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Home My WebLink About112194 RegularCOUNCIL WORKSHOP - 5:00 - 7:00 P.M. COMMERCIAL, INDUSTRIAL OFFICE LAND USE PLAN OPEN FORUM- 7:00- 7:25 P.M. REGULAR COUNCIL MEETING AGENDA November 21, 1994 . . . . . . . CALL TO ORDER ........................ 7:30 p.m. PLEDGE OF ALLEGIANCE CONSIDER APPROVAL OF MINUTES OF PREVIOUS MINUTES CONSENT AGENDA: a. Consider b. Consider c Consider d. Consider e. Consider f. Consider g. Consider h. Approval of Invoices To Be Paid Approval of Animal Warden Report Approval of Building Permit Report Approval of Fire and Rescue Report Approval of Treasurer's Report Approval of Lake Advisory Committee Appointments Finalization of Board and Committee Reappointments Consider Approval of Change Order #2 for the Prior Lake Fire Station #1 Project. Consider Approval of Revised Sign Ordinance Consider Approval of Refuse Hauler Permit for Dick's Sanitation. PRESENTATIONS: A. Lawrence Dux, Prior Lake Representative to the Extension Committee will be presenting an update of the Committee's activities for 1994 and 1995. PUBLIC HEARINGS: OLD BUSINESS A. Conduct Public Information Meeting to Consider Continuation of Proposed Winter Accesses: Lords Street and Beach Street. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER B. Consider Approval of Ambulance Study Report. C. Consider Approval of Resolution Adopting Feasibility Report for 1995 Public Improvement Projects. NEW BU~INE~ A. Discuss Parks Advisory Committee Park Funding Sources and Recommendations. 1 B, Consider Appointment of Boarman, Kroos, Pfister, Rudin and Associates to Provide Design Services for Furniture Systems for Upper and Lower Levels of City Hall. C. Update on Street Lighting Issues. OTHER BUSINESS A. 10. ANNOUNCEMENTS/CORRESPONDENCE A. 11. ADJOURNMENT A11214.WRT MINUTES OF THE CITY COUNCIL Monday, November 21, 1994 ,, . ,. ,. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, November 21, 1994 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Scott and Schenck, City Manager Boyles, City Engineer Anderson, Acting 'Planning Director Tremere, Associate Planner Mitchell, Water Resources Coordinator Leichty, Parks and Recreation Director Mangan, Assistant City Engineer Loney, Attorney Rathke and Recording Secretary Birch. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING - Mayor Andren noted a correction on the voting results of the meeting minutes and consent agenda. Since Councilmember Schenck was absent at this meeting, he should not have been shown as voting. The two errors were on page 3 and page 4 MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE MINUTES AS AMENDED. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski and Scott the motion passed. Councilmember Schenck abstained since he had not been at the meeting. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Permit Report Consider Approval of Fire and Rescue Report Consider Approval of Treasurer's Report Consider Approval of Lake Advisory Committee Appointments Consider Finalization of Board and Committee Reappointments Consider Approval of Change Order #2 for the Prior Lake Fire Station #1 Project. Consider Approval of Revised Sign Ordinance Consider Approval of Refuse Hauler Permit for Dick's Sanitation. Minutes Minutes amended Invoices Dog Catcher Bldg. Permits Fire & Rescue Treasurers Lake Adv. Comm. Adv. Body App t Change Order Fire Dept. Sign Ord. Refuse Hauler Permit - Dick' 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN E~L~AL OPPORTUNITY EMPLOYER Prior Lake City Council Minutes November 21, 1994 1 1 w Mayor Andren requested that Item 8 B be removed from New Business and placed on the consent agenda for approval. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO APPROVE PLACING ITEM 8 B ON THE CONSENT AGENDA FOR CONSIDERATION. Upon a vote taken, yeas by Andren, Greenfield Kedrowski, Scott and Schenck. The motion carried. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (j) AND 8 B SCHENCK ABSTAINED FROM VOTING ON ITEM 4 (f). Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck. The motion carried. PRESENTATIONS: A! Lawrence Dux, Prior Lake Representative to the Extension Committee presented an update of the Committee's activities for 1994 and 1995. Mr. Dux discussed various services provided by the Extension service which are available to all residents of the Prior Lake commuhity. Mr. Dux handed out informational brochures describing the various functions of the Extension Committee. Mayor Andren thanked Mr. Dux for his presentation. PUBLIC HEARINGS: OLD BUSINESS A. Conduct Public Information Meeting to Consider Continuation of Proposed Winter Accesses: Lord's Street and Beach Lane. - City Manager Boyles stated that the Lake Advisory Committee had reviewed the nineteen lake accesses and gave their recommendation to the Council on November 7. He stated that