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HomeMy WebLinkAbout081996 Regular Minutes of the Prior Lake City Council August 19, 1996 1. CALL TO ORDER: Mayor Andren called the meeting of the Common Council to order on Monday, August 19, 1996 at 7:40 p.m. in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, and Mader, City Manager Boyles, Assistant City Manager Tremere, Planning Director Rye, Planning Coordinator Kansier, Parks and Recreation Director Hokeness, City Attorney Pace, and Executive/Recording Secretary Koch. Councilmember Schenck was absent. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: The following a~nendments were made to the August 5, 1996 minutes: "consider" in the motion on page 3 should be changed to "grant"; on page 4, beneath the motion for approving Resolution 96-74, the comments should read, "Councilmember Mader questioned whether the City has a policy regarding its financial responsibility for sewer and water in private developments. Boyles explained the developer pays the City $. 168 per sq.ft, toward the cost of sewer and water."; in the first motion on page 9, "to amend the motion" should be deleted; under the discussion on page 9, "project manager" should be changed to "MVEC employee". MOTION BY KEDROWSKI SECOND BY MADER TO APPROVE THE AUGUST 5TH MINUTES AS AMENDED. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Animal Warden Report. B. Consider Approval of Building Permit Report for June and July. 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 Resolution 96-87 Establishing a Fee for Special Hunting Permit and Resolution 96-85 Approving the Permit to Allow Restan LLC The Wilds to conduct a special Goose Hunt at the Wilds. ~ . JOII~r G. Consider Approval of Agreement for Joint Assessment Between the City of rr~orA$$g.$Sl~l~r Lake and County of Scott. H. Consider Approval of Ordinance 96-19 Amending Prior Lake City Code by Amending 1-14-1, Relating to the Payment of Property Taxes and Related Fees as a Precondition to Permit Issuance or other Official Control. · Councilmember Mader requested that items D, F, and H be removed for discussion. · Councilmember Greenfield requested that item G be removed for discussion. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 Prior Lake City Council Minutes August 19, 1996 MOTION BY KEDROWSKI SECOND BY MADER TO APPROVE ITEMS A, B, C, AND E OF THE CONSENT AGENDA. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. · Councilmember Mader discussed Item 4(D), Consider Approval of Invoices to be Paid. This should be modified by removing the expenditure of $1,550 to Serro Scotty RV through the Equipment Acquisition Fund and redirecting it to the Contingency Fund. The expenditure of $3,229 to Serro Scotty RV through the Contingency Fund should be then changed to $4,779. This will bring the expenditure for the Fire House into compliance with Council direction. MOTION BY MADER SECOND BY GREENFIELD TO APPROVE THE INVOICES SCOTTY' WITH THE EXCEPTION OF THE TWO EXPENDITURES TO SERRO SCOTTY RV OF Rv $1,550 FROM THE EQUIPMENT ACQUISITION FUND AND $3,229 FROM THE FIP~ CONTINGENCY FUND. SAFETY HOUSE · There was discussion regarding Council authorization for the purchase as compared to the invoice. MOTION BY KEDROWSKI SECOND BY GREENFIELD TO AMEND THE MOTION TO INCLUDE A CHECK FROM CONTINGENCY TO SCOTTY'S RV FOR $4,779 FOR THE FIRE SAFETY HOUSE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. · The Mayor called the question on the previous motion. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. · Councilmember Mader questioned Jim Stanton on item 4(F). There was discussion on the dates and times of the goose hunt and Wilds residents' awareness of the hunt. MOTION BY MADER SECOND BY GREENFIELD TO AMEND RESOLUTION 96-85, SPECIAL APPROVING THE PERMIT TO ALLOW RESTAN LLC-THE WILDS TO CONDUCT A nm~ING SPECIAL GOOSE HUNT AT THE WILDS, SO THAT THE HUNT PERIOD WOULD BE PEIOIIT SEPTEMBER 7-15, 1996 AND THE FIRST TEN DAYS OF THE REGULAR WATERFOWL SEASON DURING 1996. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. M81996.DOC 2 Prior Lake City Council Minutes August 19, 1996 RI~S 96-85 MOTION BY KEDROWSKI SECOND BY GREENFIELD TO ADOPT RESOLUTION 96- 85 AS AMENDED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. MOTION BY MADER SECOND BY KEDROWSKI TO ADOPT RESOLUTION 96-87 R~S 96-87 ESTABLISHING A FEE FOR SPECIAL HUNTING PERMIT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. · Mayor Andren directed the discussion to item 4 (G). Councilmember Greenfield questioned the appropriateness of the Joint Assessment agreement with the County, noting that there may be cost savings through other private sources. MOTION BY GREENFIELD SECOND BY KEDROWSKI TO HAVE STAFF PREPARE A COMPARATIVE COST REPORT BETWEEN THE PROPOSED SCOTT COUNTY APPRAISAL AND OTHER PRIVATE VENDORS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. MOTION BY GREENFIELD