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HomeMy WebLinkAboutAgenda & Minutes t i REGULAR COUNCIL MEETING AGENDA February 7, 1994 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 Temporary 3.2 Liquor License for The Prior Lake Amateur Baseball Association. c. Consider Purchase of Open Meeting Law Defense Cost Insurance d. Consider Approval of Ordinance 94-04 Amending Prior Lake City Code, Title 9, Chapter 3, "Public Waters" Affecting Surface Water Usage. 6. PUBLIC HEARINGS: 7:45 P.M. A. Conduct Public Hearing to Consider an Administrative Land Division and Variance Application for Brad and Tina King. 7. OLD BUSINESS A. Consider Resolution 94-09 Denying the Preliminary Plat of Red Oaks Second Addition. B. Consider Approval of Resolution 94-08 Approving the Final Plat for the Echos First Addition. 8. NEW BUSINESS A. Discussion of Appointments to the Prior Lake/Spring Lake Watershed District. B. City Manager's Performance Evaluation. 9. OTHER BUSINESS 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A20794.WRT 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T r MINUTES OF THE CITY COUNCIL Tuesday, January 18. 1994 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Tuesday,January 18, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers, Greenfield, Kedrowski, Scott and Schenck, City Manager Boyles, Planning Director Graser, Public Works Director Anderson, 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 - Councilmember Scott noted that on page 9, paragraph 4, line 2, the word 1b.eiI had been repeated twice. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO APPROVE THE JANUARY 3, 1994 MINUTES AS AMENDED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of Animal Control Report c. Consider Approval of Building Report d. Consider Approval of Fire and Rescue Report e. Consider Approval of Treasurer's Report f. Consider Approval of Preliminary Budget Report g. Consider Approval of Preliminary 1993 Fourth Quarter Budget Report MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE CONSENT AGENDA ITEMS (a ) THRU (g) Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. 5. PRESENTATIONS A. Presentation of the Lake Advisory Committee's Annual Report - Lake Advisory Committee Chair, Dave Vinlove, reviewed the Lake Advisory Committee's Annual Report section by section, and 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQJAL OPPORTUNITY EMPLOYER . -"-~'-""'T"'."'-r--"'''.-----;'--'' Prior Lake City Council Minutes January 18, 1994 discussed the status of each. Council members expressed their appreciation to Mr. Vinlove for the Committee's dedication and accomplishments over the past two years. 6. PUBLIC HEARINGS: - 7:45 p.m. A. Conduct Public Hearing to Consider Ordinance #94-04 Amending Prior Lake City Code, Title 9, Chapter 3, "Public Waters" Affecting Surface Water Usage. Mayor Andren called the public hearing to order at 7:50 p.m. City Manager Boyles discussed the two issues (preservation of property and surface water management), reviewed the process prior to this meeting and explained the options for Council consideration: Adopt either the original or the revised ordinance with modifications (provided they can be approved by the DNR) or table the item. Dave Vinlove presented a summary of the two ordinance alternatives (perpetual slow no-wake zone within 150 feet of lakeshore, speed limits for day time and night time and days of the week they are to be in effect) and less controversial points of the ordinance. The following persons addressed the Council with regard to the ordinance: Jim Weninger, 2591 Spring Lake Road, expressed concern that Spring Lake would experience a higher number of boaters as a result of the ordinance, and requested that Council work with Scott County to discuss the issue. Mike Mankowski, 3171 Butternut Circle, against any ordinance on lake. Roger Soderstrom, 5400 Candy Cove, expressed concern about several aspects of the ordinance and its possible affect on his business. Sheriff Bill Nevin, reviewed sections of the ordinance pertaining to speed limits, the judgment of distance from shore and enforcement of the ordinance. Council concurred that a periodic review with the Sheriff's department should be conducted in order to better assess the lake situation regarding any problems which may have occurred during the summer. Water Resource Coordinator, Joel Rutherford, stated that the DNR only allows two options for regulating distance from shore: either 100 feet or 150 feet. Mayor Andren discussed letters she had received from people in Kopps Bay and Shady Beach who expressed concern over the unsafe conditions on the lake and requested that safe, protected areas be set aside for swimmers, fishers, rowers, etc. Discussion occurred on the footage from shore restrictions. William Packer, spoke in favor of a 150 foot buffer and Peter Patchin, spoke in support of the ordinance. Joe Martin, spoke in opposition to the ordinance. -2- ..,....