the Beach Lane issue would be discussed first. Lani Leichty, Water Resources Coordinator, briefly reviewed the purpose and results of the lake access study and presented an overhead which indicated the current access sites. Council had questions pertaining to the Beach Lane Access. The following residents addressed the Council with their concerns about the Beach Lane access: Scott Donaldson, 14247 Shady Beach Trail, discussed the problem of enforcement of after hours use of the access. It is presently posted as closed from 11:00 p.m. to 6:00 a.m. Dave Smith, 14253 Shady Beach Trail, also expressed concerns about the lack of public adherence to the time limit at the access and the difficulty in enforcement. Consent Agenda temoarman mroos Design Services Consent Agenda Extension Committee Rep. Lawrence Dux Lord's Street Winter Access and Beach Lane Access -2- Prior Lake City Council Minutes November 21, 1994 John Bradley, 14190 Bayview Circle, and Scott Hafferman 15855 Fremont, were opposed to closing this access. Council discussed whether the sheriff's office was responsible for enforcement. Chief Powell responded that the Prior Lake Police Department is responsible for enforcement of the land area only, but the police cannot always be present to catch offenders. Councilmembers asked whether snowmobiles were a problem, and stated that the current ordinance would have to be amended to bring it up to date. Discussion also occurred over the legality of installing gates at the access. Council concurred that Beach Lane should remain open as a winter access. Mayor Andren recommended that staff update the ordinance regarding snowmobiles. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO ADOPT THE RECOMMENDATION OF THE LAKE ADVISORY COMMITTEE (WITH EXCEPTION OF BANNING OF SNOWMOBILES) TO RETAIN BEACH LANE AS A WINTER ACCESS FROM NOVEMBER I THRU MARCH I BETWEEN THE HOURS OF 6:00 A.M. AND 11:00 P.M. DAILY. THE STAFF WAS DIRECTED TO REVIEW THE RESTRICTED ACCESS ENFORCEMENT BETWEEN THE HOURS OF 11:00 P.M. TO 6:00 A.M. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck. The motion carried. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO DIRECT STAFF TO REVIEW AND REVISE THE ORDINANCE WITH REGARD TO SNOWMOBILE USE WITHIN CITY LIMITS. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck. The motion carried. Gale Klingberg - 17187 Langford Blvd, stated that the Sportsmans Club owns a portion of the Beach Lane easement. Attorney Rathke stated that the city has no authority to gate the access and suggested that the Shady Beach residents try to work with the Sportsmans Club on this issue. Lani Leichty then discussed the pros and cons of leaving the Lord's Street access open. Glenn Klingberg, 15855 Fremont Avenue, spokesman for the Sportsmans Club, spoke retaining this area as a public access. acting as in favor of Lake Advisory Committee's Recommendation for Beach Lane Snowmobile Use Ordinance ''3- Prior Lake City Council Minutes November 21, 1994 The following residents voiced their opinions regarding the access: -- Lena Duffy, 4500 Lord'S ,~{reet, objected to the public access remaining open. David Hunt, 4580 Lord's Street, stated that he is the owner of the property in question and has legal documents registered with County Court to prove it. He questioned whether the City has acquired legal rights to this "access." Michelle Hunt, 4580 Lord's Street, discussed the issue of convenient access to the lake. Tom Soderholm - 4255 Lord's Street, stated that he has been using the access for several years and is in favor of keeping it open. Bill Packer, 4633 Lord's Street, voiced concern that the school bus does not come down the street but only stops at the entrance of the addition, and asked whether the city could do anything about it. Dan Borchardt, Dan's Auto Repair, stated that he has been using the access for approximately 38 years and was in favor of retaining the access. Walter Jobst, 15110 Martinson Island Road, was of the opinion that accesses should be available for the public but that laws regarding use of the access should be enforced. Kitty Jobst, 15110 Martinson Island Road, stated that rules should be enforced, and inquired as to whether the Lake Advisory Committee was given a history on the access and did the city have work orders to show they had been maintaining the area? James Christensen, 13270 154th Street, stated that due to thin ice conditions on portions of the lake, Lords Street access was the safest one close to that particular part of the lake. Asa Kim, 4626 Lord's Street, supported the Hunt's position and closing of'the access. Barb Stark, 15283 Edgewater Circle, stated her concerns over the issue of private property. Glenn Klingberg, 15855 Fremont Avenue, stated that the Sportsmans Club will take legal action if the access is closed, and that they will also sue to having the