White, the motion carried. Prior Lake City Council Minutes October 22, 1993 MOTION BY SCOTT. SECONDED BY WHITE TO ADOPT RESOLUTION 93-96 SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT OF THE WILDS. Upon a vote taken, ayes by Andren, Kedrowski, Scott and White, the motion carried. MOTION BY KEDROWSKI, SECONDED BY SCOTT TO ADJOURN THE MEETING. Upon a vote taken, ayes by Andren, Kedrowski, Scott and White, the motion carried. There being no further business, the meeting adjourned Recording Secretary Ml0223.wRT