SECOND BY KEDROWSKI TO TABLE THE JOINT ASSESSMENT AGREEMENT UNTIL STAFF RETURNS WITH COMPARATIVE REPORT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. · There was discussion again on item 4(H). · Councilmember Mader questioned City Attorney Pace on item 4(H). He questioned the consistency of the ordinance as written; the first half was inconsistent with the second half. City Attorney Pace explained that at the last meeting, the Council did not wish to prevent an apphcation from proceeding without certification, since tax payment can be made as a condition of approval. Section A of the proposed ordinance is identical to the statute the legislature passed. Section B allows the Council to consider the circumstances. MOTION MADER SECOND GREENFIELD TO APPROVE AN AMENDMENT TO ORDINANCE 96-19 WITH ADDITION OF A LINE, "IF THE APPLICANT CANNOT CERTIFY PRECEDING TAXES ARE COMPLETE, THE COUNCIL MAY ACT UNDER SUBDIVISION B BELOW". M81996.DOC 3 Prior Lake City Council Minutes August 19, 1996 · There was discussion about the language of the ordinance, and City Attorney Pace explained that section B had been added since the preceding meeting. She explained that for correct interpretation of ordinances and statutes all parts of ordinance must be read together. Mayor Andren called the question. Upon a vote taken, ayes by Greenfield, Mader, nays by Kedrowski, Andren, the motion failed. ORDINANCE MOTION ANDREN SECOND IQ_~3DROWSKI TO ADOPT ORDINANCE 96-19 (AS 96-19 WRITTEN) AMENDING PRIOR ~ CITY CODE BY AMENDING 1-14-1 RELATING TO THE PAYMENT OF PROPERTY TAXES AND RELATED FEES AS A PRECONDITION TO PERMIT ISSUANCE OR OTHER OFFICIAL CONTROL. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, nay by Mader, the motion carried. 6A. PUBLIC HEARING · A public hearing was called to order at 8:30 p.m. to Consider Approving Vacation of VACATION the Portion of 8th Street Lying North of Center Street as Platted within Spring Lake 8TH ST Townsite. City Manager Boyles introduced Jane Kansier, who presented the report. · Mayor Andren recognized Brad Olsted of 2865 Center Road. Mr. Olsted lives across road from the vacated portion of 8th street. He spoke briefly on the uses of the vacated land, which provides lake access for the neighborhood. · Mayor Andren recognized Jim Bates (law partner of Bryce Huemoeller, the petitioner). He requested that the vacation be granted 130 feet deep and 30 feet wide rather than 10 feet. MOTION IQCDROWSKI SECOND MADER TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. The Public Hearing closed at 8:50 p.m. MOTION KEDROWSK[ SECOND GREENFIELD TO APPROVE RESOLUTION 96-83 APPROVING VACATION OF THE PORTION OF 8TH STREET LYING NORTH OF CENTER STREET AS PLATTED WITHIN SPRING ~ TOWNSITE. Upon a vote taken, aye by Kedrowski, nays by Andren, Greenfield, and Mader, the motion failed. No vacation is granted. M81996.DOC 4 Prior Lake City Council Minutes August 19, 1996 7. OLD BUSINESS DIRECTIVES A. Consider Approval of Status Report on First Half 1996 City Council Directives. · There was discussion on Directive 96-39 regarding the correct amount for amending a Cooperative agreement, which should read $80,000 instead of $100,000. Councilmember Mader pointed out the directive to condense the minutes of the City Council meetings. MOTION KEDROWSKI SECOND GREENFIELD TO APPROVE THE STATUS REPORT ON FIRST HALF 1996 CITY COUNCIL DIRECTIVES AS CORRECTED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. B. Consider Approval of Resolution 96-82 - Awarding Bid for rd~S 96-82 Construction of Trails and Parking Lots on City Parks. MOTION KEDROWSKI SECOND GREENFIELD TO APPROVE ITEM 7B RESOLUTION 96-82 AWARDING BID FOR CONSTRUCTION OF TRAILS AND PARKING LOTS ON CITY PARKS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. C. Consider Approval of Resolution 96-81 Approving the Proposed rd~S 96-81 Merger of Triax/DD Cable Company. MOTION KEDROWSKI SECOND GREENFIELD 96-81 APPROVING THE PROPOSED MERGER OF TRIAX/DD CABLE COMPANY. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. 8. NEW BUSINESS RES 96-86 A. Consider Approval of Resolution 96-86 Ratifying 1996-1998 Labor Agreement Between the City of Prior Lake and Law Enforcement Labor Services, Local 100, Representing Police Officers. MOTION KEDROWSKI SECOND GREENFIELD TO APPROVE RESOLUTION 96-86 RATIFYING 1996-1998 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCEMENT LABOR SERVICES INC., LOCAL 100, REPRESENTING POLICE OFFICERS. M81996.DOC 5 Prior Lake City Council Minutes August 19, 1996 Upon a vote taken, ayes Andren, Greenfield, Kedrowski, and Mader, the motion carried. B. Consider Approval of Resolution 96-88 Approving the Final Plat for RES 96-88 "The Wilds 4th Addition" as amended. There was discussion on the Wilds 4th Addition. Jim Stanton of Restan - LLC said there is no requirement to file additions consecutive]y, and the third addition was already prepared and submitted