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HomeMy WebLinkAboutAgenda & Minutes 07/29/969:18 AM REGULAR COUNCIL MEETING AGENDA. August 5, .~ 996 : 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 Acquisition of Fire Safety House and Allocation of Funding Therefore. C. Consider Approval of Temporary 3.2 Liquor License Request for Judy Busse. D. Consider Approval of Election Judge Appointments for 1996 Primary and General Elections. E. Consider Approval of Fee Waiver Request for Prior Lake Fire Department of Charitable Gambling Fee. 5. PRESENTATIONS: A. Consider Approval of Auditor's Management Letter Regarding 1995 Financial Audit Report. 6. PUBLIC HEARINGS: A. Consider Proposed Merger of Triax/DD Cable Company. 7. OLD BUSINESS: A. Resolution 96-74; Approving Final Plat and Development Agreement for Pheasant Meadows. B. Consider Approval of Resolution 96-75 Awarding Bid for Construction of Salt/Sand Storage Building. 16200 ~'~ek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 07/29/96 9: 18 AM C. Consider Approval of Request for Warning Siren on Spring Lake RoadINorthwood Road Intersection. D. Consider Approval of Street Lights for Northwood Road. 8. NEW BUSINESS: A. Consider Approval of Request by Frank. Muelken on Behalf of Margaret and Bill Hannen. B. Consider Approval of Request by Maple Hills Homeowner Association to install municipal sewer within their subdivision without Municipal Water. C. Consider Approval of Resolution 96-76, Approving Registered Land Survey for Property Originally Described as Lots 1 and 2, the First Addition to Lakeside Park. D. Consider Approval of Ordinance 96-19 Amending Prior Lake City Code by Amending Section 1-14-1, Relating to the Payment of Property Taxes and related fees as a precondition to permit issuance or other official control. E. Ratification of Labor Agreements: 1. 1996-1998 Labor Agreement between the City of Prior Lake and AFSCME Local 3884 representing Professional, Technical, Clerical and Maintenance Employees. 2. 1994/1995 and 1996 - 1998 Labor Agreement between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320 Representing Police Sergeants. 9. OTHER BUSINESS: A. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT A080S96.DOC Printed 07/31/96 3: 15 PM MINUTES OF THE PRIOR LAKE CITY COUNCIL July 15, 1996 1. CALL TO ORDER: Mayor Andren called the meeting of the Common Council to order on Monday, July 15, 1996 at 7:30 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader, and Schenck, City Manager Boyles, Assistant Engineer Wingard, Planning Director Rye, Parks and Recreation Director Hokeness, Police Chief Powell, City Attorney Pace, Assistant Manager Tremere, and Executive/Recording Secretary Koch.. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: Regarding the July 1 minutes, Councilmember Mader noted corrections to be made. On page 3, under item 6A, the motions should be transposed. On page 8, the motion should read "...allot up to $30,000 for the Building Department, the utilization of which will be determined by the City Manager,". Mayor Andren noted a correction on page 9, under item 9C. The final sentence of the paragraph should read, "Mayor Andren asked the City Attorney to research whether or not a project must be competitively bid when it is over $25,000." MOTION BY KEDROWSKI SECONDED BY GREENFIELD TO APPROVE THE JULY 1, 1996 MINUTES AS CORRECTED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, 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 Investment Report G. Consider Approval of Budget Report H. Consider Approval of Massage Therapy Licenses (Personal and Business) for Jennifer Lambert. 16200 !ta~te~eek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4Il7-4245 AN EQUAL OPPORTUNITY EMPLOYER Printed 07/3 1/96 3: 15 PM I. Resolution 96-73; Approving Final Plat and Development Agreement for Westbury Ponds Third Addition. J. Consider Approval of Request for 3.2 Temporary Liquor License for Cathy Busse. Mayor Andren asked that item B be removed from the Consent Agenda for discussion. MOTION BY KEDROWSKI SECONDED BY GREENFIELD TO APPROVE THE JUL Y 1 CONSENT AGENDA ITEMS 4A THROUGH 4J, REMOVING ITEM 4B FOR DISCUSSION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried · Mayor Andren discussed item 4B. She said that the Council received a memorandum from Building Official Staber which stated that Single Family Home permits for June were at 25 with 13 on file. The Building Permit Report reflects that we actually have 20. The residential alterations and permits seem to be under last year, and mechanical permits are under last year. The numbers are inconsistent. MOTION BY KEDROWSKI SECONDED BY MADER TO TABLE ITEM 4B OF THE CONSENT AGENDA FOR THE AUGUST 5TH MEETING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, & Schenck, the motion carried. . City Manager Boyles requested that the Council reconsider item 4H of the Consent Agenda, approval of Massage Therapy License. The check bounced on the $350 fee for amendment of the zoning ordinance. The item should include the $350 fee to be paid in full in addition to the $250 business fee. MOTION BY GREENFIELD SECONDED BY SCHENCK TO RECONSIDER ITEM 4H OF THE CONSENT AGENDA. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. . Councilmember Greenfield questioned whether the matter should be handled administratively or the administration would like the Council to handle it. The City Attorney stated that it was a policy question. M71S96.DOC 2 Printed 07/31/96 3: 15 PM Mayor Andren asked whether the Council wanted to reconsider the motion until the item is paid. MOTION BY KEDROWSKI SECONDED BY SCHENCK THAT ALL FEES MUST BE PAID BEFORE THIS LICENSE IS ISSUED. . City Manager Boyles said that the previous week, they had moved not to pass the license until the fee was paid. Mayor Andren said that a zoning issue is different than a license issue. She questioned whether the zoning fee could be attached to the fee required to obtain the license. The City Attorney said that if we chose to require receipt of money for a zoning change in order to obtain license, we could do that and attach it as a condition of getting the license. Mayor Andren called the question. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 5. PRESENTATIONS: There were no presentations. 6. PUBLIC HEARINGS: There were no public hearings. 7. OLD BUSINESS: A. Consider Approval of Cooperative Agreement with Prior Lake - Spring Lake Watershed District for control of Eurasian Water Milfoil . Paragraph 8 was to be changed. The Watershed District requests that the word "defend" be added, which would require that insurance be provided. The second was request was for "administration" to be changed to "education". MOTION BY KEDROWSKI SECONDED BY SCHENCK TO ADOPT JOINT POWERS AGREEMENT AS IT STANDS. . Mayor Andren asked why the Watershed felt the need for a Joint Powers Agreement when the Watershed and the City have worked cooperatively since 1985 without need for such an agreement. M71S96.DOC 3 Printed 07/3 1/96 3: 15 PM · Dave Moran said it seemed it would be a prudent business practice to agree on who will take what responsibilities, because the Watershed was spending public funds, so there should be some type of written agreement on responsibilities. He said that he did not want his successor to need to deal with the problems of deciphering the division of responsibilities with respect to milfoil. He said he thought the program would be around for a long time. · Mayor Andren stated that the program might not go on for a long time, but milfoil will. She felt that a Cooperative Agreement would have been more appropriate, because a Joint Powers Agreement means there is a joint responsibility for control of Milfoil. She said the Council has taken the position that it is not its responsibility, it is the Watershed's responsibility to control the milfoil. If there can be an agreement for the administration of the $20,000 that is left for educational purposes, and some of the items that the Lake Advisory Committee and Watershed have put together, that would be fine. We can use another method instead of Joint Powers. . Dave Moran stated that this is the third version of this agreement, and someone should have said something three sessions ago. He asked for clarification on the difference between Joint Powers and Cooperative Agreements. . The City Attorney explained that in Joint Powers, two government units share authority and responsibility. In this case, both would have power and responsibility for milfoil. This Agreement is a grant from the Watershed to the City to take over administration for a period of time when a contract is all that is needed. . Mayor Andren said the Council was told last time that in order for the Watershed to give money to the Lake Advisory Committee, it would need to enter a Joint Powers agreement, but the Watershed has been giving the City the money for 11 years without such an agreement. . Councilmember Mader said the City Council met with the Lake Advisory Committee when the agreement was first proposed, and that the response of the Council was unanimous. They were not interested in a Joint Powers Agreement. The issue of insurance may have been misinterpreted as being the only issue. The Watershed's reasons for a Joint Powers Agreement don't tie together for having the agreement. Insurance itself