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Home My WebLink About042092 RegularES MINUTES OF THE CITY COUNCIL April 20, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, April 20, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, Planning Director Graser, Parks and Recreation Director Mangan, Assistant City Engineer Loney, Engineering Technician IV Hartman, City Attorney Kessel and Recording Secretary Jaspers. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the April 6, 1992 Council meeting were reviewed by Council. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE APRIL 6, 1992 COUNCIL MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Kedrowski, Scott, and White, the motion carried. Councilmember Fitzgerald abstained from voting due to the fact he had been absent during the April 6, 1992 meeting. The next order of business was approval of the Consent Agenda as follows: a) b) c) d) e) f) g) h) i) J) k) 1) Consider Approval of Invoices To Be Paid Ynvoic~ Consider Approval of Animal Warden Report Dog Consider Approval of Building Report B2H~. Consider Approval of Fire and Rescue Report £i~e, & Consider Approval of Temporary 3.2 Beer Permit 3.2 for Men's Softball Association Consider Approval of Registered Land Survey R/J- Ramo. for Ramona Hennen Consider Approval of Simpson-Gelhaye R. Settlement Agreement Consider Approval of Resolution 92-15: Proposal to Form Development District No. 2 De,v. Consider Approval of Resolution 92-16: #2R39216 Resolution Recognizing Margaret O'Keefe for Receiving an ACCW Lay Women Volunteer Award Consider Approval of Arbor Day Proclamation Consider Approval of Resolution 92-17: Resolution Proclaiming the Week of May 1-7, 1992 as "Respect For Law" Week Consider Approval of Treasurer's Report /i,,tbonDa¢ R59217 La~ ~e,ek 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ~ EQV^n O~O~tV~it¥ Minutes of The Prior Lake City Council April 20, 1992 Mayor Andren removed Consent Agenda Item (a) Invoices to be Paid and asked that it be considered on the Agenda before Other Business. Consent Agenda Item (g) was clarified by Attorney Kessel. A new draft of the Settlement Agreement was distributed clarifying a Recital and the Exchange. Kessel stated the essence of the Agreement remains the same even with these changes. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE THE Co~n~ CONSENT AGENDA ITEMS (b) THRU (1) WITH ITEM (g) AMENDED. A~fa Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. The next order of business was: Presentation of Donation from Girl Scout Troop #337. Parks Director Bill Mangan presented Pam Whitemore of the Troop who explained the "Adopt A Park" participation by the Girl Scout Troop and the work involved in collecting aluminum cans to acquire money. A check for $90 was then presented to Mayor Andren from Girl Scout Troop #337 for trees to be purchased for the Willows and Sunset Park. Mayor Andren also accepted two other checks for trees: Girl Scout Troop #350 for $18.00 and Girl Scout Troop #46 and #421 for $18.00. Mayor Andren read the girls names for the record and together with the Council thanked them for their efforts. The next order of business was: Presentation from Staff on Customer/Emp. loyee Relations Policy. Doug Hartman introduced the task force in attendance: Judy Pint, Kay Schmudlach, Rob Boeckman and Jay Scherer. Hartman reviewed the policy for the Council. City Manager Unmacht thanked the task force members and responded to several questions on the policy. The next order of business was: Consider DNR Amendments to Eurasian Milfoil Ordinance 92-01. City Manager Unmacht updated 92-0! the Council on the DNR amendments. The first is a policy change with respect to riparian access restrictions through marked mil foil areas, and the second is an administrative change relating to the sunset provision. Tom Watkins from the Lake Advisory Committee briefly went over the DNR recommendations and on behalf of the Committee recommended City Council adopt the DNR Amendments. Jerry Meysembourg from the Lake Association and Watershed District concurred that the DNR language be considered for incorporation into the Ordinance. Meysembourg offered suggestions for Ordinance clarification. Councilmember Fitzgerald felt that all lakeshore property owners should be notified where Eurasian Milfoil is identified and marked for treatment. Council concurred that public notification is an important aspect of the Ordinance implementation. It was the consensus of the Council to place this item on the May 4, 1992 Agenda to allow for further public input. The next order of business was: Consider Final Plat and Developer' s Agreement for Woodridge Estates First Addition. Planning Director Graser presented the Final Plat of Woodridge Estates First Addition together with the Developer's Agreement. Minutes of The Prior Lake City Council April 20, 1992 Assistant City Engineer Loney handed out corrected signature pages 10 and 11 of the Developer's Agreement. Discussion occurred. