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HomeMy WebLinkAboutAgenda & Minutes HERITAGE 1891 COMMUNITY 1991 rYJ$K 2eJ1 REGULAR COUNCIL MEETING AGENDA REPORT Monday, August 5, 1991 CALL TO ORDER 7:30 p.m. 1. Pledge of Allegiance 2. Minutes of The Previous Meeting 3. Consent Agenda: a) Consider Approval of Invoices To Be Paid - see attached. b) Consider Approval of Planning Commission Reappointments. On June 30, 1991 the two year Planning Commission terms of Dave Roseth, Chuck Arnold, and Tom Loftus expired. staff has contacted each member and all of them have expressed a sincere desire to be reappointed for another two year term on the Planning Commission. Last year the Council implemented a new informal policy to advertise openings for vacant and expired Planning Commission positions. For this appointment process, it is the consensus of the Council to suspend the policy and proceed with reappointing the three members to a new two year term. Since the policy of the Council for last year's reappointment process was informal, Council can revert back to the policy in the future or adopt a formal policy on Planning Commission appointments. A motion as part of the consent agenda to approve the reappointment of Tom Loftus, Dave Roseth and Chuck Arnold to the Prior Lake Planning Commission for a two year term beginning July 1, 1991 and expiring June 30, 1993 is in order. c) Consider Approval of Lease with Priordale Mall for Dance Program see attached staff report. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 d) Consider Approval of Stipulation and Consent Agreement for Breckner Easement - see attached staff report. e) Consider Approval of Refuse Hauler License for Aagard West, Norwood, MN. An application has been received from Aagard West, Inc., Norwood, Minnesota for a Refuse Hauler's License. All applications, insurance and fees have been paid. Staff recommends a motion as part of the consent agenda to approve the Refuse Hauler's License for Aagard West, Inc. Although not related to this specific application, the 1991 Legislature has enacted a law which will change the way the City of Prior Lake does business with refuse haulers. In section 47 of the new law, the City will be required to adopt an ordinance which will ensure that households and businesses in our citr have solid waste collection. This ordlnance must provide an enforcement mechanism and must be in effect by July 1, 1992. The city will have three options according to law: 1) City-wide organized collection (contract services) ; 2) City operated garbage/refuse service ; and/or 3) a mandatory individual contract for collection services. Currently staff is exploring the various options and beginning work on developin9 a recommendation. Part of the research lncludes sharing ideas with other municipalities and with the LMC and AMM. f) Consider Approval of Amended Joint Power Agreement For Credit River Watershed Management Organization - see attached staff report. 4. Second Consideration of Appointments and Bylaws for Lake Advisory Committee see attached staff report. 5. Second Consideration of Rezoning Application for New Century Construction - Ordinance 91-09 see attached staff report. 6. Consider A~proval of Lakefront Park Trail Plans and Specificatlons - see attached staff report. 7. Consider First Draft of Mineral Extraction Mora- torium - Ordinance 91-08 see attached staff report. 2 8. Consider First Draft of Capital Improvement Program. Staff is working to finalize the First Draft of the CIP. A presentation at the meeting will be made to the Council on the program. The CIP will either be sent under separate cover or will be ~resented to the Council at the meeting. No Councl1 action is anticipated; staff will review and explain the document at the meeting. Staff anticipates Council approval on either August 19 or September 3, 1991. 9. 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. 3 I HERITAGE 1891 COMMUNITY 1991 qgJS()A/~ 20J1 MINUTES OF THE CITY COUNCIL July 15, 1991 The Common Council of the City of Prior Lake met in regular session on Monday, July 15, 1991 at 7:30 p.m. in the City Council Chambers. Present were Maror Andren, Councilmembers Fitzgerald, Larson, Scott, and White, Clty Manager Unmacht, Assistant City Manager Schmudlach, Director of Planning Graser, Director of Parks and Recreation Mangan, Director of Public Works Anderson, Associate Planner Lucast, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the June 17, 1991 Council meeting were reviewed by Council. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was approval of the Consent Agenda as follows: a) b) c) d) e) f) g) h) i) j) k) Consider consider Consider Consider Consider 91-29 Consider Approval of Hollywood Bar and Grill Off-Sale Intoxicating Liquor License Consider Approval of Resolution 91-30 Requesting Commissioner of Transportation To Authorize MSAS Fund Appropriation Towards CSAH 21 Bridge Project Consider Approval of Lions Club Request for 3.2 Beer Permit for Lakefront Days Consider Approval of Second Quarter Budget Report Consider Approval of Treasurer's Report Consider Approval of Liquor Ordinance Amendment 91-02 Approval Approval Approval Approval Approval of of of of of Invoices To Be Paid Animal Warden Report Building Permit Report Fire and Rescue Report VFW Gambling Permit, Resolution Mayor Andren stated that the Liquor Committee met and recommends approval of the Hollrwood Bar and Grill's request for an Off-Sale Intoxicating Llquor License. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Minutes Of The Prior Lake City Council July 15, 1991 MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (k). Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was: Consider Approval of Resolution 91-32 on Metropolitan Si9nificance Review For Proposed McKenna Gravel and Sand Mine Operatlon. City Manager Unmacht commented on the change of circumstances since the agenda report had been completed and recommended that Council action on the Resolution be tabled for 30 days due to a request by Metropolitan Council Chair, Mary Anderson, to allow Metropolitan Council staff time to mediate a solution to the EAW comments and to the issues addressed in the proposed Resolution. Staff is recommending that council table action on Resolution 91-32 for 30 days with the understanding that the City will not relinquish their ability to act on this Resolution if we are not comfortable with Shakopee's action or results of the discussion with Metropolitan council staff. City staff informed the Metropolitan Council that staff would a9ree to their request and recommend to table action on the Resolutlon. After discussion, Council concurred with this action. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO TABLE RESOLUTION 91-32 FOR 30 DAYS. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Due to the fact it was not yet 7:45 p.m. the time stated for a public hearing, City Manager Unmacht discussed item (a) under Other Business by reminding Council that there would be an AMM Breakfast at Denny's Restaurant in Burnsville on Wednesday, July 24 at 7:30 a.m. Reservations should be turned in to Dee Birch by noon on Friday, July 19. A short discussion occurred on suggestions by Councilmember Larson on a future policy with regard to mineral extraction operations in Prior Lake. Council concurred that staff should investigate the matter. The next order of business was: Conduct Public Hearing on Reserve Vacation Application. Mayor Andren opened the public hearing and stated that the public notice had appeared in the Prior Lake American on July 1 and 8, 1991. Applicants, Randy and Patrice Simpson, addressed the Council regarding their application. Ms. Simpson handed out copies of Resolutions 87-67 and 88-13 pertaining to the City's vacation of reserve areas along that section of Spring Lake. Ms. Simpson also handed out pictures of their lot as it pertains to the proposed vacation site. The following residents addressed the Council on the vacation: Jim Weninger 2591 Spring Lake Road Gail Klingberg Prior Lake Sportsmans Club Bill Howard 2932 Spring Lake Road Jim Shea New Market Sportsmans Club 2 Minutes Of The Prior Lake City Council July 15, 1991 Associate Planner Sam Lucast presented an overhead map of the proposed vacation site. Discussion occurred on the position of the City with regard to vacating lake reserve parcels. MOTION MADE BY LARSON, SECONDED BY SCOTT, TO DENY RESOLUTION 91-28 PROVIDING FOR THE VACATION OF RESERVE LOCATED WITHIN THE PLAT OF SPRING LAKE TOWNSITE. Upon a vote taken, ayes b~ Andren, Fitzgerald, Larson and Scott, White abstained. The motlon carried MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 8:35 p.m. The next order of business was: Conduct Public Hearing on Improvement Project 91-11, carriage Hill Road, and Consider Resolution 91-31 ordering Improvement and Preparation of Plans. Mayor Andren announced she was vacating the chair