to engineers but not yet acted upon by the City. Mr. Stanton explained that the utility easements won't be determined until the site plan is approved. He wants to file final plat but can't tell where easements are. Don Rye explained the City wi]] identify the easements because the ordinance requires easements around perimeter of lot. The remaining easements are for fire hydrants and water. Easements must be there as a condition of site plan approval. MOTION MADER SECOND KEDROWSKI TO APPROVE RESOLUTION 96-88 APPROVING THE FINAL PLAT FOR "THE WILDS FOURTH ADDITION. Don Rye explained that utilities will not be on final plat, but will be identified. · Councilmember Greenfield said the language in the resolution needs to reflect the change from "third" to "fourth" addition. · Mr. Stanton said if City Staff determines that a pond is necessary, he will dedicate land. He said if a pond is needed to create capacity, there should be an adjustment in a storm water acreage fee. · The Planning Director and petitioner were asked to redraft the resolution reflecting these modifications. This item was continued later in the meeting. C) Consider Report on possible New Massage Therapy Ordinance 96-20 96-20 ·City Manager Boy]es went over the report on the new Massage Therapy Ordinance. There was discussion on the requirement of photograph and fingerprints to obtain the license, and the term "bad repute". City Attorney Pace explained that "bad repute" required facts to substantiate. There was discussion on whether Massage Therapy licenses should go before the City Council for approval or the City Manager should have the authority to approve. If the City M81996.DOC 6 Prior Lake City Council Minutes August 19, 1996 Manager has the authority to approve the license a provision should be added that an applicant who is denied a license has the right to appeal. The Massage Therapy Ordinance 96-20 was tabled pending a report showing which other licenses require a photo and fingerprinting, and revisions to the ordinance including staff approval subject to City Council appeal. D. Consider Approval of Resolution 96-84 Approving Registered Land P~S 96-64 Survey for Property Originally Described as Lots 1-3 and Part of 4, Chatonka Beach and lots 7-13, Resurvey of Block 1, Chatonka Beach. MOTION KEDROWSKI SECOND GREENFIELD TO APPROVE RESOLUTION 96-84 APPROVING REGISTERED LAND SURVEY FOR PROPERTY ORIGINALLY DESCRIBED AS LOTS 1-3 AND PART OF 4, CHATONKA BEACH AND LOTS 7-13, RESURVEY OF BLOCK 1, CHATONKA BEACH. Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Mader, the motion carried. There was a 9:00 recess. B. Reconsideration, Wilds Fourth addition. Planning Director Rye made these RES 96-88 changes to resolution 96-88: Delete number one. Number two becomes number one, and the remaining conditions are renumbered consecutively. Retain the first sentence, which states, "Utility easements are required along the outer boundary of the plat." Delete the remainder of condition 2 and all of condition 3 and insert the following after the first sentence in condition 2: All other necessary easements as determined by the City consistent with City Ordinances in the course of site plan review shall be conveyed at the time of site plan approval. MOTION GREENFIELD SECOND KEDROWSKI TO APPROVE 96-88 WITH ABOVE MODIFICATIONS. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, the motion carried. 9. OTHER BUSINESS · Councilmember Mader said he spoke with several residents who were lq0RTII~00D concerned with quality of work done on Northwood Road. He asked what actionROAl) had been taken since the last Council meeting. · City Manager Boyles said Dave Thomas of MSA Consulting would provide the City with his comments in writing. He has gone out to look at project with the residents. MS1996.DOC 7 Prior Lake City Council Minutes August 19, 1996 Councilmember Mader asked about the ledger of assets. There was discussion regarding the preparation of the ledger of assets and whether it was a budget item. Discussion confirmed that this item had been approved as part of the 1996 Budget. A budget workshop was discussed, and it was determined that while a workshop was unnecessary prior to the September 3 meeting, this did not mean the budget was approved by the Council. A workshop will be held prior to the Truth in Taxation hearing. · City Manager Boyles mentioned the Suburban Rate Authority Membership at no cost to the City. The Council can decide whether to participate or not, and there is potential for gain. The City will participate on a trial basis. · There was discussion about developing a framework to limit off sale liquor licenses. The Council elected not to limit the off sale licenses at this time. MOTION KEDROWSKI SECOND GREENFIELD TO ADJOURN. Upon a vote, all ayes, the motion carried. THE ~EETING ADJOURNED AT 10:20 p.m.\ City Mar~agW r j ? Recording Secretary M81996.DOC 8