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HomeMy WebLinkAboutAgenda & Minutes 5:00 p.m. - Economic Development Authority Meeting 6:30 p.m. Reception for Larry Anderson, Tom Watkins, and Tom Loftus REGULAR COUNCIL MEETING AGENDA July 1, 1996 1. CALL TO ORDER ............................................................................... 7:30 P.M. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of recycling grant agreement with Scott County and schedule 1996 Fall Clean Up Day. C. Consider Approval of Resolution 96-70; Denying sideyard setback and establishing findings of fact for a request by Elmer Clarke. D. Consider Approval of Resolution 96-71; Approving Final Plat and Developers Agreement for Eagle Creek Villas. E. Consider Renewal of refuse haulers permit for W oodlake Sanitary Service. F. Consider Approval of Contract for Use of Fire Safety House for Safety Camp. 5. PRESENTATIONS: A. Mayor Lee Andren to Larry Anderson for 21 years of service as Public Works Director. B. Mayor Lee Andren to Tom Watkins for 5 years of service on the Lake Advisory Committee. C. Mayor Lee Andren to Tom Loftus for 13 years of service on the Planning Commission. D. VFW /Legion Request to name Memorial Park baseball field "Veterans Field" . A0701 96.DOC 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 6. PUBLIC HEARINGS: A. Public Hearing to Consider Approval of Massage Therapy Application for Jennifer Lambert. B. Public Hearing to Consider Proposed Merger of Triax/DD Cable Company. 7. OLD BUSINESS: A. Consider City Attorney Report with respect to Junkyards and Code Enforceability . 8. NEW BUSINESS: A. Consider Approval of Ordinance 96-15 Amending Park Dedication Ordinance Section 6-6-8 of the City Code and section 6-6-8 of Subdivision Ordinance 87-10. B. Consider Adoption of Resolution 96-72 to Approve and amendment to the Comprehensive Plan adopting a Housing Implementation section. 9. OTHER BUSINESS: A. Building Inspection Service Levels 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A070196 DOC MINUTES OF THE PRIOR LAKE CITY COUNCIL June 17, 1996 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, June 17, 1996 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Kedrowski, Mader and Schenck, City Manager Boyles, Assistant Engineer Wingard, Planning Director Rye, Parks and Recreation Director Hokeness, Recreation Supervisor Woodson, Finance Director Teschner, Police Chief Powell, City Attorney Pace, Executive Secretary Koch, and Assistant ManagerIRecording Secretary Tremere. Councilmember Greenfield was absent. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES MOTION BY KEDROWSKI, SECONDED BY MADER TO APPROVE THE MAY 29 MINUTES. Upon a vote being taken, ayes by Andren, Kedrowski, Mader; and (abstention by Schenck) the motion carried. Regarding the June 3 minutes, Councilmember Mader stated that his remarks on page 6, in the last paragraph should reflect that if the tree spade and trailer make practical and economic sense, they should be purchased with funds other than those from the bond sale. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO APPROVE THE JUNE 3, 1996 MINUTES AS CORRECTED. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Animal Warden Report. B. Consider Approval of Building Permit Report. C. Consider Approval of Fire and Rescue Report. D. Consider Approval of Invoices to be Paid. E. Consider Approval of Treasurer's Report. F. Consider Approval of 1996-1997 Liquor License Renewals. .. 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 June 17, 1996 G. Consider Approval of Renewal of Refuse Haulers Permits. H. Consider Approval of Resolution 96-63 Approving the Wetland Replacement Plan for Eagle Creek Villas, Project 96-37. I. Consider Approval of Sale of City Vehicle. J. Consider Approval of 3.2 Temporary Liquor License for Dan Miller. K. Consider Approval of Resolution 96-64 Approving Pole Barn in R-1 District. L. Consider Approval of Cooperative Agreement with Prior Lake Spring Lake Watershed District for Control of Milfoil. M. Consider Approval of Appointment of New Member to the Lake Advisory Committee. N. Consider Approval of Application for Cigarette License from Restan, L.L.C. - The Wilds. O. Consider Approval of Amendment to City Fee Schedule to Establish Business License Fee for Massage Therapy. Councilmember Mader and the Mayor indicated several items which should be considered individually and thus removed from the consent agenda. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO APPROVE THE CONSENT AGENDA EXCEPT FOR ITEMS 4-D, 4- F, 4-H, 4-L, 4-M, AND 4-0, WHICH WILL BE CONSIDERED SEPARATELY. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. The first iteln was Iteln 4-D, Consideration of Invoices to be Paid. Councilmember Mader questioned two of the invoices, one for Advance Resources, and the other for Brauer and Associates. Director Hokeness explained the latter invoice and the City Manager commented on the former invoice. The City Manager also recommended that the invoice from the Lommen Nelson Law Firm be held out, pending a check on the services rendered. MOTION BY MADER, SECONDED BY KEDROWSKI TO APPROVE THE LIST OF INVOICES TO BE PAID WITH THE EXCEPTION OF THE INVOICE FROM THE LOMMEN NELSON LAW FIRM. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. The next item was Item 4-F, Consideration of the 1996-1997 Liquor License Renewals. Councilmember Mader noted that one of the Sunday licenses was for McWillie's On The Lake which does not exist; instead, it M061796.DOC 2 Minutes of the Prior Lake City Council June 17, 1996 should be for Green Heights Lake Club, Inc. as per the other license. Finance Director Teschner concurred. MOTION BY COUNCILMEMBER MADER, SECONDED BY COUNCILMEMBER KEDROWSKI TO APPROVE THE 1996-1997 LIQUOR LICENSE RENEWALS, WITH THE DELETION OF THE SUNDAY LICENSE FOR McWILLIE'S ON THE LAKE AND THE ADDITION OF THE SUNDAY LICENSE FOR GREEN HEIGHTS LAKE CLUB, INC. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. The next iteln was Iteln 4-H, the consideration of Resolution 96-63 Approving the Wetland Replacelnent Plan for Eagle Creek Villas, Project 96-37. Councilmember Mader stated he had three questions about the proposal: the nature of the wetland "bank" that is proposed; the wetland replacement criteria; and clarification of the City contribution of $3,800. Assistant Engineer Wingard explained the legal requirements for mitigating wetland loss. He said he had personally inspected the new wetlands site and found it to be within the requirements. He also explained the criteria cited in the rules and the law relative to wetland replacement. He outlined the basis for the City payment which would be from the storm sewer trunk reserve fund. MOTION BY MADER, SECONDED BY KEDROWSKI TO APPROVE RESOLUTION 96-63 APPROVING THE WETLAND REPLACEMENT PLAN FOR EAGLE CREEK VILLAS, PROJECT 96-37. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. The next iteln was Iteln 4-L, consideration of Cooperative Agreelnent With Prior Lake-Spring Lake Watershed District for Control of Milfoil. Councilmember Mader asked about the concern for Watershed District liability. He asked why the City needs to protect them under our policy. He referred to the staff agenda report and the stated purpose of the action; he said his impression is that there is no real program other than education. The City Manager stated that the May 21 letter in the report should be read in conjunction with the proposed agreement. He commented that the questions raised have been addressed in the letter. Also, the Watershed District needs to have a Joint Agreement to move on this project. The City Attorney commented on the language regarding M061796.DOC 3 Minutes of the Prior Lake City Council June 17, 1996 liability; she said she had recommended the language to ensure coverage for the City through the body created in the Joint Agreement. She explained the City is not assuming additional coverage. She responded to several additional questions from Councilmember Mader. The Mayor recognized Mr. Ken Conrad, who represented the Watershed and commented on the Joint Agreement. Mr. Conrad stated the Watershed was trying to find a way to work cohesively, as they have with a number of other organizations. Further discussion ensued regarding the history of the project. The City Attorney commented that the proposal could be submitted to the League of Minnesota Cities Insurance Trust; and perhaps the Watershed could consider a "hold