HomeMy WebLinkAboutDecember 18, 1989
REGULAR COUNCIL MEETING
AGENDA REPORT
Monday, December 18, 1989
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4:00 p.m. LIQUOR COMMITTEE MEETING
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CALL TO ORDER 7:30 p.m.
1. Pledge of Allegiance
2. Minutes of The Previous Meeting
3. Consent Agenda:
a)
b)
c)
d)
e)
f)
g)
Consider Approval of Invoices To Be Paid - see
attached
Consider Approval of Animal Warden Report
see attached report.
Consider Approval of Building Inspection
Report - see attached report.
Consider Approval of Fire and Rescue Report
see attached report.
Consider Approval of Treasurer's Report - see
attached report.
Consider Approval of Release of Utility
Easement for Robert Robbs - see attached staff
report.
Consider Approval of Resolution 89-36
Request Extension From Metropolitan Council to
Amend The Comprehensive Plan
Attached is a copy of Resolution 89-36 for
your review. The Metropolitan Council
recently amended its Metropolitan Systems
Planning documents and all cities are required
to amend their Comprehensive Plans to comply
with the Metropolitan Systems Planning of the
Metropolitan Council. Staff' is requesting
that the Metropolitan Couoncil give us an
extension to December 1, 1990 to complete this
effort. The purpose of the extension is to
coincide with our major Comprehensive Plan
update programmed for 1990. Staff does not
envision the Metropolitan Council to have any
problem with our request. within 30-60 days
the Metropolitan Council will formally accept
or reject our request. (Staff is aware of
other cities makin~ the same request) and
staff will notify Clty Council of any action
of the Metropolitan Council.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
Consider Approval of Appointments to EDC - see
attached staff report.
Consider Approval of Final PaYment For Water
Tower Project 87-12 see attached staff
report.
Consider Approval of Payment to Rainbow Play
Systems, Inc. - see attached staff re~ort.
Consider Approval of 1990 Cigarette Llcenses -
All 1989 Cigarette Licenses will expire on
December 31, 1989. Applications from
twenty-one business establishments have been
received and processed by the City. Attached
is a list of the applicants. Motion to
approve the applications as part of the
consent agenda would be in order.
4. Continue Discussion on Winter Lake Access (DNR
Public Access and/or Sand Point Beach Park) see
attached staff report.
h)
j)
k)
i)
s. Discuss Resolution 89-37 Restricting Parking Near
Public Accesses - see attached staff report.
8:00 p.m 6. Public Hearing To Consider Adding Section 2-3-4 (H)
to the City Code Ordinance 89-10 Public
hearing to consider a City Code Amendment to
Section 2-3-4 "Duties of the Commission". The
proposed amendment would add a year end summary
report of variance activity to the list of Planning
Commission Duties. This amendment is the result of
a City Council - Planning commission workshop where
it was discussed that a year end summary report of
variance activity would give the City Council a
better understanding of variance trends within the
community. The Planning Commission held a hearing
on the proposed amendment on December 7, 1989. The
Planning Commission approved the amendment as
presented. The recommendation is to approve
Ordinance # 89-10 as proposed. (see attached
Planning Commission report and public notice for
further details.)
7. Continue Public Hearing on 1990 Budget:
a. Adopt Resolution 89-35 Approving 1990 Tax Levy
- Staff is putting together the final touches
on the proposed 1990 budget. Based on the
direction provided by the City Council on
December 4, staff is finalizing the numbers to
be presented on Monday, December 18, 1989.
Staff is planning on having the information
available to the City Council prior to the
meeting together with a copy of Resolution
89-35. At this time, input is still being
received and staff research is occurring on
various budget projections for 1990. Budget
development can be as easy or as hard as one
elects the process to be. Careful
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consideration and deliberation of all the
factors is important in making the final
determinations for the proposed staff budget
for 1990.
Consider Findings
Recommendation From
Relating to Chaser's
staff report.
9. Consider Final Resolution of McDonald Variance
Application - see attached staff report.
of Fact, Conclusions and
Administrative Law Judge
Bar Violations - see attached
8.
10. Consider City Ordinance Amendments:
a. Section 5-4-1 (P) and 4-1 P - Ordinance 89-13
The purpose of this item is to consider a
Zoning Ordinance Amendment to Section 4.1P
"House Moving". The City Attorney informed
staff that according to a new 1989 state
statute the City must allow residential
structures to be moved into, within, or out of
the City Limits of Prior Lake as long as all
building code requirements and architectural
design standards and materials are complied
with. The existing Ordinance prohibits the
moving of structures into or within the city
boundaries. The amendment would also include
that other structures such as detached gara~es
and storage sheds may be moved out of the Clty
Limits but shall not be moved into or within
the City Limits. City Attorney research
determined that the legislatures intent was
for residential structures as expressed in the
law. A change in the amount in the letter of
credit to move a structure out of the City
Limits will also be included in the amendment.
