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HomeMy WebLinkAboutAgenda & Minutes .4. , ./ REGULAR COUNCIL MEETING AGENDA October 4, 1993 1. CALL TO ORDER..............................7:30 P.M. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MINUTES 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Third Quarter Budget Report c. Consider Approval of Election Judge Appointments d. Consider Approval of Midwest Cablevision Gross Revenue Audit e. Consider Appointments to Planning Commission and Economic Development Committee. 5. PRESENTATIONS: A. Les Sonnabend Superintendent of Prior Lake Schools Regarding the November, 1993 $1.5 Million Referendum. B. David Kroos of Boarman, Kroos Architects Regarding Sketch Plans for Main Fire Station. 6. OLD BUSINESS A. 7. NEW BUSINESS A. 8. OTHER BUSINESS A. Review AMM General Legislation Policies for 1994. 9. ANNOUNCEMENT~CORRESPONDENCE 10. ADJOURNMENT A 10493,WRT 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPlDYER MINUTES OF THE CITY COUNCIL September 20, 1993 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, September 20, 1993 at 8:10 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers Fitzgerald, Scott and White, Acting City Manager/Public Works Director Anderson, Planning Director Graser, Finance Director Teschner, Parks and Recreation Director Mangan, Planning Intern Mitchell Ci~ Attorney Kessel and Recording Secretary Birch. (Councilmember Kedrowski was absent.) 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 member Scott noted that the minutes had not been signed. MOTION BY, FITZGERALD, SECONDED BY, WHITE, TO APPROVE THE SEPTEMBER 20, 1993 MINUTES AS SUBMITTED SUBJECT TO SIGNING. Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, the motion carried. 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. Release of Easement for Lot 5, Block 2, Costello's Addition - 16044 Jordan Avenue. g Consider Approval of Ordinance 93-18 Setting Forth Standards for 1-1 - Special Industrial Districts. h. Consider Approval of Waiver of Application Fee and Security Deposit For Outdoor Concert. i. Consider Approval of Final Contingency Allocation to Larkin, Hoffman for Indian Affairs Services. MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (i). Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, the motion carried. Council agreed to open the public hearing and delay item 5 until the conclusion of the hearing. (Councilmember Kedrowski arrived at 8:17 p.m.) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQl:Jlt OPPORTUNITY EMPlDYER Prior Lake City Council Minutes September 20,1993 5. OLD BUSINESS A. Consider Approval of Resolution 93-78 Approving Plans and Specifications and Ordering Advertisement for Bids and Resolution 93-79, No Parking Restriction for Fish Point Road (Project 93-05) Within Cardinal Ridge. Larry Anderson presented details of the project and noted that the developer has agreed to assume some of the cost of the roadway by grading the southern part of the roadway. Discussion followed. Councilmember Scott noted that a portion of the write-up listing how the project will be funded had a typo, the amount for Municipal State Aid should be $393,000.00 (not $93,000 as indicated). MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO ADOPT RESOLUTION 93-78 AND 93-79 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON FISH POINT ROAD (PROJECT 93-05). . Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. B. Consider Approval of 1994-1998 Capital Improvement Program and Supportive Revenue Fee Increases. - Acting City Manager Anderson introduced the item and turned the meeting over to Finance Director Teschner who presented overheads reviewing identified projects for 1994 and discussed funding sources for funding of the projects. Discussion occurred regarding amortization of the CSAH 44 project over a ten year period, the necessity for a facility to store sand and salt indoors as mandated by the State Legislature, collector street fees, SAC & WAC charges, water tower charge, park support and trail fees. Further discussion occurred regarding County road priorities and other CIP items such as the parking lot at Sand Point Park. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE 1994-1998 CAPITAL IMPROVEMENT PROGRAM WITH THE EXCEPTION OF CSAH 44. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. MOTION BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE FEE INCREASES AS OUTLINED, AND DIRECT STAFF TO INCORPORATE NEW AMOUNTS IN ORDINANCE FORM WHERE APPROPRIATE AND MAKE NECESSARY REVISIONS WITHIN THE CITY'S ASSESSMENT PROJECTS. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. -2- Prior Lake City Council Minutes September 20, 1993 MOTION BY KEDROWSKI, SECONDED BY FITZGERALD, TO ESTABLISH PRIORITIES FOR COUNTY ROAD IMPROVEMENT PROJECTS. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. C. Consider Approval of Resolution 93-76 Authorizing Feasibility Report for Proposed 1994 Capital Improvement Program. MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO ADOPT RESOLUTION 93-76 ORDERING PREPARATION OF REPORT ON 1994 IMPROVEMENT PROJECTS. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. 