harmless" clause. There was discussion about the purpose of the program. Mr. Conrad explained that the development of a maintenance program was an intermittent controL Mr. Conrad responded to a question by Councilmember Mader by stating that the best that can be done is to start a program that will contain the milfoil through educational efforts, among other things. The Mayor commented on the history of the funds which were collected as special assessments and, thus, must be used for the special purpose. Councilmember Mader inquired whether the funds could be returned to those who were assessed. Mr. Conrad stated that the process would likely cost as much to return as the amount available. Assistant Engineer Wingard commented that there was a demonstration project scheduled for June 22; and he verified that the milfoil is spreading. Further discussion ensued regarding the extent to which the City should be involved in such programs. The Mayor inquired whether there is a better way to express the limitations of the City, and the Attorney said that language could be added to the Joint Agreement. MOTION BY SCHENCK, SECONDED BY KEDROWSKI TO TABLE THE PROPOSED JOINT POWERS AGREEMENT FOR MILFOIL CONTROL WITH THE WATERSHED DISTRICT UNTIL THE FIRST MEETING IN JULY IN ORDER TO CLARIFY THE ADMINISTRATIVE AND LEGAL CONSIDERATIONS RAISED DURING THE DISCUSSION. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. The next iteln was Iteln 4-M, consideration of appointment of a new lnember to the Lake Advisory Comlnittee. Councilmember Kedrowski inquired whether the position would be advertised. The City Manager M061796.DOC 4 Minutes of the Prior Lake City Council June 17, 1996 explained that this would not be done in this instance since there was an eligible and interested person available. MOTION BY KEDROWSKI, SECONDED BY MADER TO APPOINT MR. JOHN BLATZHEIM TO THE LAKE ADVISORY COMMITTEE. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. The next iteln was Iteln 4-0, consideration of an alnendment to the City Fee Schedule to establish a business license fee for lnassage therapy. The Mayor recognized Ms. Linda Epps, a prospective licensee, and asked if she had any comments in addition to those made during the open forum period. Ms. Epps said this is the sole business license that is established by ordinance in this manner; she questioned the intent of the fee. Discussion ensued and the Mayor inquired as to the relationship the proposed business had to the chiropractor who was on the premises. The Mayor cited Section 3-5-1 of the City Code and asked whether that was applicable. Ms. Epps clarified that she would not be an employee of the chiropractor. The Mayor asked the City Attorney to comment on the purpose of the fee; she explained that this had been reviewed by staff and the fee is intended to cover costs for inspections needed to check the premises to see if standards are maintained; $500 is deemed to be a reasonable amount. Further discussion ensued regarding the City standards. Ms. Epps noted the series of fees she has had to pay to establish her business. Councilmember Mader stated that perhaps the item should be deferred to allow time to clarify the issues raised about the purpose of the fee. Director Teschner explained the basis for the fee, noting the fee study by the Association of Metropolitan Municipalities. MOTION BY MADER TO TABLE THE ITEM UNTIL THE NEXT COUNCIL MEETING IN ORDER TO CLARIFY THE PURPOSE AND AMOUNT OF THE PROPOSED FEE. Motion died for lack of a second. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO APPROVE AMENDMENT OF THE CITY FEE SCHEDULE TO ESTABLISH A BUSINESS LICENSE FEE FOR MASSAGE THERAPY IN THE AMOUNT OF $250. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. M061796.DOC 5 Minutes of the Prior Lake City Council June 17, 1996 5. PRESENTATIONS: A. The Mayor recognized Mr. Jack Haugen representing the Prior Lake Rotary. Mr. Haugen commented on history of the Prior Lake D.A.R.E. program and Rotary's sponsorship. He said that since 1990, over 4,500 children have participated. He said the Prior Lake Rotary is proud to have participated in the program and is now presenting a 1996 Jeep to the City for D.A.R.E. and similar school related activities. Chief Powell thanked Mr. Haugen and the Prior Lake Rotary; he also thanked the City Council for supporting staff participation in the Rotary. B. Consider Approval of 1995 Audit Report. Director Teschner introduced Gerry Eick of the audit firm Abdo, Abdo, and Eick who explained the purpose of the audit and key features of the document, including the general purpose, the financial statements, and the audit opinion. He said they also considered the internal control structure and other items in addition to the data reflected in the general purpose statements. He noted that this fIrm provides much detail about debt service activities. In response to a question from Councilmember Mader, Mr. Eick stated the field work for the audit was done in March; the report became available within the last ten days. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO ACCEPT THE 1995 AUDIT REPORT AS SUBMITTED. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried. 6. PUBLIC HEARINGS: A. Public Hearing to Consider Proposed Merger of Triax/ DD Cable COlnpany. The Mayor opened the hearing. The City Manager explained the item per the Staff Agenda Report; he stated Attorney Thomas Creighton, who has represented City on cable matters, recommends that the Council open the hearing and continue it pending further notice from his firm. He said that Mr. Robert Pace from Midwest Cablevision was present. The Mayor observed that no one present wished to speak. MOTION BY KEDROWSKI, SECONDED BY MADER TO CONTINUE THE PUBLIC HEARING TO CONSIDER THE M061796.DOC 6 Minutes of the Prior Lake City Council June 17, 1996 PROPOSED MERGER OF TRIAXlDD CABLE COMPANY UNTIL THE JULY 1, 1996 MEETING. Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion carried 7. OLD BUSINESS: A. Consider Approval of Resolution 96-67 Authorizing the Award of Bid for the Purchase and Installation of Playground Equiplnent. The City Manager introduced the item and Director Hokeness explained the bidding process and recommendation per the Staff Agenda Report. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO APPROVE RESOLUTION 96-67 AUTHORIZING THE AWARD OF BID FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT. Discussion ensued and Director Hokeness reviewed the several submitted design proposals and the one recommended by the Park Advisory Commission. Councilmember Mader asked why there are parks with the same drawing but with different cost data; noting that the draft resolution addresses the total amount for the project. Director Hokeness explained that there was a typographical error in the report. Councilmember Mader asked whether the Parks Advisory Committee visited all the parks and sawall three kinds of equipment. Director Hokeness said that all the parks were visited and only the proposed equipment was observed. Further discussion ensued and Director Hokeness explained the features of the equipment among the proposals for the Mayor. The City Manager recommended that the resolution should be amended to include an additional item, namely that the Mayor and Manager be authorized to execute the contract following review and approval by the City Attorney. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO AMEND THE MOTION TO INCLUDE IN RESOLUTION 96- 67 AUTHORIZATION TO EXECUTE THE CONTRACT FOLLOWING REVIEW AND APPROVAL BY THE CITY ATTORNEY. M061796.DOC 7 Minutes of the Prior Lake City Council June 17, 1996 Upon a vote being taken, ayes by Andren, Kedrowski, Schenck and Mader, the motion to amend carried. Councilmember Mader stated that he was uncomfortable with the approach used by staff to secure bids, and that he would likely not approve future bids that were based upon the amount budgeted. He also questioned the selection of a vendor without seeing the other vendors' equipment. Director Hokeness responded that he was familiar with the types and quality of each vendors' product; the method used allowed the City to get quality proposals without performing the design and specification work which could cost up to $5,000. Councilmember Mader stated that, while he trusted staffs judgment in this matter, he was concerned that the process should be avoided in the future. Councilmember Kedrowski disagreed with Councilmember Mader and said he supported the bidding process that was used; it allowed the vendor to maximize what the public dollar could buy. The Mayor called for a vote on the amended motion. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. B. Consider Approval of Resolution 96-60 Approving Plans and Specifications for C.S.A.H. 21, Approval of the Cooperative Agreement with Scott County and Approval of Funds for Landscaping and Street Lighting, and Resolution 96-61 Authorizing Restrictions for Parking on C.S.A.H. 21. The item was introduced by the City Manager who explained the background per the Staff Agenda Report. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO DELETE THE SECOND AND THIRD ''WHEREAS'' STATEMENTS IN DRAFT RESOLUTION NO. 96-60. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion carried. MOTION BY KEDROWSKI, SECONDED BY MADER TO APPROVE RESOLUTION 96-61 AUTHORIZING RESTRICTIONS FOR PARKING ON C.S.A.H. 21. M061796.DOC 8 Minutes of the Prior Lake City Council June 17, 1996 The Mayor discussed the Issues of lighting and landscaping. Councilmember Kedrowski said the Council seemed to be in concert on the street lighting issue. Councilmember Mader said he still had questions about the project, referring to the June 3 Council discussion. Assistant Engineer Wingard explained the proposal which, at $80,000, includes lights as shown on the exhibit. The lights are along the trail at 150 ft. spacing along C.S.A.H. 21. Mayor Andren emphasized the importance of accurate figures, and her dissatisfaction with the ambiguous and inaccurate data presented at the last meeting. Councilmember Mader inquired about several items in the Staff Agenda Report, and Assistant Engineer Wingard responded about the city cost, the definition of "actual" costs, the use of best estimates, and eventual reimbursement by Scott County. Councilmember Mader stated that "current estimate" would be a better term than "best estimate." Assistant Engineer Wingard further explained the financing of County Road projects and the requirements and constraints which the City must honor in drawing down the funds for the project. He noted that finalizing other projects had a significant impact on the financing. The Mayor referred to the June 3 meeting agenda. She reiterated her concerns that, while the City sold bonds and has an agreement with the county, staff proposed the purchase of things that were not contemplated by the feasibility report and public information. She was concerned that the facts did not support the case made at the last meeting by the supporters of the motions authorizing expenditure of funds. She shared the findings of her research on the project, including the feasibility report. The proposed acquisitions and work were not right as a matter of process. She stated that she appreciated the value of the equipment and she did not fault the staff; however, the Council should be sensitive to changing policy and law. by process. The Mayor expressed concerns with the proposed signal at Five Hawks. She said that $100,000 was bonded for it, yet, now, the Council learns that State Aid Funds will pay for it. She questioned whether the City should get the bond proceeds back if they are not M061796.DOC 9 Minutes of the Prior Lake City Council June 17, 1996 used for the purpose for which they were levied. She said that the issue is one of integrity involving public trust. Councilmember Mader said it was appropriate to fault staff for actions, such as the decisions about street lighting and the monument, which were made without discussion with Council. MOTION BY KEDROWSKI, SECONDED BY MADER TO ADOPT RESOLUTION 96-60 APPROVING PLANS AND SPECIFICATIONS FOR C.S.A.H. 21, THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY, AND FUNDING FOR STREET LIGHTING (ONLY) PER THE STAFF AGENDA REPORT. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. The Mayor reiterated her concerns about the "moral" issue of using funds for improvements and equipment not specifically identified in project proposals. The Attorney stated the letter received from the bond attorney did not directly address the matters raised at the last meeting; she would need to see the bond documents. MOTION BY KEDROWSKI, SECONDED BY ANDREN TO TABLE FURTHER CONSIDERATION OF CONCERNS REGARDING A COMMUNITY ENTRANCE MONUMENT AND ACQUISITION OF A TREE SPADE AND TRAILER UNTIL THE CITY ATTORNEY HAS RENDERED AN OPINION. Councilmember Mader said he would not support the action since the Council had already acted on the purchase of the items; in his opinion, the expense of an attorney's opinion now seemed unnecessary . Upon a vote being taken, ayes by Andren, Kedrowski, and Schenck; nay by Mader, motion passed. 