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HomeMy WebLinkAbout070196 Regular E MINUTES OF THE PRIOR LAKE CITY COUNCIL 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, July 1, 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, 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 June 17 minutes, Councilmember Mader noted several changes to be made to his remarks. On page 8, in the second paragraph, his remarks should read that he "...would not approve future purchase orders where bidders were told in advance what to bid." On page 9 the words "...the definition of actual costs..." in the fourth paragraph should be deleted since there was no clear definition. Last, on page 11, the first paragraph should read, "...the proposed house could be relocated on the site without a variance, but Elmer Clarke's decision to sell the adjacent lot caused his need for a variance." MOTION BY MADER SECONDED BY KEDROWSKI TO APPROVE THE JUNE 17, 1996 MINUTES AS CORRECTED. Upon a vote taken, ayes by Andren, Kedrowski, Mader, and Schenck, (abstention by Greenfield because he was absent from the June 17th meeting), the motion carried. 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 Woodlake Sanitary Service. F. Consider Approval of Contract for Use of Fire Safety House for Safety Camp. -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 July 1, 1996 Mayor Andren indicated that items A and D should be removed from the Consent Agenda and placed after Other Business for discussion. MOTION BY KEDROWSKI SECONDED BY SCHENCK TO APPROVE ITEMS B, C, E, F OF THE CONSENT AGENDA AND CONSIDER ITEMS 4A AND 4D AFTER OTHER BUSINESS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, motion carried. 5. PRESENTATIONS: A. Mayor Andren thanked Larry Anderson for 21 years of service. City Manager Boyles outlined Larry Anderson's contributions to the City of Prior Lake. Larry Anderson gave some brief remarks, and Mayor Andren presented him with an engraved clock on behalf of the City Council and the City of Prior Lake B. Mayor Andren presented Tom Watkins with a plaque commemorating his contributions to the City of Prior Lake during his 5 years on the Lake Advisory Committee. City Manager Boyles outlined Tom Watkins' accomplishments and Tom Watkins remarked briefly. C. Mayor Andren presented Tom Loftus with a plaque commemorating his service for 13 years to the City on the Prior Lake Planning. City Manager Boyles outlined Tom Loftus' accomplishments, and Tom Loftus briefly remarked. D. Paul Hokeness, Parks and Recreation Director, gave a brief presentation regarding the request of VFW 6208 to name Memorial Park field "Veterans Field". It was agreed that the Memorial Park field should be named Veterans Field and Ponds Park fields would be Mangan Fields to honor Bill Mangan. Another item of discussion was currently there is no process for naming streets, parks, or City facilities. Director Hokeness said he would look into this. Gary Allen from VFW 6208 spoke on behalf of the VFW and American Legion. MOTION BY ANDREN SECONDED BY MADER TO NAME MEMORIAL FIELD "VETERANS FIELD". Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 070196.DOC 2 Minutes of the Prior Lake City Council July 1, 1996 MOTION BY SCHENCK SECONDED BY KEDROWSKI TO NAME PONDS PARK FIELD "MANGAN FIELDS". Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY KEDROWSKI SECONDED BY SCHENCK FOR THE STAFF TO PROPOSE A PROCESS AND POLICY FOR NAMING OF STREETS AND PARKS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 6. PUBLIC HEARINGS A. Public Hearing to Consider Approval of Massage Therapy License Application for Jennifer Lambert pursuant to city code to be conducted at Kay Lynn Coffee Shop/Tanning Salon in Priordale Mall. · The Mayor opened the hearing at 8:00 p.m. Ms. Lambert is required to obtain two licenses; a business license and a personal services license. She wanted the Council to consider waiving the $250 license fee because she already paid $350 for a zoning change to allow Massage Therapy in a B-3 district. The Mayor recognized Jennifer Lambert (4575 139th Street, Savage), who had no comments. No one else wished to speak. The Council felt it would be inappropriate to waive a fee common to any business which requires a zoning change. The Council discussed deferring the action to the July 15th meeting. MOTION BY KEDROWSKI SECONDED BY GREENFIELD TO CLOSE THE HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. The Public Hearing Closed at 8:03 p.m. MOTION BY KEDROWSKI SECONDED BY SCHENCK TO DENY THE REQUEST OF JENNIFER LAMBERT FOR WAIVER OF THE $250 FEE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 070196.DOC 3 Minutes of the Prior Lake City Council July 1, 1996 B. Public Hearing to Consider Proposed Merger of Triax/DD Cable Company. Continuance. MOTION BY KEDROWSKI SECONDED BY SCHENCK TO CONTINUE THE HEARING REGARDING THE PROPOSED MERGER OF TRIAX/DD CABLE COMPANY TO THE AUGUST 5TH MEETING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. 