for this public hearing and turned the meeting over to Acting Mayor John Fitzgerald. Fitzgerald opened the public hearing and entered two pieces of correspondence into the record: A letter dated July 15, 1991 from Bonnie Busch, and a letter dated July 9, 1991 from Fannie Griffith with a petition (not verified or dated containing the names of 22 persons) all opposing the project. City Manager Unmacht gave a brief background of actions by staff and Council to date and turned the meeting over to Director of Public Works Larry Anderson who discussed steps taken by staff in completing the feasibility study for the proposed roadway. Anderson presented an overhead of the roadway plans. Anderson stated staff is recommending that the City not proceed with the extension of Carriage Hill Road at this time as construction of this road would be premature, especially, since there is no pending development of the area. Acting Mayor Fitzgerald opened the meeting for public input on the proposed project. The following persons spoke against the extension of carriage Hill Road: Fannie Griffith 14500 Meadowlawn NE Charles Bolger 14600 Meadowlawn John Bolger Hudson, WI Mary Gilbert 4893 Beach Street Jack Bolger 14560 Meadowlawn Trail The following persons spoke in favor of construction of an extension to Carriage Hill Road. 3 Minutes Of The Prior Lake City Council July 15, 1991 Jim and Ann Scoggin Eden Prairie, MN Leonard Griffith Phoenix, AZ John Lino Gonyea Land Company The following persons voiced concern over possible speed control problems, assessment costs, zoning and future development of the North Shore/Meadowlawn area. Lloyd Berggeron 4853 Beach street Paul & Dianne Rezac 14330 Shore Lane NE Jim Hallek 6885 Boudin st. Leo Vierling 14091 Eagle Creek Ave. Discussion followed. Council concurred that Carriage Hill Road will be built sometime in the future but the time frame will most likely depend upon development in the area. MOTION MADE BY WHITE, SECONDED BY LARSON, TO DENY APPROVAL OF RESOLUTION 91-31 AND ABANDON PROJECT 91-11 AT THIS TIME. Upon a vote taken, ayes by Fitzgerald, Larson, Scott and White, the motion passed carried. MOTION MADE BY LARSON, SECONDED BY SCOTT, TO ADJOURN THE PUBLIC HEARING. Upon a vote taken, ayes by Fitzgerald, Larson, Scott and White, the motion carried A short recess was called. Mayor Andren reconvened the meeting at 9:55 p.m. The next order of business was: Consider Lake Advisory Committee Bylaws and Appointments. City Manager Unmacht reviewed the background of events and stated that the purpose of the agenda item was for Council to review and comment on the Bylaws and Ethics Polic~ and direct staff accordingly. Mayor Andren stated that her appolntee, Dr. Cushing, will be moving and will not be able to serve on the Lake Advisory Committee and requested that Council extend action on the appointment process until the next Council meeting on August 5. Council concurred. Jim Weninger, 2591 Spring Lake Road expressed concern over the possibility that residents living on sprin9 Lake would have no representation on the Lake Advisory Commlttee. Weninger urged the Council to consider appointing someone from Spring Lake and volunteered for the position. Council then reviewed the Bylaws and Ethics Policy and directed staff to make several changes. While discussing publication of agendas, Mayor Andren suggested that all Committee agendas be published in the paper in addition to the Council agendas. Council concurred with this suggestion and directed staff to prepare a revised draft of the Bylaws and Ethics Policy and place on the August 5, 1991 Council agenda for action. 4 Minutes Of The Prior Lake City Council July 15, 1991 The next order of business was: Presentation of Proposed Fire Hall site Information. Assistant Fire Chief Brent Johnson introduced the Truck Committee: Ken Klingberg, Bruce Thomas, Mark Fredrick, and Buildin9 Committee: Jerry Mahony, Larry Stier, Doug Hartman and Skip Reeble. Information from Zack Johnson, EOS ArChitecture, showing alternatives for a downtown fire station were handed out. Brent Johnson stated that estimates for a pumper fire truck and a heavy rescue equipment truck were from $430,000 to $440,000 for the two trucks. Johnson then discussed the status of the project Feasibility Report on the Fire Hall. The next step will be to obtain approval from Council for preliminary land acquisition procedures in order to finalize estimates for the proposed Fire Hall. Johnson