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HomeMy WebLinkAboutAgenda & Minutes HERITAGE 1891 COMMUNITY 1991 ctYJ:5f).Ai 2Qgf REGULAR COUNCIL MEETING AGENDA REPORT Monday, November 19, 1990 CALL TO ORDER 7:30 p.m. 1. Pledge of Allegiance 2. Minutes of The Previous Meeting - see attached. 3. Consent Agenda: a) Consider Approval of Invoices To Be Paid due to work on budget this item will be mailed under separate cover. b) Consider Approval of Animal Warden Report see attached. c) Consider Approval of Fire and Rescue Report see attached. d) Consider Approval of Hurst Tool Acquisition City Mana<Jer Unmacht has received a letter from Ass1stant Fire Chief, Brent Johnson, requesting the acquisition of a new Hurst Tool. A Hurst Tool is a valuable piece of equipment needed by our fire and ambulance personnel to free victims from accidents. The present Hurst Tool is antiquated and in need of replacement. This is an essential life saving piece of equipment and should not be delayed for budgetary reasons in 1990 or 1991. The contingency fund, as of October 31, 1990, has a balance of $74,682.00 which is sufficient funds to pay the $3,750.00 cost for the new piece of equipment. Attached is a copy of the letter from Assistant Chief Johnson. Staff recommends approval for the acquisition of a new Hurst Tool at a cost of approximately $3,750.00 (exact cost to be determined). Motion as part of the consent agenda to approve the acquisition of a Hurst Tool from the 1990 contingency fund at a cost not to exceed $4000 is in order. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 e) Consider Approval of Water Tower Leases For Cellular One and US West Attached is the final form of the Water Tower Lease Agreements to be executed between Cellular One and US West and the City of Prior Lake regarding use of the water tower sites for the purpose of cellular e~ipment installation. A number of minor mod1fications to the ori<Jinal lease language have been agreed to and 1ncorporated into the documents. There are two changes which staff is comfortable with but does represent somewhat of a significant change concerning the followin<J provisions regarding rent stipulat1on. The first establishes an annual rent adjustment maximum of 5%. The second amendment allows for the rent to be adjusted downward if, at the end of a lease period, market rent has declined. In any event, the rent could not decrease below a floor of $750.00. Also, at the conclusion of each lease period, the leases shall be reviewed and are subject to renewal or termination at that time by either party. This action will be triggered by the Lesee SUbmitting sample leases to the Citr 60 days before the five year term exp1res. The items underlined below have been added to the lease language: These items will address the concerns of staff and Council from the discussion on November 5, 1990. 3. Rent c. The rent shall be increased annually by an amount equal to the increase in the Consumer Price Index (CPI) for the Minneapolis/st. Paul area as determined by the Minnea~olis Library Department of Economics. Sa1d annual increase not to exceed 5%. f. At least sixty (60) days five-xear renewal term, provi e Lessor with. 2 above current leases. In no event shall the Rent to the City of Prior Lake be lower then Seven Hundred Fift Dollars 750.00 er month. Mot1on to approve e eases W1 Cellular One and US West as part of the consent agenda would be in order. 4. Presentation on Time Capsule From Centennial Committee Pete Schenck, a member of the Prior Lake Centennial committee, will be making a presentation to the City Council re<Jarding a Centennial time capsule. Mr. Schenck w111 provide information on the time capsule and its contents, and request Council consideration of a funding plan to cover the costs of the time capsule and the pro~osed improvement project. The time capsule fund ra1sing idea also include the newly acquired property on CR 21 and Quincr Street designated for a future park. Staff is exc1ted about the Centennial Committee's idea and aggressive plans for the time capsule concept and park development proposal. First Consideration of Ordinance 90-06 Ordinance 83-06 and Prior Lake City Code Chapter 6 - see attached staff report. 8:00 p.m. 6. Public Hearing: 1991 Budget - Accom~anying the packet is a comprehensive three r1ng binder entitled "1991 Budget Documents" City of Prior Lake, Minnesota. The contents of the binder includes eight specific sections detailed as follows: Public Notice, Tax Resolution (Preliminary), Budget Summary, Historical Comparison, Proposed Budget, Property Tax Impact, Charts & Graphs and LGS Form 280. The contents of the binder serve as the focal point for the initial public hearing on the 1991 Budget. 