A letter of credit is used by the City as a
guarantee to cover the cost of backfilling,
planting, and reclaiming the site should the
applicant not be able to fulfill his
obligation. The City Council will annually
determine the fee schedule amount for letters
of credit for house moving permits. The
Planning Commission held a public hearing on
December 7, 1989 and discussed the proposed
Zoning Ordinance amendment. The
recommendation is to approve Ordinance # 89-13
as proposed. (see attached Planning
Commission report and public notice for
further details.)
b. Section 6-6-8 (A)- Ordinance 89-08 Ordinance
Amendment to Section 6-6-8(A) "Park
Dedication". This amendment would allow the
City the opportunity to request that a
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developer dedicate land for conservation
purposes as well as for public use. The
reason for the amendment is that the City
Attorney informed staff that section 6-6-8(A)
of the Subdivision Ordinance was inconsistent
with a new 1989 Minnesota state statute. The
City Attorney provided staff with the
necessary language to make the ordinance
consistent with state statute. The Planning
Commission held a public hearing on December
7, 1989 and discussed the proposed subdivision
amendment. The recommendation is to approve
Ordinance # 89-08 as proposed. (see attached
Planning Commission report and public notice
for further details)
Title 3 - Ordinance 89-06
staff report.
d. Title 11 Ordinance 89-12 During the
1988-1989 legislative session, the legislature
passed a law setting up guidelines on when
police officers are allowed to tow vehicles
from public property when the vehicle is in
violation of state or local parking or traffic
laws. This law, Minnesota statute 169.041,
states that a vehicle in violation of local or
state parking or traffic laws cannot be
towed for four (4) hours after a citation is
issued. The legislature did allow thirteen
(13) exceptions to the four hour waiting
period. One of the exceptions is if the
vehicle is parked in violation of snow
emergency regulations.
c.
see attached
The police department asked the city
attorney's office to review our ordinance
regarding snowbird parking to see if a vehicle
in violation could be towed. Our ordinance
does not meet the criteria of snow emergency
regulations, and officers would not be able to
tow vehicles during snow plowing. The city
attorney's office was requested to write up an
ordinance so that vehicles in violation of our
snowbird ordinance could be towed for the
safety and welfare of the community. The
proposed ordinance is attached to the agenda
for your review.
11. Consider Joining 35 W Council as Exofficio Member -
see attached staff report.
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12. Other Business
a) Establish Dates for January 1990 Council
Meetings - a) In January of 1990, the regular
Council meeting dates are the 1st and 15th.
Both of these dates fall on legal holidays,
New Year's Day and Martin Luther Kings
birthday respectively. Council should take
action to change the dates of the January
meetings. Council has the following
alternatives:
1) To change the dates to the 2nd and 16th
of January, which is the Tuesday
following the previously scheduled Monday
meeting. This has been the Council's
preferred course of action in the past.
2) To change the dates to the 8th and 22nd
of January, which would be the second and
fourth Monday. There are five Monday's
in January, so this would not cause a
problem with the February meeting
schedule.
Discussion on this will occur at the meeting.
b) Transportation Advisory Board Vacancy On
Thursday, December 7, 1989, Staff received a
bulletin from the Association of Metropolitan
Municipalities outlining the vacancy which
exists on the Transportation Advisory Board.
The purpose of this item is to determine
whether or not anyone from the City Council is
interested in being nominated for this
position. If anyone is interested, discussion
should occur at the meeting.
c) Discuss Reconsideration of a Water Treatment
Plant Councilmember Fitzgerald requested
that this item be placed under Other Business
for the purposes of receivin~ Council feedback
on whether or not this lssue should be
reconsidered at a future date by the Council.
The water treatment plant issue was last
discussed by the City Council in 1987;
however, the issue of "brown water" continues
to remain a problem with the Prior Lake water
system. Councilmember Fitzgerald will lead
the discussion on this item at the meeting.
*All times stated on the Council Agenda, with the exception of
Public Hearings, are approximate and may start a few minutes
earlier or later.
**The Public Hearing on the budget was continued until 8:00 p.m.
on December 18. Due to a prevlous public hearing commitment the
budget public hearing will continue as soon as the previously
scheduled public hearing ends.