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE FINAL Wood PLAT FOR WOODRIDGE ESTATES FIRST ADDITION CONTINGENT UPON $375.00 PARK DEDICATION BE PAID, $174,902.00 DEVELOPER'S AGREEMENT BE PAID, AND THE DEVELOPERS PROVIDE A REQUIRED LETTER OF CREDIT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE Woo6~e DEVELOPER'S AGREEMENT FOR WOODRIDGE ESTATES FIRST ADDITION CONTINGENT UPON THE SIGNATURE PAGE OF THE PARTNERS TO BE NOTARIZED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. At this time a recess was called. The meeting reconvened at 8:30 p.m. The next order of business was: Consider Off Sale Liquor License 0~ SUe Transfer Application of Thomas Kowalsky, Kowalsky Enterprises, Inc. Mr. Kowalsky was present to answer any questions. The Liquor Committee has recommended that the Transfer Application be approved. City Manager Unmacht reviewed this application. Mayor Andren asked for public comments on the application. There were no public comments on this item. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE LIQUOR LICENSE TRANSFER APPLICATION OF THOMAS KOWALSKY, KOWALSKY ENTERPRISES, INC. DBA GATEWAY WINE AND SPIRITS. 0~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott ~a~. and White, the motion passed unanimously. Councilmember Kedrowski removed himself from the Council table due to a possible conflict of interest in the next two items. The next order of business was: Consider Liquor License O'~L~'~ Applications of Shelby Armit, O'Malley's On Main. City Manager om ~ Unmacht reviewed this item with regard to three different license applications 1) Sunday Liquor, 2) On Sale Intoxicating, and 3) Liq. Lic~u. Off Sale Intoxicating. The Liquor Committee has recommended that the applications be approved. Shelby Armit made a short presentation and was present to answer any questions. Mark Stromwall, Manager, was present and gave a brief overview of the plans for the facility. Stromwall stated the business plans to open by the middle or end of May. Mayor Andren asked for any further public comment. There was no additional public input. Council discussion followed. Based on a Liquor Committee recommendation, the consensus of the Council was to pro rate the license fees from May 15 to expiration date of June 30, 1992. Discussion occurred on the applications and pro rating the license fees. Minutes of The Prior Lake City Council April 20, 1992 MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE 0'~~ LIQUOR LICENSE APPLICATIONS OF SHELBY ARMIT FOR O'MALLEY'S ON on ~ MAIN WITH THE PRO RATED FEE SCHEDULE EFFECTIVE FOR MAY 15, 1992~o~ THROUGH JUNE 30, 1992. Lic~ Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White, the motion passed. One abstention: Kedrowski. The next order of business was: Consider Resolution 92-13 for 1992 Lawful Gambling License for the Premise of O'Malley's On Main. City Manager Unmacht stated that the Liquor Application has been approved and it is in order to ~roceed with this item. Councilmember Scott asked for a clarification on the processing of premise permits. Discussion occurred on the Premise Permit Application of the Lions Club. 92-13 MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE RS 92-13 RESOLUTION 92-13 APPROVING THE 1992 LAWFUL GAMBLING LICENSE FOR L~~ THE PREMISE OF O'MALLEY'S ON MAIN. ~~ ~or O'~al~'s Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White, the motion passed. One abstention: Kedrowski. At this time Councilmember Kedrowski returned to the Council table. The next item of business was: Discuss Status of County Road 21 Corridor Projects. City Manager Unmacht presented the projects to Council and introduced the representatives of the projects. a. Centennial Plaza - Assistant City Manager Schmudlach reviewed the plans, brick concept, funding needed to complete this project, dedication ceremony tentatively set for June 20, and the Centennial Plaza Action Plan. Discussion followed with the City Council. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE ACTION PLAN AS PRESENTED AND AGREE TO PAY NO MORE THAN $2,500.00 FROM THE CONTINGENCY FUND TO COMPLETE THE PLAZA CONSTRUCTION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Be Fountain - Engineering Technician IV Hartman reviewed the fountain plans with regard to location, type of fountain, costs of electrical installation and benches, maintenance, and funding needed. Discussion followed with the City Council. There was concern regarding vandalism damage and Council directed staff to check on liability insurance. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO AUTHORIZE FUNDING FOR THE FOUNTAIN AND BENCHES FROM THE CONTINGENCY FUND NOT TO EXCEED $9,700.00. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Minutes of The Prior Lake City Council April 20, 1992 Ce Heritage Park - Assistant City Manager Schmudlach Heritage reviewed the progress of brick sales, location of park, Par~ landscaping, and funding needed to complete this Pia$$$a project. Discussion followed by the City Council and the consensus was to table this item until a later date to allow staff to contact individuals who have acquired a brick for this park. The next order of business was: Consider Parks Advisory Committee Recommendation to Proceed with Final Grant Application for McDonald Property. Parks and Recreation Director Mangan reviewed the grant process and presented the Parks Advisory Committee's recommendation for the grant application for the McDonald parcel. Discussion followed by the City Council. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE ~cDonaid PARKS ADVISORY COMMITTEE RECOMMENDATION TO PROCEED WITH THE FINAL GRANT APPLICATION AND CONTINUE NEGOTIATIONS WITH BILL McDONALD TO ~ran~ BRING AN AGREEMENT BACK TO THE COUNCIL FOR FINAL APPROVAL. COUNCILMEMBER FITZGERALD WILL ASSIST STAFF WITH THE NEGOTIATIONS. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott, and White, the motion passed unanimously. The next order of business was: Consent Agenda Item (a) This item was removed earlier in the meeting to allow Agenda #7 to be approved before considering the invoices which Included expenses from the Prior Lake Construction Fund and Trunk Reserve Fund for Woodridge Estates First Addition. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE CONSENT AGENDA (a) INVOICES TO BE PAID FOR TUESDAY, APRIL 21, Agenda 1992 AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott, and White, the motion passed unanimously. Topics discussed under Other Business are as follows: City.Mgnager Unmacht commented that the City has been receiving calls from across the country on the impact the gaming facilities and the success of Little Six Bingo has on the City. Police Chief Dick Powell submitted an article in the Wisconsin State Journal regarding the Casino in Prior Lake. Unmacht noted the good job Police Chief Powell is doing in working with the Reservation and Little Six officials. City Manager Unmacht will make copies of the article for the Councilmembers. Assistant City Manager Schmudlach reviewed what took ~lun~eer place the last two years for the Volunteer Appreciation Appreciati~ Ceremony. Ideas were requested from the Council for the Cer~mon~ 1992 ceremony. It was the consensus of the Council that Memorial Park was the most appropriate location. Staff to proceed with follow up plans. Minutes of The Prior Lake City Council April 20, 1992 Parks and Recreation Director Mangan invited the Council ~Rbo~ and public to the City Arbor Day Celebration Friday, A~ri~ 24 from 5:00-7:00 p.m. There will be a social and p~cn~c at City Hall At 6:00 p.m. Mayor Andren will read the ProclamatiOn with tree planting to follow. Councilmember Fitzgerald requested a status report on the re-evaluation of the Orderly Annexation area that/~aexa/~on developed from the Council Workshop. City Manager Unmacht stated that a draft report is being reviewed by staff. Consensus of the Council was to review this report as soon as possible. ~;~. Assistant City Manager Schmudlach handed out a copy of the MVTA Marketing Study. Public Works Director Anderson passed out a memo to inform the Council on lead and copper testing requirements that has been mandated by the Environmental Protection Agency. This means 60 homes have to be tested twice a year and a public notice will appear in the newspaper. There being no 9:53 p.m. further business, the meeting adjourned at by general consent of the Counci~~ ~/~ D/.a~l~d ~ J. Unmacht ( c~y Manager Angela Jaspers Recording Secretary