5. Amending Title 5, Discussion on the 1991 Budget is scheduled for a public hearing on Monday, November 19, 1990 at 8:00 p.m. City Manager Unmacht recommends that the public hearing involve the following process: 1) Opening --- budget overview and message by City Manger Unmacht (this messa<Je will last approximately one hour); 2) Rece1ve public input based on the budget material presented at the meeting and on the budget message; and 3) Council discussion. General direction and discussion from the Council should occur at the meeting. A continuation of the initial public hearing has been scheduled for Monday, December 3. Currently a discrepancy exists 3 in the time as attached. This the meeting and and also to the December 3. highlighted in the two notices discrepancy will be corrected at made clear to the people present, newspaper for publishing before Questions with regard to the budget should be addressed to Citr Manager Unmacht anytime between now and the pub11c hearing. staff anticipates the hearin<J being continued on December 3, and potent1al adoption of the budget on that evening or at the next meeting on December 17. 7. Other Business a) b) *AII times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4 HERITAGE 1891 COMMUNITY 1991 ctYJ.9fJ.kA 2Q91 MINUTES OF THE CITY COUNCIL November 5, 1990 The Common Council of the City of Prior Lake met in regular session on Monday, November 5, 1990 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Scott, White, City Manager Unmacht, Assistant Planner Garross, Parks and Recreation D1rector Mangan, City Attorney Kessel, and Recording Secretary Birch. Councilmember Larson was absent due to being out of town. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the October 15, 1990 Council meeting were reviewed by Council. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE THE OCTOBER 15, 1990 COUNCIL MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, the motion passed unanimously. The next order of business was approval of the Consent Agenda as follows: a) Consider Approval of Invoices To Be Paid b) Consider Approval of Parks Advisory Committee Appointments c) Consider Approval of Bob Robbs Registered Land Survey (RLS) d) Consider Approval of Change Order No. 1, Project 88-21 e) Consider Approval of Change Order No. 1 Project 90-13 MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (e). Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, the motion passed unanimously. The next order Lanford Adler. details of his denial for a 8.5 of business was: Consider Variance Appeal by Mr. Adler, 16640 Inguadona Beach, presented appeal of the Prior Lake Planning Commission's foot south side yard variance. Mr. Adler 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 Minutes of the Prior Lake City Council November 1, 1990 submitted a letter from adjacent property owner Mrs. Blackwell of Sacramento, California who was in agreement with the variance request. Discussion occurred on the location of the new deck, when and where the original deck was built, and degree of footage over the required setback. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO CONFIRM THE PLANNING COMMISSION'S DECISION AND DENY THE 8.5 FOOT SOUTH SIDE YARD VARIANCE REQUESTED BY APPLICANT. Discussion occurred on substandard lots located within Prior Lake and comparison of this lot to other such lots. Upon a vote taken, ayes by Andren, Fitzgerald and Scott. Nay by White. The motion carried. A short recess was called. The meeting reconvened at 7:50 p.m. The meeting was called back to order at 7:50 p.m. Because a public hearing was scheduled at 8:00 p.m. the Council skipped down to item 7 - Consider Applying for "Tree City USA" status. Bill Mangan explained that the requirements for the city of Prior Lake to be designated as a "Tree City USA" had been met and requested direction from the Council as to whether or not they wanted staff to apply for the designation. Discussion occurred on benefit and cost to the city. Mangan stated that the cost of $1.00 per capita had been met and that if the city became a Tree City a sign would be erected at the city limits proclaiming that Prior Lake was designated as a "Tree City USA". MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO DIRECT STAFF TO APPLY FOR THE "TREE CITY USA" DESIGNATION. Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, the motion passed unanimously. The next order of business was: Public Hearing to Consider Vacation of Waterfront Adjacent to Lot 2, Sunset Shore. Mayor Andren called the public hearing to order at 8:00 p.m. and read the legal notice as it appeared in the Prior Lake American on October 29 and November 5, 1990. Assistant City Planner Garross presented details of the request from Gertrude Cameron for a vacation of platted waterfront adjacent to Lot 2, Sunset Shore. Attorney, Frank Muelken, was present to represent Ms. Cameron. A short discussion occurred regarding the scope of the vacation from the edge of the lot to the water's edge. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE RESOLUTION 90-55 PROVIDING FOR THE VACATION OF WATERFRONT LOCATED WITHIN THE PLAT OF SUNSET SHORE. Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, the motion passed unanimously. 