-----.... Prior Lake City Council Minutes January 18, 1994 Mayor Andren entered letters into the record from the following residents who were in favor of more restrictive ordinances or were for the ordinance as it is written: Prior Lake Sportsmans Club, Wesley Mader, Sherri Knutson, Patrice Daniels, Jody Reierson, Teresa Schroth (speed limits on holidays) Bob Kelly and Bruce Jorgenson (attemative ordinance). Discussion occurred on the definition of "most direct route", density of boats on the lake presently and in the future, monitoring of enforcement by the Sheriff's department, effective marking of the eurasian milfoil treated areas and effective educational programs for safer boating. MOTION BY SCOTT, SECONDED BY GREENFIELD, TO APPROVE ALTERNATE ORDINANCE 94-04 WHICH SPECIFIES TWENTY (20) MILE PER HOUR SPEED LIMIT FROM ONE HOUR AFTER SUNSET TO SUNRISE THE NEXT DAY, AND FORTY (40) MILES PER HOUR SPEED LIMIT FROM SUNRISE TO ONE HOUR AFTER SUNSET ON WEEKENDS AND HOLIDAYS, WITH THE CONTINGENCY THAT THE CITY ATTORNEY REVIEW THE WORDING ON PROVISION 9-3-5 (most direct route through the water and 9~3-6 which specifies fifty (SO) feet from Eurasian milfoil marker indicating treated areas) AND MAINTAIN THE ONE HUNDRED FIFTY (150) FEET FROM SHORE NO WAKE SECTION City Manager Boyles gave the following clarification: Motion and second to adopt Alternate Ordinance 94-04 amending the following provisions: 1. 9-3-5 - Sub A - to read "no watercraft towing a person on water ski, aquaplane or similar device shall be operated at any time in a perpetual Slow No-Wake zone provided, however, that any watercraft launching or landing of a person with water skis, aquaplane or similar device by the most direct and safe route to open water or shore shall be exempt from this subparagraph A." (Attorney to clean up the language to meet the intent). 2. 9-3-6- A - would be amended to read: '1he maximum speed limit for watercraft on Prior Lake from one hour after sunset to sunrise the following day shall be twenty (20) miles per hour. The maximum speed limit for watercraft on Prior Lake from sunrise to one hour after sunset on all weekends and legal holidays occurring from Memorial Day weekend through Labor Day shall be forty (40) miles per hour ~ 3. 9-3-6- B - "No persons shall use an inflatable water toy, air mattress or inner tube more than one hundred and fifty (150) feet from shore unless attached to a watercraft." -3- . <--........_~'_.,~"--.-_._"--'"T""'"'--~----y--._-~......-.___~__".b,,, .~.-.. .._.___~"._.,.,..-...~ . Prior Lake City Council Minutes January 18, 1994 4. 9-3-6- E - "all swimmers who are outside the 150 feet buffer zone shall be accompanied by a watercraft." 5. No person shall launch or operate a watercraft within 50 feet of any yellow Eurasian Milfoil marker buoy. (Attorney to reword and clarify intent). Councilmember Schenck indicated that he was uncomfortable voting on something that is to be "cleaned up" without seeing it first. Mayor Andren stated that it would be placed on consent agenda and if any Councilmember wished to discuss the ordinance, they could request it be withdrawn from the consent agenda for further discussion. Additional discussion occurred regarding enforcement of the ordinance. Upon a vote taken, ayes by Andren, Greenfield and Scott. Nays by Kedrowski and Schenck. Motion carried. A short recess was called. The meeting reconvened at 10:00 p.m. The Public Hearing still being in progress, further discussion occurred regarding the parking of vehicles with trailers at Sand Point. It was noted that the agreement with the DNR allows parking during Walleye and Northern fishing season (opening day, May 14) through June 5. (No changes were made to this provision). Council directed staff to review the fee schedule for parking of vehicles with trailers at Sand Point Beach. Councilmember Greenfield requested that staff review any existing ordinances relating to surface water which might be inconsistent with the proposed ordinance and bring the two into consistency. Discussion also occurred regarding methods of educating people regarding the water surface management ordinance. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. 7. OLD BUSINESS A. Review the Exemption Applying to School Property in Regard to Storm Water Management Utility Fees - City Manager Boyles stated that when the Council adopted these fees they granted the schools a one year moratorium. The schools have been advised that they would be subject to the fees. Water Resources Coordinator Rutherford briefly reviewed the issue with Council. -4- -.............