7. OLD BUSINESS A. Consider City Attorney Report with respect to Junkyards and Code Enforceability. The purpose of reviewing the ordinance is to determine its effectiveness. The City Attorney has come up with a revised ordinance. The objective of the discussion is to determine how the City Council wishes to proceed. · Councilmember Mader said the current code allows a misdemeanor charge and fine in relation to Junk Cars. A Junk Car is classified as a nuisance, so the city can remove it after posting a notice. The only minor question to be dealt with is what procedure to follow if the property owner cannot be found, such as the case with vacant lots. · There was some discussion on who would be responsible for proceeding with enforcement. Depending upon the situation, it could be either the City Attorney or the Prosecuting Attorney. · Councilmember Kedrowski addressed the question of staff time to enforce the ordinance, suggesting the costs should be weighed. There was some discussion on the time factor. Building Official Staber stated that the standard process in dealing with Junk nuisances was trying to obtain compliance rather than let it reach the court system. Their process is to send 3 letters in 30 days. If the situation remains a problem it is sent to the prosecutor. · There was brief discussion on another avenue of compliance/waiver, the special assessment. Councilmember Mader received calls from several individuals who spoke with the City regarding Junk Yards / Cars. They said the City claimed there was no basis for cleaning it up. · Councilmember Kedrowski was concerned with how the City will pay for the enforcement and how it will affect staff time. 070196.DOC 4 Minutes of the Prior Lake City Council July 1, 1996 · Mayor Andren asked for a clarification of how the Council wanted the ordinance modified. Councilmember Mader said the ordinance should be adopted if the City Attorney can modify it relative to posting on vacant property. The City Attorney discussed publishing a notice in the newspaper for the vacant property item. MOTION BY MADER SECONDED BY GREENFIELD TO ADOPT THE JUNK YARD / JUNK CAR ORDINANCE WITH ONE AMENDMENT AS RECOMMENDED BY THE CITY ATTORNEY. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. 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. MOTION BY ANDREN SECONDED BY GREENFIELD TO APPROVE 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. · Further discussion ensued regarding the amount of credit which is given to virgin woods and slopes less than 10% with undisturbed topsoil. Director Hokeness explained that our immediate needs are for athletic fields. The Tree Preservation Ordinance should take care of preserving woods. Currently, 60% of our parks are natural areas and our current needs are for square, fiat parks. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consider Adoption of Resolution 96-72 Approving an Amendment to the 2010 Comprehensive Plan adopting a Housing Implementation Section. · City Manager Boyles briefly discussed adoption of the resolution, establishing goals, and implementation of the housing section. MOTION BY KEDROWSKI SECONDED BY SCHENCK TO APPROVE RESOLUTION 96-72 APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN ADOPTING A HOUSING IMPLEMENTATION SECTION. 070196.DOC 5 Minutes of the Prior Lake City Council July 1, 1996 Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. · There was some discussion regarding the HRA. Planning Director Rye explained that the Scott County HRA is a partnership and collaborative effort. If the City wants control over the dollars then the City must have its own HRA. MOTION BY KEDROWSKI SECONDED BY SCHENCK TO DIRECT STAFF TO INVESTIGATE THE POSSIBILITY OF AN HRA THROUGH EDA. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. Mayor Andren called a recess at 8:30 p.m. The Council reconvened at 8:45 p.m. 9. OTHER BUSINESS A. Building Inspection Service Levels · Last Wednesday and Thursday the Mayor and Councilmember Mader received phone calls from citizens who were unhappy about the level of service they received following application for permits. Their permits were simple requests, and they wanted to make the Mayor aware of the "shortage of manpower". The Mayor requested this item to be on the agenda to determine the problem. · City Manager Boyles spoke with Building Official Staber, who prepared a report. · Building Official Staber presented a report on Building Permit activity levels, comparing 1994 through 1996. · City Manager Boyles stated that he was uncomfortable with the staff asking for a budget revision in mid-year but activity justifies such action. He recommended Council consideration of the following: 1. The Council authorized up to $30,000 as requested by Building Official Staber. One of the problems is that temporary employees are seeking full time employment, and are likely to take full-time opportunities with other cities. One thing Savage does to combat this is set a 3 year contract for their temporary staff. 070196.DOC 6 Minutes of the Prior Lake City Council July 1, 1996 2. Building Official Staber prepared a contingency plan in the event of even higher activity levels which could include plan check and inspection by him. 3. Management issues within the department will be addressed to assure that the department runs effectively given its demands. · Councilmember Mader questioned Building Official Staber on his use of resources. Resources available versus work demand is out of balance for last year as well. Yet, last year we still had good service and good response. Building Official Staber explained that the difference is 135 single family permits in six months. He stated that we are staffed adequately. He said don't look at the graph as revenues versus expenditures but as demand/response curve. · Councilmember Mader raised the issue that at some time in the past, the Council authorized $7,000 for consulting/professional services for big commercial projects, and questioned whether