is not a compelling reason. Councilmember Mader said it was referenced that the Agreement would be continued only M71S96.DOC 4 Printed 07/3 1/96 3: 15 PM until the funding ran out, but this would be an ongoing thing. The agreement does sunset in 1999 . Yes, the Lake Advisory Committee should work with the Watershed, and it appears there has been cooperation. The City should not enter into an Agreement where there could be some additional legal issues under the assumption that there will be some benefit, and the benefit is ambiguous. . Dave Moran said that the law doesn't say the City must have an agreement to transfer funds, but the Statute says they should or may have an agreement to transfer funds. . Councilmember Greenfield said he understood the frustration from the Watershed's perspective because they were involved in what seemed an easy request that should have been easily handled. But, the Council is uneasy about the issue, so there must be discussion, etc. The greatest concern is where responsibility lies. The Watershed and the City are already aware of their respective responsibilities. . Dave Moran said it was simply that before we give public money away, we should know who will do what and where the money will be spent. It is important that we make sure we know who is taking care of problems. THE MOTION TO ADOPT THE JOINT POWERS AGREEMENT AS IT STANDS WAS WITHDRAWN. . Pete Schenck said that with regard to "administration" and "defend", in the future if the Council agrees to handle administration, this might lead to a future referendum. A clarification on the administration of the $20,000 may be in order. The term "defend" sounds like we would provide the City Attorney for the Watershed. It is too broad-based in any context. . Dave Moran said the amount of money would carry the Milfoil Program for another 8-10 years, and when the money is spent, then they will handle finding more. He said the Joint Powers Agreement was actually the Lake Advisory Committee's idea, and he did not understand the down side of an agreement. . Councilmember Mader commented that the downside of any agreement is that there is a potential that sometime in the future, there may be a dispute that could lead to litigation. He stated that just having an agreement by itself is not positive, it needs to accomplish M71S96.DOC 5 M71596.DOC Printed 07/3 1/96 3: 15 PM something. The Council does not want the responsibility for Milfoil treatment or the program. The Council has not changed their view on not wanting an agreement, and he does not see a benefit to the City in the agreement. Picking up responsibility for Mi}foi} when it has recently been conceded that it is rampant and no one knows how to deal with it does not have an up side. · Mayor Andren said the City is willing to work cooperatively with the Watershed District, but Milfoil is ultimately the Watershed's responsibility . . Dave Moran said the expenses for the Watershed were about $2,500 per year. · Councilmember Kedrowski questioned whether the City Attorney could draft something that the Council could review tonight. · Mayor Andren stated she would like more time to review the agreement if it was drafted tonight. . Dave Moran stated he would like to resolve it tonight. If the attorney could draft the agreement, he will bring it to the Watershed for approval. . Mayor Andren asked if is it the Council's preference that the City Attorney draw up an agreement now and present to the Council for a vote. Councilmember Schenck said he wants it in writing. Councilmember Mader said he had no interest this evening in going over it that quickly. Mayor Andren noted that there was still a motion on the floor to have the Joint Powers Agreement approved as is, and called the question. Upon a vote taken, nays by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion failed. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO HAVE THE CITY ATTORNEY PREPARE A COOPERATIVE AGREEMENT BETWEEN SPRING LAKE PRIOR LAKE WATERSHED DISTRICT AND THE CITY OF PRIOR LAKE TO BE BROUGHT TO THE COUNCIL AUGUST FIFTH. 