--...-.-.--........ ........-...-..-.. ..--r---y---....--,--.-.-.--........--.... Prior Lake City Council Minutes January 18, 1994 No action was required by Council as the Ordinance has already been enacted and fees will automatically apply to the schools. 8. NEW BUSINESS A. Consider Resolution 94-01 Adopting the Permanent Rules for Administering the Wetland Conservation Act. Water Resource Coordinator Rutherford briefly reviewed the permanent rules with Council. MOTION BY KEDROWSKI, SECONDED BY SCOTT TO ADOPT RESOLUTION 94-01 ADOPTING THE PERMANENT RULES OF THE WETLAND CONSERVATION ACT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. B. Introduce and Discuss the Proposed Development of a Wetland by Mark Hyland. Mark Hyland addressed the Council regarding his proposal to develop a wetland on his property for the purposes of growing hybrid, dwarf water lilies. Discussion occurred regarding the possible spread of the water lilies. Public Works Director Anderson suggested that staff research this issue with the DNR for their comments. Further discussion occurred regarding the zoning of this property in relation to the Comprehensive Plan. Mr. Hyland will again request Council feedback in March once the Council has made some decisions regarding the 2010 Comprehensive Plan. C. Consider Approval of Resolution 94-06 Amending the Wilds Planned Unit Development (PUD). Director of Planning Graser presented details of the proposal to amend the Wilds PUD. He stated that he has some concerns regarding the impervious surface coverage ratio and its application to proposal to build large homes on the existing lots. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO ADOPT RESOLUTION 94-06 AMENDING THE WILDS PLANNED UNIT DEVELOPMENT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. -5- ._.._......._.__._.._."..'<f-..__.__._...._~.. ..."",_.".', -.-.,-.---,.-.-.----..~-,-_.."-.--..*< ... ........-..-..'T..............-.---i-... . Prior Lake City Council Minutes January 18, 1994 9. OTHER BUSINESS City Manager Boyles requested Council consider adopting a Resolution accepting Feasibility Study and calling for a public hearing on 1994 improvement projects. The new dates contemplated in the revised ordinance will allow the Council to receive additional data and discuss the special assessment policy. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO ADOPT RESOLUTION 94-07 ACCEPTING FEASIBILITY STUDY AND CALLING FOR A PUBLIC HEARING ON IMPROVEMENT OF 1994 PROJECTS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. MOTION BY KEDROWSKI, SECONDED BY ANDREN, AUTHORIZING THE EXPENDITURE OF AN ESTIMATED $10,500 FOR THE APPRAISALS NECESSARY FOR THE PRIOR SOUTH AND NORTHWOOD ROAD PROJECT TO BE TAKEN OUT OF THE CITY'S CONSTRUCTION FUND Discussion occurred regarding the procedure and whether it would benefit the city in the long run. Attorney Kessel rendered an opinion with regard to the general appraisal. Council concurred that a workshop should be held to discuss the Assessment Policy and the appraisal process. February 28 was set as the date to hold the workshop. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. 10. ANNOUNCEMENTS/CORRESPONDENCE City Manager Boyles reminded Council of the Workshop on January 21 and 22 and the annual Chamber of Commerce dinner to be held at the Hollywood Bar and Grill on January 28. Councilmembers who are interested in attending should contact Dee Birch Council discussed the date for a breakfast meeting with Metropolitan Council representatives. They concurred that February 23 at the Lakers would be acceptable. City Manager Boyles was instructed to set up the meeting. -6- ... ._~_....~.~.. T"".--r-.......---,.-...- . . Prior Lake City Council Minutes January 18, 1994 Discussion occurred regarding CSAH 44 improvements. Council concurred that this project should be considered for the 1994 CIP. Councilmember Kedrowski reminded Council that there will be a MVTA dinner with our State legislators to discuss "Opt Out" policies. Councilmember Scott reminded everyone February 3 was the Prior Lake Law Enforcement Dinner at the VFW. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD TO ADJOURN THE MEETING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Schenck and Scott, the motion passed unanimously. 11. ADJOURNMENT There being no further business, the meeting adjourned at 11 :45 p.m. by general consent of the Council. The next Council meeting will be Monday, February 7~ 1 M11894.WRT -7- ...._-...---I-..--.--._._~.__._._._..... ....... ........