the money was used. Gary said he used part of that for data entry. Councilmember Mader questioned why wouldn't we utilize that service in this instance. · Mayor Andren explained that though the Council didn't specifically restrict that money, it was clearly understood that it was for plan check of developments like The Wilds, for larger commercial developments. · Councilmember Mader questioned whether the forecast of fiat growth was realistic, when we were hearing about a rapid rate of growth. He stated that it appeared as though we did not realistically anticipate. Building Official Staber asserted that he was encouraged to give conservative estimates. He said this is our first year of dramatic rise in single family. Building Official Staber listed several cities, their building inspection levels, and number of employees in the department. Councilmember Mader noted that Building Official Staber's department had the second highest ratio of employees to building permits in the group of five cities listed. · Mayor Andren stated that there were only ten more permits issued in 1995 versus 1994, and based on such information, Gary 070196.DOC 7 Minutes of the Prior Lake City Council July 1, 1996 · Mayor Andren stated that there were only ten more permits issued in 1995 versus 1994, and based on such information, Gary didn't need anyone. She stated that based on 1995 - 1996 levels the increase requested is justified by single family permits. It is known that building permits generate a lot of revenue. It should be a standard that this type of problem should be taken care of before it reaches this level. The Mayor asserted that the message that the Council does not want to send is to circumvent the process or the manager. She stated that management standards should apply to everyone; managers shouldn't have to be reactive, they should be proactive. She doesn't want any more calls about 3 week deck permits, and that immediate short term resolution is expected. · Councilmember Greenfield questioned whether the overtime rate for employees' time is up to $20,000. Building Official Staber said his department will work 10 hours per day instead of 8. He felt this was imperative in restoring a reasonable level of service though it would take a couple weeks to fix the backlog. · Mayor Andren said that not all permits are complicated. She advised Building Official Staber that right now his department should process as many permits as possible, doing small projects (decks, etc.) first. Councilmember Mader said if we are looking at filling enforcement officer and seasonal officer, positions, by the time that is done, we will lose time and by the time they are productive, summer will be over, so perhaps we should look at outside agency. He stated we were told to authorize City Staff to proceed but that it should be worked out between Building and City Manager. Mayor Andren concurred. MOTION BY MADER SECONDED BY KEDROWSKI TO ALLOT UP TO $30,000 FOR THE BUILDING DEPARTMENT, THE UTILIZATION OF WHICH WILL BE DETERMINED BY THE CITY MANAGER. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. B. Consent Agenda item 4A. · This item was removed from the Consent Agenda by Mayor Andren. She questioned payments to Epic USA, Interim Consulting, and MWCC. 070196.DOC 8 Minutes of the Prior Lake City Council July 1, 1996 MOTION BY ANDREN SECONDED BY KEDROWSKI TO APPROVE INVOICES TO BE PAID. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. C. Consent Agenda, Item 4D. · This item was removed from the Consent Agenda by Mayor Andren. It was pointed out that there was a $40,000 spread between the least and greatest bids for a recent Storm Sewer Project. John Wingard explained that the City's policy is to reimburse for the sewer at $0.168 / sq. foot. Putting in a sewer is generally City's responsibility but the subdivision code allows the developer to install. Mayor Andren asked the City Attorney whether or not since it was over $25,000, it should it be competitively bid. MOTION BY ANDREN SECONDED BY SCHENCK TO TABLE RESOLUTION 96-71 APPROVING FINAL PLAT AND DEVELOPERS AGREEMENT FOR EAGLE CREEK VILLAS UNTIL THE JULY 15TH MEETING. Upon a vote, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. · City Manager Boyles reviewed items from the Weekly Update including: the Joint Powers Agreement with the Watershed District, the Tobacco Ordinance to appear at the July 15th meeting, an upcoming Drug and Alcohol Policy which applies to Heavy Equipment Operators, and the TH 13 Corridor Study. · Councilmember Greenfield questioned whether the Codebook was being updated. City Manager Boyles explained that it was being done on a monthly basis. MOTION BY KEDROWSKI SECONDED BY SCHENCK TO DIRECT STAFF TO REPORT ON THE PROS AND CONS OF USING THE CITY EDA AS AN HRA. Upon a vote taken, ayes by Greenfield, Kedrowski, Mader, and Schenck, nay by Andren, the motion carried. 070196.DOC 9 Minutes of the Prior Lake City Council July 1, 1996 9. ANNOUNCEMENTS/CORRESPONDENCE 10. ADJOURNMENT The Mayor Adjourned the meeting at 9:45 p.m.; she announced that the Council would be reconvening in Executive Session to discuss pending litigation and labor negotiation strategy. At 11:40 p.m. the City Council adjourned from Executive Session. MOTION BY KEDROWSKI SECONDED BY MADER TO ADJOURN. THE MEETING ADJOURNED AT 11:40 The next City Council Meeting is scheduled for Monday, July 15, 1996 at 7:30 PM.in the Fire Station City Council Chambers. // / __ -" Cit~ Manager 070196.DOC 10