requested a date be set for a workshop for Council and the Fire Hall Building Committee to discuss the plans in detail. Discussion occurred on the presentation and Council concurred that Wednesday, August 21 from 7:00 to 10:00 p.m. at the Fire Hall would be an acceptable date. The next order of business was: Consider Comprehensive Plan Amendment and Rezoning For New Century Construction. Tim Keane, Larkin, Hoffman, Daley and Lindgren, representing New Century Construction, requested that the Council approve a Comprehensive Plan Amendment to include property located within the City's urban service area and rezone from A-G agricultural to R-1 single family residential. Planner Horst Graser explained the staff report and background on the application. Graser also explained why this action is coming prior to the preliminary plat and stated that the Metropolitan Council could possibly take up to 90 days to grant approval for the Comprehensive Plan Amendment and the applicant has a limited time frame to begin development before winter. Extensive discussion occurred on the alternatives. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE COMPREHENSIVE PLAN AMENDMENT CONTINGENT UPON METROPOLITAN COUNCIL APPROVAL. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO REZONE THIS PROPERTY FROM A-1 TO R-1 CONTINGENT, UPON METROPOLITAN COUNCIL APPROVAL OF COMPREHENSIVE PLAN AMENDMENT. Discussion occurred on the technicalities of rezoning property with contingencies. Motion was withdrawn. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO CONTINUE THE REZONING HEARING UNTIL THE AUGUST 5, 1991 COUNCIL MEETING. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. 5 Minutes Of The Prior Lake City Council July 15, 1991 The next order of business was: Consider Action on Trail Improvement Recommendations. Parks and Recreation Director Mangan reviewed the Parks Advisory committee's recommendation to the city council that plans and specifications be prepared for Project 91-14 excluding trail lighting and bridge construction. The construction would be for the paving of asphalt trails from C.R. 21 to Lakefront Park and C.R. 39 (Franklin Trail) from Highway 13 south to Highway 13. staff recommends proceeding with the Lake front Park segment for 1991 and the Franklin Trail segment in 1992. A short discussion occurred. MOTION MADE BY LARSON, SECONDED BY WHITE, TO ACCEPT THE PARKS ADVISORY COMMITTEE AND STAFF RECOMMENDATION TO PROCEED WITH PROJECT 91-14 AND FUND THE PROJECT OVER TWO YEARS AND TO FUND THE 1991 PORTION WITH A $75,000 TRANSFER FROM THE GENERAL FUND BALANCE TO THE PARK DEDICATION FUND. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was: Consider Leasing Space at the Priordale Mall For the Dance Program. Parks and Recreation Director Mangan discussed staff's research with regard to obtaining space for the Parks and Recreation Department's Dance Program. Details of a pro~osed lease arrangement between the Priordale Mall and the Clty were discussed. Council expressed concern with regard to the existing bathroom facilities for the children and directed Mangan to explore the possibility of having bathroom facilities installed in the area being discussed for the studio. Mayor Andren also suggested that staff contact the Assembly of God Church as to aval1ability of space in their facility. Council concurred that staff should negotiate a satisfactory lease at the Priordale Mall for space for the Dance Program. Topics discussed under Other Business are as follows: City Manager Unmacht stated that a Backflow Prevention ordinance lS now in progress and should be before the Council in the near future. City Manager Unmacht announced that the Metropolitan Council Systems Committee would be meeting on Tuesday, July 16 at 4:00 p.m. and will be discussing Bonnie Featherstone's request for future reconsideration of the Metropolitan Council's action on the C.R. 18 interchange. A short discussion occurred jurisdiction of Spring Lake. Parks and Recreation Director Mangan suggested that Council consider holding a ribbon cutting ceremony at Sand Point Park on August 5 to dedicate the new asphalt trails and fireplace donated by the Lions Club. Council concurred with this request. regarding the City's 6 Minutes Of The Prior Lake City Council July 15, 1991 The next Council meeting will be Monday, August 5, 1991 at 7:30 p.m. There being no further business, 11:30 p.m. by general consent of the 1!leeting adjourned at Secretary 7