other accesses opened to the public. -4- Prior Lake City Council Minutes November 21, 1994 -- Paul Kramer, 15310 Edgewater, addressed safety issues. Bob Graden, 4646 Lord's Street, supported retaining the accesses. Dave Bergeron, 15291 Edgewater Circle, expressed concern over the designation of prescriptive easement. Linda Brinkman, 4579 Lord's Street, recommended Watzl's Point as an acbess. Extensive discussion occurred between Councilmembers, staff and the attorney as to the meaning of prescriptive easement, how they are determined, the city's responsibility to prove the prescriptive easement, enforcement of rules pertaining to the access and what the city could do about vacating the property as an access. Lake Advisory Committee member, Tom Watkins, addressed the Council and gave his opinion on the easement and suggested that Council make a decision as to whether or not to keep it as a winter access. Further discussion occurred as to whether the city can vacate a private prescriptive easement and as to whether or not the Sportsmans Club could take the issue to court and claim prescriptive easement. Public Works Director Anderson discussed the process for vacating an easement. MOTION BY SCOTTi SECONDED BY GREENFIELD, TO REJECT THE LAKE ADVISORY COMMITTEE'S RECOMMENDATION TO MAKE LORD'S STREET A WINTER ACCESS. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott, Schenck abstained. The motion carried. City Manager Boyles was directed to set a public hearing date. By establishing vacation proceedings the city is recognizing that there may be a prescriptive easement. Gina Mitchell, stated that Attorney Kessel advised her that the city should go through the formal vacation hearing process. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO RESCIND THE PREVIOUS MOTION AND TABLE THE ISSUE UNTIL THE CITY CAN OBTAIN A WRITTEN LEGAL OPINION AS TO HOW TO PROCEED. Rejection of Lake Advisory Committee's Recommendation on Lord's Street -5- Prior Lake City Council Minutes November 21, 1994 am a. Upon a vote taken, yeas by Greenfield, Kedrowski, Nays by Andren and Scott. Schenck abstained. The motion failed A short recess was called. The meeting reconvened at 10:50 p.m. By general consent of the Council, January 16, 1995 was agreed upon as the date to hold the vacation hearing on the Lords Street access. The Council concurred that no action would be taken to close the access until the vacation hearing takes place. Consider Approval of Ambulance Study Report. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE .AMBULANCE STUDY REPORT AND IMPLEMENT ITS RECOMMENDATIONS. Upon a vote taken, yeas by Andren, Greenfield, Kedrowski, Scott and Schenck. The motion carried. City Manager Boyles thanked the Ambulance Study Committee members present for their participation. COUNCIL CONCURRED THAT ITEMS 8A AND 8C SHOULD BE TABLED FOR DISCUSSION UNTIL DECEMBER 5, 1994. C. Consider Approval of Resolution Adopting Feasibility Report for 1995 Public Improvement Projects. Assistant City Engineer Loney presented information pertaining to the 15 proposed improvements in 1995. Discussion occurred on the projects. Staff requested Council direction on which of the projects they wished to see completed in 1995. Council reduced the number of projects to be completed in 1995 so that the tax levy impact is within previously established parameters. A resolution approving the feasibility study with a reduced number of projects will be considered on December 5. NEW BUSINESS A, Discuss Parks Advisory Committee Park Funding Sources and Recommendations. This item was tabled until December 5. B. Consider Appointment of Boarman, Kroos, Pfister, Rudin and Associates to Provide Design Services for Furniture Systems for Upper and Lower Levels of City Hall. This item was placed on the consent agenda and approved. C. Update on Street Lighting Issues. This item was tabled until December 5. Ambulance Study Report Tabled to Dec. 5 Tabled to Dec. 5 Placed on Consent Agenda Tabled until Dec. 5 -6- Prior Lake City Council Minutes November 21, 1994 ga 10. OTHER BUSINESS A. City Manager Boyles discussed a complaint he had recently received regarding Animal Control Officer, Bob McAIlister. Mr. Boyles said he would check with the police department to ascertain whether the conditions are as bad as the letter stated and look at alternatives. Mr. Boyles stated that staff had researched the possibility of having others assume the animal control duties last year and found that the cost would be several times more than the current procedure. Councilmembers requested that staff look into whether animals are being abused and report. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT There being no further business the meeting adjourned at 11:40 p.m. The next Council meeting will be Monday, 7:30 p.m. ,~e,, ~e~ber 5, 1994 at Recording Secretary M11214.WRT -7-