8. NEW BUSINESS: A. Consider Appeal of Ellner Clarke from a Planning COlnlnission Decision to Deny a Sideboard Setback Variance. Director Rye explained the request as acted upon by the Planning Commission who approved one variance but not the other. He explained the ordinance criteria. He stated that staff finds that it would be appropriate to deny the appeal. M061796.DOC 10 Minutes of the Prior Lake City Council June 17, 1996 Councilmember Mader verified with Director Rye that the proposed house could be relocated on the site, but the applicant sought to salvage the foundation of the former house which was destroyed by fire. The Mayor recognized Mr. Clark, who had a drawing that showed that the variance was not as great as proposed. The Mayor clarified that Mr. Clarke owned the adjacent lot but sold it. Director Rye stated that there would have been some degree of variance even with Mr. Clarke's additional lot. The Mayor recognized Mrs. Lillyblad of 16287 Lakeside Ave. S.E. She spoke against the side yard variance. Councilmember Kedrowski questioned whether the house could go elsewhere on the lot. Director Rye confirmed that, but he noted an earlier variance was granted. The applicant offered additional comments about the design of the house and the dimensions of the requested variance. MOTION BY KEDROWSKI, SECONDED BY ANDREN TO DENY THE APPEAL BY ELMER CLARKE OF THE PLANNING COMMISSION ACTION REGARDING SIDE YARD SETBACK VARIANCE REQUEST. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. The meeting recessed at 9:50 p.m. and resumed at 9:57 p.m. MOTION BY ANDREN, SECONDED BY KEDROWSKI TO RECONSIDER THE ACTION ON THE PREVIOUS ITEM. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. MOTION BY ANDREN, SECONDED BY KEDROWSKI TO DIRECT STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF FACT FOR THE DENIAL OF THE APPEAL BY ELMER CLARKE OF THE PLANNING COMMISSION ACTION REGARDING SIDE YARD SETBACK VARIANCE REQUEST. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. M061796.DOC 11 Minutes of the Prior Lake City Council June 17, 1996 B. Consider Approval of Resolution 96-66 Authorizing a Transit Tax Levy Pursuant to Minnesota Statutes 473.388. The City Manager introduced the item and explained the recommendation. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO APPROVE RESOLUTION 96-66 APPROVING THE LEVY OF A TRANSIT TAX IN PRIOR LAKE. Councilmember Mader asked about the reference in the Staff Agenda Report to 88%. Councilmember Kedrowski explained the reference and noted the current transit tax is based upon state formula levied through the Metropolitan Council; the proposed action is responsive to the new state law whereby Prior Lake and other cities may have permanent funding for local transit needs, with 12% of the funds going to the Metropolitan Council. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. C. Consider Planning COlnlnissiofL Recolnlnendation for Chair and Reappointlnent of Dick Kuykendall. The City Manager explained the recommendation per the Staff Agenda Report, and noted the options before the Council. MOTION BY KEDROWSKI, SECONDED BY MADER TO REAPPOINT RICHARD KUYKENDALL TO A TERM ON THE PLANNING COMMISSION. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. MOTION BY KEDROWSKI, SECONDED BY MADER TO APPROVE THE PLANNING COMMISSION RECOMMENDATION OF WILLIAM CRIEGO AS COMMISSION CHAIRPERSON. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. MOTION BY KEDROWSKI, SECONDED BY MADER TO DIRECT STAFF TO ADDRESS LONGER TERMS FOR ADVISORY COMMISSION CHAIRPERSONS AS PART OF THE ANNUAL BY-LAW REVIEW AND REVISION PROCESS IN JANUARY, 1997. M061796.DOC 12 Minutes of the Prior Lake City Council June 17, 1996 Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. D. Consider Approval of Ordinance 96-14 to Permit Nursery Schools / Day Care Facilities in the B-2 (Com In unity Business) District. The item was introduced by the City Manager and a brief discussion ensued. Planning Director Rye explained that this is the only commercial district where this use is not allowed. MOTION BY KEDROWSKI, SECONDED BY SCHENCK TO APPROVE ORDINANCE NO. 96-14, AN ORDINANCE AMENDING SECTION 5-3-3 OF THE PRIOR LAKE CITY CODE AND AMENDING SECTION 3.1 OF THE PRIOR LAKE ZONING ORDINANCE, NO. 83-6. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. 9. OTHER BUSINESS: M061796.DOC . Councilmember Mader recalled Council direction to investigate junk yard regulations; he said the Council needs to take action on this since there are evident problems around the community. Staff should prepare an ordinance. The City Attorney clarified the direction and noted that research was being conducted on the regulation of junk cars. She explained that a critical issue is how to enforce such ordinances, particularly with regard to entering private property. . Councilmember Mader next questioned the status of the redevelopment plans in the Priordale Mall area; it appears all the developers once interested are gone. He asked for a report on where the City is going with the redevelopment plans and on the status of the City's consulting firm, Advance Resources. The City Manager said that an update would be available at the upcoming Economic Development Authority meeting on July 1. . Councilmember Mader next commented that, per earlier discussion, there were sound reasons for questioning staff about projects and requested actions. He cited examples which had come before the Council recently, including the proposed salt and sand storage building. . Councilmember Mader next commented on the decision by Crown Coco Company to convert its E-Z Stop stores to "Indian Joe's Smoke Shops" which, according to the articles in the Minneapolis 13 Minutes of the Prior Lake City Council June 17, 1996 10. 11. (j M061796.DOC newspaper, will deal in reduced-price tobacco products and publications with soft pornography. He referred to copies of the newspaper article which had been provided by Mr. Warren Erickson, who was present. He cited recent studies involving students; he said that Prior Lake has a problem, including the availability of tobacco to young people. He said he is concerned with the conversion of the E-Z Stop store on Highway 13 and the message the action sends to the Native American community. The Mayor recognized Mr. Erickson who cited several of the station-store conversions in the metropolitan area, and how the pornographic literature is displayed. He explained that the City of Excelsior is dealing with this, and he noted that some suburbs have banned point-of-sale advertising of tobacco products. MOTION BY MADER, SECONDED BY ANDREN TO DIRECT THE CITY MANAGER TO REVIEW THE MATTERS RELATED TO THE CONVERSION OF THE E-Z STOP STATION-STORES, AS DISCUSSED AND RECOMMEND POSSIBLE COURSES OF ACTION. Upon a vote being taken, ayes by Andren, Kedrowski, Mader and Schenck, the motion passed. . The Mayor commented on earlier Council discussion and remarks by Councilmember Mader about questioning recent staff actions. She clarified that, while she did not find fault with specific staff members, she has limits on tolerance of errors and omissions; she sensed that she is getting close to those limits. ANNOUNCEMENTS/CORRESPONDENCE ADJOURNMENT The Mayor adjourned the meeting at 11:20 p.m.; she announced that the Council would be reconvening in Executive Session to discuss pending litigation and labor negotiation strategy. At 12:05 AM the City Council adjourned from Executive Session. MOTION BY ANDREN, SECONDED BY KEDROWSKI DIRECTING THE CITY ATTORNEY TO RESOLVE THE HAFFERMAN SPECIAL ASSESSMENT IN ACCORDANCE WITH THE GUIDELINES DISCUSSEND IN EXECUTIVE SESSION. 14 Minutes of the Prior Lake City Council June 17, 1996 Upon a vote being taken, ayes by Andren, Kedrowski, Mader, and Schenck, the motion passed. GJ MOTION BY KEDROWSKI SECONDED BY MADER TO ADJOURN. THE MEETING ADJOURNED AT 12:13 AM. /':':) The next City Council Meeting is scheduled for Monday, July 1, 1996 at 7:30 PM r$ in the Fire Station City Council Chambers. City Manager Recording Secretary M061796.DOC 15