6 M71S96.DOC Printed 07/31/96 3: 15 PM . Councilmember Mader said the Lake Advisory Committee should be consulted. He got the impression that the Lake Advisory Committee concurred with Council's decision. . Councilmember Greenfield questioned the purpose of the agreement if it is not for insurance. He said he heard it is not for insurance, it is for something else. Dave Moran said if the City's insurance premium goes up as a result of doing work on the lake, the Watershed will reimburse the City for the increased amount. If the Watershed does the work on the lake, they will need a separate policy. This would cost more than raising the City's insurance. Motion to have City Attorney prepare a Cooperative Agreement to be brought to the Council August 5th was withdrawn. . Mayor Andren said that since the Lake Advisory Committee will assist the Watershed, the Council may want to refer this to the Lake Advisory Committee. MOTION BY MADER SECONDED BY GREENFIELD TO REFER THE MILFOIL AGREEMENT TO THE LAKE ADVISORY COMMITTEE. . Councilmember Kedrowski said he thought that the issue had already gone to the Lake Advisory Committee. Perhaps they need to define exactly what the activities are to be undertaken by the City. . The City Attorney addressed the Council. She asked if the Council would consider a revised agreement subj ect to an addendum to be provided when the Lake Advisory Committee specified activities that the City will undertake. . Councilmember Mader said this implies there will be an agreement whether the City wants one or not. It seems that the Council met with the Lake Advisory Committee and the general consensus was it was not something the City needs to do. If there is an alternative that makes sense, the Lake Advisory Committee should work on it and come back to us. The Lake Advisory Committee should be apprised of. the attitude of the Council. There has been some miscommunications regarding insurance, legal issues, and funds transfers. Mayor Andren called the question. 7 Printed 07/31/96 3: 15 PM Upon a vote taken, ayes by Andren, Mader, and Schenck, nays by Greenfield and Kedrowski, the motion carried. B. Consider Approval of City Attorney Report Concerning Construction of Public Improvements by Developers without Competitive Bidding. · City Manager Boyles said at the July 1 st meeting, for the final plat for Eagle Creek, the Council asked the City Attorney to research to see if the Uniform Municipal Contracting Law applies to development agreements, especially where developers are undertaking what are essentially public improvements. . The City Attorney said the statute states that in the context of a subdivision, the subdivider in constructing public improvements is exempt from the Municipal Contracting Act and exempt from the requirements of the City with respect to payment bonds that are generally required for contracts involving public work. It is OK, it just becomes a policy question. . Mayor Andren said since it is a policy question, there is a question that leads into the next item. C. Consider Approval of Resolution 96-71; Approving Final Plat and Developer's Agreement for Eagle Creek Villas. . In items 7E and 7C, on the quotes put out by the contractor for Eagle Creek Villas, Mayor Andren questioned Exhibit A on the Storm Sewer. 7C is the landscaping equipment. The back page contains cost summaries by County. The Cooperative Agreement signed with the County are subject to competitive bidding, but # 1, 12 inch RCP and # 1 in item 7E, the estimated unit price for 12 inch RCP in Exhibit A is $23.75. The County says they can get a 12 inch RCP for the unit price of$12.65. In the 18 inch, the County's price is $17.50, and this one is $26.80. The County's prices are lower, and this is subject to bidding. There is some merit in researching these prices. . Assistant Engineer Wingard said the City receives good bids on private developments. The City reviews bids to see if prices are fair and continues to monitor. The chart shows items for Eagle Creek Villas Project compared to five other projects. With the CSAH 21 project, there are cheap estimates. M71S96.DOC 8 Printed 07/31196 3: 15 PM · Mayor Andren said she doesn't think the developer is abusing the system. She questioned the amounts on the County project, and said maybe the City can learn something about obtaining low bids. If class and quality is same, the City needs to investigate it. . City Manager Boyles indicated that the staff was in the process of making a new Developer's Agreement format which incorporates a cross checking to insure that the best possible bids are being received. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD TO APPROVE RESOLUTION 96-71, APPROVING FINAL PLAT AND DEVELOPER'S AGREEMENT FOR EAGLE CREEK VILLAS. . Councilmember Schenck said the City should consider working cooperatively with the County or another City on buying in volumes with common needs, or find out where they do business, to possibly get better prices. . Councilmember Mader questioned Exhibit D in the development agreement. This is a private development in which it appears the City is picking up $121,000 in cost. He questioned if this was consistent with written policy or whether a particular situation was negotiated. If Eagle Creek was not being developed, would we be putting the storm sewer in and purchasing the wetland bank. (would the City put in a sewer without a development?). . Assistant Engineer Wingard said this cost would be incurred with or without a development. . Mayor Andren questioned whether there was an assessment to the property owners when the City put in storm sewers, or pertinent work, that benefits a property. Is there is a cost savings to the City to do projects concurrently with development? . Assistant Engineer Wingard said that it would save the City money to do projects concurrently with development. Mayor Andren called the question. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. M71S96.DOC 9 Printed 07/31/96 3 :25 PM D. Consider Approval of North Shore Oaks Fifth Addition Time Extension for Preliminary Plat Approval. · City Planner Rye stated that the request by the petitioner is to extend time period for preliminary plat. He went over ordinance that covers that. The recommendation is to deny the extension to North Shore Oaks. · The Developer stated there was additional expense per lot as the lots were cut from 13 lots to 11. The lots they developed are all 15,000 square feet minimum. He said they paid for a 45 foot deep cut. He feels they have been in on all the costs. Now the average lot is 12, 600. He said it is only fair that they get a variance. · Councilmember Kedrowski said the letter does not state the developers' intent. . City Planner Rye stated that he gave the developer a copy of the ordinance. . Councilmember Mader said it was not the developer's intent to meet ordinance, he wants a variance. . Mayor Andren said the preliminary plat was in 1987, and the ordinance says unless the preliminary plat is completed in the required time period the, preliminary plat shall become null and void. . Doug Farrell said they have not received anything verbally or written that there is a deadline affecting their investment. . Mayor Andren noted it has been nine years and there has been no final plat. . City Planner Rye stated that when a preliminary plat is approved, the final plat must be approved in 12 months or the preliminary is null and void. Unless they can demonstrate expenditures, they must comply with the current standard. . Councilmember Schenck said there is not justification based on what we received that they have made expenditures. Reducing lots from 13 to 11 increases the cost of the lot. . Councilmember Mader stated the value of the lot will go up. M71S96.DOC 10 Printed 07/3 1/96 3: 15 PM · Mayor Andren said if Mr. Simpson had come in 1987, we could have granted an extension for 12 months, then it could have extended for up to 12 months upon written application. Mr. Simpson approached Mayor Andren with a map. She said we did have public hearings regarding ordinances. The developer had a lot of opportunity to remain informed. · Councilmember Mader said it would be a very bad precedent to take an ordinance and set it aside. This would open the door for variance simply because they did not know. · Doug Farrell said he received direct confirmation from the City Planner, this should have validated the plat for one more year because it was a follow up plat and should still be valid. . Councilmember Greenfield said the Council makes the decisions, and nothing external like conversations with staff is a concern of the Council. The Council will take action based on the current ordinance and what it feels is appropriate. MOTION BY GREENFIELD, SECONDED BY MADER TO DENY THE NORTH SHORE OAKS FIFTH ADDITION TIME EXTENSION FOR PRELIMINARY PLAT APPROVAL. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. E. Consider Approval of City Attorney Report with Respect to Landscaping equipment acquisition and Entry Monument for CSAH 21 Project. Item 7E was moved to after 8C for discussion. 8. NEW BUSINESS: A. Consider Approval of Ordinance 96-16 Amending City Requirements with respect to Tobacco and Tobacco Products. . City Manager Boyles introduced Police Chief Dick Powell, and Matt Brokl, who drafted the ordinance. . Police Chief Powell discussed the reason for bringing forward a new ordinance. They relied on state law in past, which penalizes retailers. M7IS96.DOC 11 M71S96.DOC Printed 07/31/96 3: 15 PM They tried to put together a new ordinance to help persuade young folks not to smoke. . Matt Brokl said the ordinance will strengthen a state law which exists, putting liability on the employee who sells and the minor who buys . The state law does not contain liability toward merchants for illegal sales. This ordinance contains penalties, license suspension and revocations, and for the third violation, the cigarette license would