2 Minutes of the Prior Lake City Council November 1, 1990 MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, the motion passed unanimously. The next order of business was: Consider Ap~roval of Water Tower Leases for Cellular One and US West. C1ty Manager Unmacht discussed details of the proposed Leases and introduced Site Acquisition Coordinator for Cellular One, Warren Dunlap. Mr. Dunlap then presented Cellular One's plans for construction of a building to house the mechanism for their operation and their plans for installing the antennas to the top of the water tower located at the Sand Point area. Dunlap also stated that shrubbery for screening purposes would be planted. Bernie Wong, Acquisition Coordinator for US West, also stated that US West would follow the same procedure, with the exception that the roadway to the old water tower which is currently unpaved would would be paved with bituminous material at the expense of US West. Council discussed these requests and concurred that the leases should be written with a provision for flexibility for both the leasee and leasor to review the agreement, including financial provisions, before the initial expiration term (5 years). This provision will allow both parties to review terms of the lease prior to renewal. A short discussion followed on phone rates, number of phones available and term~. Council concurred that the leases should be renegotiated with the companies and presented to Council again for approval. The next order of business was: Second Consideration of Paragon Homes Variance Appeal. Owner and Contractor of Paragon Homes presented details of his proposed plans for the construction of a home on Lot 50, located on Linden Circle, and displayed a revised survey as requested by Council at the October 15, 1990 meeting. Mr. Schweich stated that the new proposal is now for a 6.5 foot west side yard variance a 25 foot lakefront variance. Schweich stated that proposed coverage is now 25%, or 1822 square feet excluding the driveway. (Actual coverage including driveway is 33% requiring a 3% coverage variance.) Mayor Andren read a letter she had received from the following residents on Linden Circle who were objecting to the granting of the variances (several persons who had signed the letter also spoke on the issue reiterating their position as stated in the letter): Barry and Treva James 3147 Linden Circle Harry and Leslie Maudsley 3189 Linden Circle Herb and June Lemke 3201 Linden Circle Rich and Sherrl Wilfong 3220 Linden C1rcle 3 Minutes of the Prior Lake City Council November 1, 1990 Peter Kuehn 3198 Linden Circle Cal and Marge Ells 3186 Linden Circle Dean and Kay Sutliff 3162 Linden Circle Bill and Mistr Lindstrom 3124 Linden C1rcle Discussion followed regarding the building envelope, the setbacks and lakeshore variance. General concensus of the Council was split two to two on how to act on this application. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO TABLE THE ISSUE UNTIL A DECEMBER COUNCIL MEETING WHEN ALL COUNCILMEMBERS ARE PRESENT. MEETING TO BE DETERMINED BY CITY MANAGER UNMACHT. Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 9:35 p.m. Councilmember Fitzgerald submitted a letter from Thorn Boncher, 5791 Shannon Trail, to City Manager Unmacht regarding the subject of surveys in general. The next order of business was: Presentation of Parks Survey Data. Parks and Recreation Director Mangan presented a short summary of the survey and announced that the Parks Advisory Committee would be correlating the data and requested information from the Councilmembers as to what specific correlations they would prefer to see addressed. Mangan then introduced Parks Advisory Committee Chairman, Art Schoot, who reported on the upcoming Parks Advisory Committee meeting. The purpose of the meeting will be to review and discuss the survey and make recommendations to the Council in December. A short discussion occurred regarding the survey. The following topics were discussed under Other Business: Mayor Andren brought up the subject of possible uses for the money received from the Cellular One and US West Leases if the Council approves the agreements. Discussion occurred regardin<J the Shoreland Management Ordinance and the DNR's posit1on with respect to certain provisions. Councilmember Scott commented on the Luminary project for Christmas being promoted by the Centennial Committee. 4 Minutes of the Prior Lake City council November 1, 1990 City Manager Unmacht noted that the Lake Review Committee Report, pages 34 and 35 had been revised and requested that any Councilmember who's book had not been corrected should turn it in to City Hall for replacement of pages. Maror Andren read four thank you notes she had received from Th1rd Grade students for giving them a tour of City Hall. The next Council meeting will be Monday, November 19, 1990 at 7:30 p.m. There being no further business, 10:00 p.m. by general consent of the adjourned at Dee Birch Recording Secretary 5