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HomeMy WebLinkAboutDecember 18, 1989 REGULAR COUNCIL MEETING AGENDA REPORT Monday, December 18, 1989 *************************************************************** 4:00 p.m. LIQUOR COMMITTEE MEETING *************************************************************** 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 2 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 3 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. 4 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.