be suspended for 2 years. It restricts vending machine sales and self service sales. There is a $250 fee for cigarette license annually by merchants, individual purchasers, buyers. . Mayor Andren recognized Ms. Woodruff from Shakopee, who is an RN in Scott County and coordinator for Scott County ASSIST. She went over a report, highlighting accessibility of tobacco to minors. . Mayor Andren recognized Matt Alex. He gave a brief report on retail sales and the ordinance implementation in surrounding cities. . Mayor Andren recognized Ann Croffer, health promotion coordinator, who said compliance checks are improving. . Mayor Andren recognized Dr. George Lundgren. He spoke on the danger of addiction, which young smokers are unaware of. He said people cannot be prevented from starting smoking, but they should not be enabled. . Mayor Andren recognized Norm Erickson. He spoke on behalf of the American Cancer society as Chairman. . Mayor Andren recognized Tom Foster. He spoke about notifying Glen Crooks, vice Chair of Dakota, of the ordinance, as it relates to activities in their smoke shop. It will transfer additional responsibility to smoke shop. . Mayor Andren recognized Martiqua Post, a minor who purchased tobacco products for compliance checks (she cited examples of convenience store, bar, and liquor store). . Mayor Andren recognized Barb Harding with Scott County Health, who spoke about the difficulty of prevention and increased use of tobacco among minors. 12 M71S96.DOC Printed 07/31/96 3: 15 PM · Mayor Andren recognized Kristina Burmeister, a minor who spoke on the availability of cigarettes through vending machines. · Mayor Andren recognized Dave Chromy. He spoke on behalf of the retailers of Prior Lake. He stated that retailers do not want to sell cigarettes to minors. They want to pass this ordinance, and only want to contest suspension of license for first violation. He said the license fees should be looked at as well, because it was a substantial jump in fee for license. There is the sales clerk, retailer, and the third party is purchaser. He said the burden should also be on purchaser. . Mayor Andren recognized the last speaker, Amy Johnson. She was a minor from Prior Lake-Savage school and in support of accepting the ordinance. . Pete Schenck questioned whether the parents were brought in. Matt Brokl said it was handled by County Attorney, and Police Chief Powell said that since the process was begun, kids are hiding cigarettes, and not smoking openly. . Mayor Andren questioned the difference between a misdemeanor and a petty misdemeanor. A petty up to $200 fine, is not part of permanent record. A misdemeanor would show up later, and is up to 90 days in jail. She agreed with changing the consequences of a first violation. She said she has a problem with putting clerks and merchants in jail for a year. There is no problem with a petty misdemeanor for all parties. . Dave Chromy said another concern is with parental responsibility. He said he has trouble with merchants being held responsible for someone else's minors. He said on page 2 under the application, there should be an amendment to put a period at the end of $500.00 under first violation. . Police Chief Powell said the Police are a parental substitute. . Councilmember Mader said Dave Chromy's point is valid, and it should be recognized that there are good and responsible merchants. Councilmember Mader said he is in favor of eliminating suspense of license for first violations. . Councilmember Greenfield asked where the 36 month window came from. Mr. Brokl said it was from the League of Minnesota Cities'. It is 13 Printed 07/31/96 3:15 PM a model draft ordinance, was borrowed from another City. The first violation would start the 36 month window. . Councilmember Schenck asked if the business is under one name, but it changes name, is its slate "clean"? Mr. Brokl said no, reapplication is required. MOTION BY KEDROWSKI SECONDED BY MADER TO APPROVE ORDINANCE 96-16 WITH MODIFICATIONS. Upon a vote taken, Ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Approval of Resolution 96-77, T.H. 13 Corridor Study Recommendations. . City Manager Boyles introduced the TH 13 Corridor Study background. He said the City wants the road to perform different functions. There were requests of unlimited access, stoplight at Five Hawks Avenue and I 70th. There isn't MnDOT Funding for improvements to a four lane road, etc. The only likelihood of improvements to 13 will be on an incremental basis. Without this study, MnDot has refused to make any road improvements. . Assistant Engineer Wingard said he had four informational meetings, and thank.ed the task force. He introduced a