6. PUBLIC HEARING - 8:00 P.M. (This item was heard before items 5 A, B & C.) Mayor Andren called the public hearing to order at 8:15 p.m. and read the public notice as it appeared in the Prior Lake American on September 4 and 11, 1993 for the following: A. Consider Approval of Resolution 93-80 Authorizing Tax Increment Financing for Waterfront Passage Business/Office Park. Acting City Manager Anderson introduced the item and turned the meeting over to Roger Guenette who reviewed details of Tax Increment Financing District 2-1 for a project in the Waterfront Passage Business Park (A & H Enterprises, LLC. doing business as Key-Land Homes) which the Economic Development Authority had approved on September 7, 1993. Guenette discussed the tax capacity, local government aid impact, estimated net increment and safeguards regarding debt service payments. Guenette then reviewed the Development Agreement and clarified several details in relation to the water management, soil correction costs, the City's limit to exposure, responsible party in case of a shortfall, etc. Discussion occurred regarding fiscal disparities and shortfall of increment which is to be guaranteed by the developer should one occur. Gary Horkey of A & H Enterprises, LLC. addressed the Council and gave a brief background of the company. Mr. Guenette noted that the date of the Resolution should be September 20 not 21 as indicated on the present Resolution. Mayor Andren opened the meeting for public input, there was none. -3. Prior Lake City Council Minutes September 20,1993 Mr. Guenette noted that the original Developer's Agreement has been replaced by an amended Developers Agreement. MOTION BY KEDROWSKI, SECONDED BY WHITE, TO ADOPT RESOLUTION 93-80 APPROVING TAX INCREMENT FINANCING DISTRICT NO. 2-1 AND THE USE OF TAX INCREMENT FINANCING. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. MonON BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE AMENDED DEVELOPERS AGREEMENT. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald. Scott and White, the motion passed unanimously. Mr. Guenette thanked City Manager Frank Boyles, Assistant City Manager Kay Kuhlmann and city staff for their help. Mayor Andren thanked Economic Development Committee Chairman, Bob Barsness and the Economic Development Committee for their work on the project. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO ADJOURN PUBLIC HEARING. Upon a vote taken. ayes by Andren, Kedrowski. Fitzgerald, Scott and White, the motion passed unanimously. 7. NEW BUSINESS A. Consider the Following Issues for The Wilds: - Planning Director Graser presented details of the actions required by Council as follows: 1. Confirm City Council approval of Comprehensive Plan Amendment following September 9, 1993 Metropolitan Council Action. Planning Director Graser discussed the land use plan and the suggested action for Council. MOTION BY SCOTT, SECONDED BY KEDROWSKI, TO ADOPT RESOLUTION 93-81 CONFIRMING THE CITY COUNCil'S APPROVAL OF AN AMENDMENT OF ITS COMPREHENSIVE LAND USE PLAN TO MODIFY THE YEAR 2000 URBAN SERVICE AREA WITHIN THE CITY TO AllOW DEVELOPMENT OF THE WILDS GOLF CLUB AND RESIDENTIAL PUD. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. -4. Prior Lake City Council Minutes September 20,1993 Graser then discussed the responses the City has received from the publication of the Wilds EAW. Only the DNR response was received by the deadline of September 15. Comments from the PCA and Metropolitan Council were received on Monday, September 20. None of the comments received from those agencies contained substantive concerns which would require an EIS. Planner Graser suggested that although the city is not obligated to respond to comments received after the September 15 deadline, he recommended that Council amend the prepared response (attached to the negative declaration) to address all identified concerns. Planner Graser distributed a hand written response which the Council accepted and directed that the response be included in the negative declaration. Planner Graser also discussed the DNR comments and Prior Lake's response and stated that staff had addressed all the comments and were of the opinion that an EIS was not necessary or recommended. MOTION BY WHITE, SECONDED BY FITZGERALD, TO APPROVE RESOLUTION 93-82 ADOPTING THE NEGATIVE DECLARATION FOR PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE WILDS GOLF CLUB AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (THE PROJECT) BASED UPON AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) PREPARED PURSUANT TO MINNESOTA RULES, CHAPTER 4410. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. 2. Consider Approval of Consolidation of The Wilds PUD. Planning Director Graser discussed amending the PUD ordinance allowing multiuse PUD's which has been done, and stated that the Planning Commission had earlier rescinded resolutions approving the PUD and the developer has incorporated all 580 acres under one umbrella. A short discussion occurred regarding the PUD. MOTION BY KEDROWSKI, SECONDED BY WHITE, TO RESCIND RESOLUTION 93-54 AND ADOPTING RESOLUTION 93-83 APPROVING THE SCHEMATIC AND PRELIMINARY PUD PLAN FOR THE WILDS. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. Graser briefly reviewed Ordinance 93-25 amending Prior Lake City Code Section 5-2-1 and Prior Lake Zoning Ordinance No. 83-6, Section 2.1 . .5. Prior Lake City Council Minutes September 20, 1993 A MOTION BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE ORDINANCE 93-25 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, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at: 9:45 p.m. B. Consider Approval of Variance Appeal by John Beaupre. Planning Director Graser presented details of the request and reviewed the history of the subject property, and discussed the fact that a side yard variance for long narrow lots can be requested on grounds that a narrow lot constitutes a hardship when a dwelling is already in existence on the lot. Staff recommended that an additional 3 foot side yard variance be granted. The applicant, John Beaupre, 5504 Candy Cove Trail, presented a petition signed by the adjoining neighbors who were favor of the garage. Mayor Andren entered the petition into the record. Mr. Beaupre discussed the proposed construction and presented drawings of the site and the garage as it would appear attached to the house. A short discussion occurred regarding the setting of a precedence and drawing distinctions regarding hardship. Council also discussed the criteria for declaring a hardship and stated that the adjacent home to the west should have a setback of at least twenty feet from the common property line. Andrea Wiek, 15267 Fairbanks Trail, had a question as to whether the twenty foot setback would affect their property and whether the construction would affect their large maple tree located near the lot line. Discussion occurred regarding damage to the tree. Mr. Beupre stated he had checked with the Arboretum and the University of Minnesota as well as a couple of his contractors. Mr. Beaupre stated that their general opinion was that there would be no lasting damage to the tree, but they could not guarantee it. Mr. Beaupre stated that he was as interested in preserving the tree as the Weiks were. Discussion occurred on drainage of the lot. MOTION BY FITZGERALD, SECONDED BY WHITE, TO APPROVE A FIVE FOOT SIDE YARD VARIANCE FOR JOHN BEAUPRE, AND ADOPTING THE STAFF RECOMMENDATIONS 1 THROUGH 4 BASED ON THE FOllOWING FINDINGS OF FACT: * LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CREATE A HARDSHIP. -6- Prior Lake City Council Minutes September 20, 1993 * THE 3 FOOT SIDE YARD VARIANCE TYPICAL TO A DUAL VARIANCE LOT WOULD PRECLUDE A DOUBLE GARAGE THUS CREATING AN UNNECESSARY IMPOSmON TO OWNER DUE TO THE MINNESOTA CLIMATE. * THE HOME IS AN EXISTING STRUCTURE WITH NO GARAGE. * THE ADJACENT HOME IS IN EXCESS OF 20 FEET FROM PROPERTY LINE. * NO NEIGHBORHOOD OPPOSITION HAS BEEN FOUND. Upon a vote taken, ayes by Andren, Kedrowski, Fitzgerald, Scott and White, the motion passed unanimously. 8. OTHER BUSINESS A. Discussion of City Manager's Memo Regarding Re-evaluation of Landscape Ordinance. Councilmember Kedrowski discussed his concern regarding center island and costs associated with the maintenance of the island plant material. Discussion occurred regarding irrigation of center islands. MOTION BY WHITE, SECONDED BY SCOTT THAT COUNCIL NOT RECONSIDER THE LANDSCAPE ORDINANCE. Upon a vote taken, ayes by Andren, Scott and White, nays by Kedrowski and Fitzgerald. The motion carried. B. Consider Method for Conducting City Manager's Performance Evaluation. - Mayor Andren requested that the Council discuss whether the City Manager's performance evaluation should be conducted as in the past using a subcommittee or to use Jim Brimeyer's format. Council concurred that the preformance evaluation should be conducted through Jim Brimeyer's format. A timeline will be distributed to complete the process. 9. ANNOUNCEMENT~CORRESPONDENCE A. Mayor Andren stated that she had received three letters declining the City's invitation to attend the ground breaking ceremony for Waterfront Passage Business/Office Park. The letters were from the Governor's office, Stephen Erickson of the Minnesota Economic Development Department and Commissioner Dick Underferth. The letters will be placed in the appropriate file. Council member Scott requested that staff look into erecting a larger stop sign at the intersection of Main Street and County Road 21. Larry Anderson stated that he would contact Scott County concerning the stop sign. .7- Prior lake City Council Minutes September 20, 1993 The Council meeting was adjourned for an attorney/client closed session ,to discuss upcoming litigation regarding Johanna Bang and Gary Thomas. Recessed at 10:45 p.m. The closed Attorney/Client session was called to order at 10:46 p.m. by Mayor Andren, those present were: Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott and White, Acting City Manager Anderson, Planning Director Graser, Planning Intern Gina Mitchell, City Attorney Kessel and Recording Secretary Birch. 10. ADJOURNMENT There being no further business, the meeting adjourned at 11 :55 p.m. by general consent of the Council. ,,/ ,/ I The next Council meeting will be Monday, October 4, 19i3 8f 7:3Q,p.m. , /' f c~r). a~. ager/,. f l< tL fi.-.AA"}\ Recording Secretary -8.