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HomeMy WebLinkAbout010697 Regular REGULAR CITY COUNCIL MEETING DATE: January 6, 1997 1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:35 p.m. Present were: Mayor Andren, Councilmembers Kedrowski, Schenck, City Attorney Pace, Attorney Brokl, City Manager Boyles, Finance Director Teschner, Planning Director Rye, Planner Kansier, Police Chief Powell, and Recording Secretary Oden. Councilmember Mader was absent. Councilmember Greenfield had notified staff that he would be late and joined the meeting at 8:45 p.m.. 2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE THE MINUTES OF THE DECEMBER 16, 1996 CITY COUNCIL MEETING. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. 4. CONSENT AGENDA: MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE CONSENT AGENDA. Upon a vote, ayes Andren, Kedrowski and Schenck, the motion carried. 5. PRESENTATIONS: There were no presentations. 6. PUBLIC HEARINGS: There were no public hearings. 7. OLD BUSINESS: There was no old business. 8. NEW BUSINESS: A) Consider Approval of Resolution 97-XX Relating to an Appeal of John RS Detached Craig from a Decision of the Zoning Officer Relating to Detached Accessory Accessory Structures. Structures · There was a request from John Craig to defer this item to the January 21 meeting B) Consider Approval of Ordinance 97-03 Revising the Snowmobile OR Snowmobile Ordinance Requirements 16200 ~'~'~e~,~'~.w~.~P..~r~)"~c]~'~~%ta 55372-1714 / Ph. (612) ~?-~230 / Fax (612) AN EQUAL OPPORTUNITY EMPLOYER · City Manager Boyles introduced the item. He said Dick Powell had worked with the City Attorney's Office to update the ordinance. Chief Powell gave a brief presentation regarding the snowmobile ordinance. He thanked members of the snowmobile club for their support of the ordinance. He said they had felt that the language needed to be changed, and the two biggest changes were headlights and the penalty, by increasing the fine. He said it was also more specific regarding identification of streets, roads, County roads, etc. that could be ridden on. The Mayor recognized Terry Hutchinson of the Prior Lake Snowmobile Club. He said that they were looking at the language in the ordinance. His concern was under the proposed language resolutions could be passed without the knowledge of the snowmobile club, since ordinances are pubhshed in the paper and resolutions are not. · City Attorney Pace said that there was a big difference between an ordinance and resolution, and the club could arrange to be notified before resolutions are considered. She said the public has the responsibility of remaining informed. City Manager Boyles said it would likely be pubhshed in the paper if a resolution was to be considered that changed which streets snowmobiles could operate on because of safety issues. · City Attorney Pace said that if there was an emergency, and they couldn't wait for a public hearing, they may have to go ahead with a change. · Councilmember Kedrowski said the snowmobile group was there to ensure that they would be involved in the decision-making process regarding the snowmobile ordinance. They did not want the City Council to make a resolution changing the ordinance without their involvement. They wanted to remain informed, so that they were aware if they were to observe different operating rules. · Mayor Andren said that the Council was assuring that in case of the need to amend the ordinance, legally it would have to go through the public hearing process. · City Attorney Pace clarified that the concern was that they would miss it in the paper. She said that the club could notify the City Manager in writing so that they would be informed if this item came up at a meeting. The ordinance can have language added on section 2 B, "following published notice". · The Mayor recognized Monte Grineger, who said there had been things that changed that they were not aware of last year, and people were getting cited for violations they didn't know existed. He said the clubs were in support of the C: \MSOFFICE\WI NWORD\COUNC I L\M 1N 1697. DOC 2 City. They wanted to help with the ordinance and they wanted the City to know that they supported the ordinance. · Mayor Andren said there appeared to be compliance with the ordinance and people were being generally courteous and respectful. She said there should be key people that the City Manager would notify of changes in the ordinance before they take place. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT ORDINANCE 97-03 REVISING THE SNOWMOBILE ORDINANCE REQUIREMENTS AS AMENDED. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. The Mayor called a five minute recess. MOTION BY ANDREN, SECOND BY KEDROWSKI TO RECONSIDER THE CONSENT AGENDA. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE ITEMS A, B, D, AND E OF THE CONSENT AGENDA. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. C) Consider Approval of the 1997 Fee Schedule 1997 Fee Schedule · City Manager Boyles introduced the item. He said the schedule showed the changed or new fees proposed for 1997. · Councilmember Schenck questioned p2, item 3, burning permits. He asked about burning permits for townships. He said Lakeville collects from the townships. · Finance Director Teschner said the townships would have to pass an enabling ordinance to allow the City to collect. He said the township would have to authorize the City to charge the residents. They have just authorized the fire department to charge for fire calls. He did not think that they could charge for burning permits if outside the City limits, unless it were authorized. He said for now, townships were not charged. · Councilmember Schenck said if the City was providing permits to residents of the City, the Township residents should be charged also. C: \MSOFFICE\WIN WORD\COUNCIL\M 1N 1697. DOC 3 Fire Chief Chromy asked if it was a billing provision. Finance Director Teschner said that it was for fire calls. · Mayor Andren suggested that Fire Chief Chromy meet with the townships regarding the issue of being charged for burning permits, and get authorization. Councilmember Schenck asked about the number of false alarms, and the charge for the alarms that was proposed. · Chief Powell said there was a federal grant for crime prevention. He said there were other ways than charging people to correct the problem of false burglar alarms. · Councilmember Schenck asked about Carbon Monoxide detectors and alarms. He asked if maybe the squad cars could respond with a device and measure the level of Carbon Monoxide to determine its level before the Fire Department is called. · Chief Powell said there would have to be special training, and there may be problems with delays while squads waited for Minnegasco. Fire Chief Chromy said they were new devices, and there could be gas present, not just Carbon Monoxide. He said the last month to two months, the calls have been more serious. The equipment is improved, so it detects better now. It could be a car, or a heater. The ones that are not serious have been pretty much eliminated. He said for most calls, they go out with breathing apparatus on. He said the proposed cost was to recoup the cost of the truck. He did not recommend sending the police out instead, since Carbon Monoxide was very serious and could affect someone immediately. They would need masks and training. · Councilmember Kedrowski asked if the zoning officer appeal fee was if someone filed an appeal to the Council. · Planning Director Rye said that it was for the approval or denial of the Planning Commission, and that the appeal was a different step. · Mayor Andren said it should come off if there is a due process problem. · Councilmember Kedrowski asked about the zoning letter. · Planning Director Rye said that was to recover costs. · Councilmember Kedrowski asked why home occupancy permit cost was lowered. C,: \MSOFFICE\WIN WOR D\COUNCI L\M 1N 1697. DOC 4 · Finance Director Teschner said it would be similar to a variance, to recover administrative costs. He said if it is only at the staff level, it would be less work, and there should be less charged. · Planning Director Rye said the zoning officer appeal should remain in. In this case, if a staff renders a decision and it is appealed, this fee should be charged. Mayor Andren said she would entertain a motion to approve the 1997 Fee Schedule except the burning permits, fire calls, and carbon monoxide calls. MOTION SCHENCK SECOND KEDROWSKI TO APPROVE THE 1997 FEE SCHEDULE EXCEPT BURNING PERMITS, FIRE CALLS, CARBON MONOXIDE ALARM. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. D) Consider Approval of Ordinance 97-04 Amending the OR 97-0~ Subdivision Ordinance and City Code Pertaining to the Effect Amend Sub- of Subdivision Approval on Final Plats with Undeveloped Lots.d±v±s±°n 0rd±n . City Manager Boyles introduced the item. He said there was a difference in interpretations of subdivision plats, and whether plats remained standing after a certain period. · The Mayor recognized Dave Brown of 1227 Pioneer Lane Shakopee. He said he owns North Shore Oaks preliminary plat. He said he likes the ordinance. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE ORDINANCE 97-04 AMENDING THE SUBDIVISION ORDINANCE AND CITY CODE PERTAINING TO THE EFFECT OF SUBDIVISION APPROVAL ON FINAL PLATS WITH UNDEVELOPED LOTS. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. E) Consider Approval of Appointments and Bylaw Revisions for Appo±ntment 1997. & Bylaw Rev MOTION KEDROWSKI SECOND ANDREN TO NOMINATE COUNCILMEMBER SCHENCK AS ACTING MAYOR FOR 1997. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. C: \MSOFF1CE\WINWORD\COUNC. I[,\'M IN 1697.1)OC 5 MOTION KEDROWSKI, SECOND SCHENCK TO NOMINATE THE PRIOR LAKE Official AMERICAN AS THE OFFICIAL NEWSPAPER OF THE CITY OF PRIOR LAKE Newspaper FOR 1997. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. MOTION KEDROWSKI, SECOND SCHENCK TO NOMINATE PRIOR LAKE CITY Official BANK AS THE OFFICIAL BANK OF THE CITY OF PRIOR LAKE FOR 1997. Bank Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. Equalization MOTION KEDROWSKI SECOND SCHENCK TO NOMINATE THE CITY Committee COUNCIL AS THE EQUALIZATION COMMITTEE FOR 1997. Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO NOMINATE PARK 0fficial NICOLLET AS THE OFFICIAL HEALTH OFFICER OF THE CITY OF PRIOR Health LAKE. Officer Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried. · Items 5 (Fire Chief and Assistant Fire Chief), 6 (Auditing Firm), and 8 (Civil Defense Director) of the Agenda report required no action. MOTION KEDROWSKI SECOND SCHENCK TO APPOINT BOB MCCALLISTER Animal AS THE ANIMAL CONTROL OFFICER FOR 1997. Control Officer Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried. 9) Other Business · Councilmember Schenck discussed his visit with Senator Wellstone, and the discussions on the Tobacco Ordinance, compliance checks, etc. · Mayor Andren said that she and Councilmember Greenfield revised the performance evaluation form for the City Manager. It is more concise, and there are two levels added. If there was dissatisfaction or much satisfaction about the manager's performance, there should be comments. Evaluations should be turned in by January 25th to the City Manager. · Mayor Andren said item 4C, required a four fifths vote and she was seeking a motion to approve. C: \MSOFFICE\WIN WORD\COUNCIL\MIN 1697. DOC 6 MOTION BY SCHENCK SECOND BY KEDROWSKI TO RECONSIDER AGENDA OR 97-01 ITEM 4C, CONSIDER APPROVAL OF ORDINANCE 97-01 AMENDING THE Zoning Ordin ZONING ORDINANCE AND CITY CODE AS IT PERTAINS TO THE Communica- TREATMENT OF COMMUNICATIONS ANTENNAES AND EQUIPMENT tions Antennaes BUILDINGS. & Equip Upon a vote, ayes Andren, Greenfield, Kedrowkski, and Schecnk, the motion carried. · City Manager Boyles went over the changes in the City Council, Planning Commission, Lake Advisory Committee, and Parks Advisory Committee Bylaws. · The Planning Commission, Lake Advisory Committee, and Parks Advisory Committee were amended as recommended to reflect two year terms instead of one. A change in the Planning Commission reflects a 7:00 p.m. start instead of 7:30. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE PLANNING Bylaws COMMISSION, PARKS ADVISORY COMMITTEE, AND LAKE ADVISORY PC, PAC & COMMITTEE BYLAWS AS AMENDED. LAC Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion carried. · City Manager Boyles said that City Attorney Pace had done a great deal of work on the City Council bylaws. He went over the changes. · Councilmember Kedrowski asked about page 23, conflict of interest, etc. He asked City Attorney Pace about gifts and favors, campaign donations, what was legal or not. · City Attorney Pace said there is state statutes governing campaign funds. She said these are bylaws governing Council conduct. The League says do not accept donations period, some of these rulings are out of the ethics committee. · Mayor Andren said that taking nothing is the best philosophy, to avoid a problem. MOTION BY ANDREN, SECOND BY GREENFIELD TO ADOPT THE CITY Bylaws COUNCIL BYLAWS AS AMENDED. City Council Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, the motion carried. The meeting was adjourned by general consent at 8:55 p.m.. C: \MSOFFICE\WI N WORDkC. OUNCI [.\MI N 1697. DOC 7 Recording Secretary C: \M SOFF1CE ,V~ 1NWORD ,COl.}NC I L',,iM 1N 1697. DOC 8