letter from the business of T.F. James, owner of commercial lots. Mr. James thought it was critical they retain access for business. Assistant Engineer Wingard made a brief presentation discussing the plan for reconstruction of Commerce. The layout will be worked on with MnDOT. We need to also talk about bike paths, find funding. . Paul Kachelmeyer with MnDOT presented a report. The question was whether anything needed to be done. The need was identified for work, and 6 million dollars covers a couple of miles. Traffic growth, it is anticipated, will double. Increase in gas tax did not pass. Cost of projects very expensive. Usually involve a mixture of funding, coordinating funding, and must be approved 4 -5 years in advance. There is an access task force to make it safer. Controlled access is the single most important item in relation to safety. Many people are very concerned about access. M71S96.DOC 14 Printed 07/3 1/96 3: 15 PM · Councilmember Schenck questioned the safety/ pnonty rankings. Commerce Avenue is one of the safest intersections. It is a B priority, while Rustic Road is a C priority. Commerce has 20 times the volume of traffic, so his question is in determining priorities. . Councilmember Mader said he views this as a master plan for TH 13; it becomes important document. He said he proposed to defer to read this and then focus on questions, etc. . Mayor Andren recognized Pastor Dan Turner. He spoke briefly in support of what was represented. He felt it addresses safety needs. He thanked City Staff for taking time to meet. . Mayor Andren recognized T.F. James, owner of 5 commercial lots. His concern is reasonable access to property. MOTION BY KEDROWSKI SECONDED BY MADER TO TABLE TO A TIME CERTAIN TO THE UNTIL SECOND MEETING IN SEPTEMBER. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Consider Approval of Ordinance 96-18 Amending Prior Lake City Code and Providing for a Moratorium on Adult Uses MOTION BY KEDROWSKI SECONDED BY GREENFIELD TO APPROVE ORDINANCE 96-18 AMENDING PRIOR LAKE CITY CODE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. Item (7E) Consider Approval of City Attorney Report with Respect to Landscaping equipment acquisition and Entry Monument for CSAH 21 Project. . Mayor Andren said if day labor was going to be used records need to be kept of the time, etc. There is a form which contains a formula' for this which includes hours and pay, and Mayor Andren asked for a copy of it. . Councilmember Mader commented on the assumption that it is legal to do this. We should keep in mind whether or not it is only legal if we M71S96.DOC 15 Printed 07/3 1/96 3: IS PM don't exceed $60,000. The City Attorney said the City can use excess bond proceeds for the entry monument. Mayor Andren said if the City is using bond money, the money should be put it into debt service. . Mayor Andren said if bond money is not going to go for the projects for which the public thinks it is intended, the public needs to be informed of this. She said the monument project came from 5 years ago as a downtown project. 9. OTHER BUSINESS: · City Manager Boyles mentioned the Scott County Leadership Forum. Also discussed was a League of Minnesota Cities request for $877 to support the Rights of Way Task Force. MOTION BY KEDROWSKI SECONDED BY GREENFIELD TO AUTHORIZE $877 FROM THE CONTINGENCY FUND FOR THE RIGHTS OF WAY TASK FORCE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 10. ANNOUNCEMENTS/CORRESPONDENCE ADJOURNMENT MOTION BY KEDROWSKI SECONDED BY MADER TO RECESS TO EXECUTIVE SESSION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. The Council opened the Executive Session at 11 :59 p.m. The Executive Session adjourned at 12:49 a.m. M71S96.DOC 16 Printed 07/31/96 3: 15 PM MOTION BY KEDROWSKI SECONDED BY SCHENCK TO ADJOURN THE CITY COUNCIL MEETING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. The " /1:duu-,/Z Jr8flh) Kirsten Koch, Recording Secretary M71S96.DOC 17 Minutes of the Emergency City Council Meeting July 18, 1996 1. Call to Order 2. Mayor Andren called an Emergency Meeting of the Common Council to order on Thursday, July 18, 1996 at 5: 10 PM at the City Hall Conference Room B. Present were: Mayor Andren, Councilmembers Mader, Schenck, and City Manager Boyles. 3. Pledge of Allegiance: There was no Pledge of Allegiance. 4. Consent Agenda: A) MOTION BY MADER SECONDED BY SCHENCK TO APPROVE A 3.2 TEMPORARY LIQUOR LICENSE FOR PRIOR LAKE ATHLETICS FOR YOUTH (P.L.A.Y.). Upon a vote taken, ayes by Andren, Mader, and Schenck, the motion carried. ADJOURNMENT Mayor Andren adjourne the meeting at 5: 13 PM. 1LiJ Frank Boy~/ City Ma~/l 16200 M~€:reek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER