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Home My WebLink About101689 Regular MINUTES OF THE CITY COUNCIL October 16, 1989 The Common Council of the City of Prior Lake met in regular session on Monday, October 16, 1989 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, Scott, White, city Manager Unmacht, City Engineer Anderson, City Planner Graser, Assistant City Manager Schmudlach, Assistant Engineer Loney and City Attorney Kessel. Mayor Andren called the meeting to order, welcomed the audience, and asked everyone to rise for the pledge of allegiance. The minutes of the October 2, 1989 Council meeting were reviewed by Council. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE THE~Vude1 MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next follows: a) b) c) d) e) f) g) h) order of business was approval of the Consent Agenda as COnAen:t Ilf)-enda ~nfX)T Il!)/l. ~5 89-25 City Engineer Anderson handed out an amended MnDOT Agreement (item h) with complete information from both sides of the document. Councilmember Fitzgerald requested clarification and acknowledged the Agreement handed out by Anderson as part of the Consent Agenda approval process. (Manager's Note: Following Motion read (a) thru (g), although Councilmember Fitzgerald's intent was not to remove, but to clarify. Subsequently Council took action on item (h) later in the meeting - see page 4.) Consider Consider Consider Consider Consider Consider Consider Consider 89-25 Approval Approval Approval Approval Approval Approval Approval Approval of Invoices to be Paid Jnvoi..ce1 of Animal Warden Report [), C ch of Building Permit Report of)- ax. of Fire & Rescue Report !31..d.fJ-. ~epj:. of Police Report F & ~ of Treasurer's Report ~o1i..ce of Third Quarter Budget Report /~ea1uq~ of MnDOT Agreement and Resolution 3JUi. Q:tl-. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPROVE CONSENT AGENDA ITEMS (a) THRU (g). THE COnAen:t Agenda 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Recognize Phillip Wu1f and Boy Scout Troop #331 for Painting Fire Hydrants. City Engin7er Anderson addressed the Council regarding an eagle scout serVlce project which Phillip Wulf and Scout Troop #331 had completed for the City. Phillip, t0gether with the Troop and their Leaders, painted 54 fire hydrants ln Prior South and Brooksville Hills. In recognition of this work, Mayor Andren presented Phillip Wulf, and the Troop Leader with Certificates of Appreciation. Mayor Andren also gave City lapel pins to each individual member as a token of appreciation. Mayor and Councilmembers expressed thanks to the Troop for their work. The next order of business was Consider Authorization of No~ Feasibility study for North Shore Oaks Area (Ash Circle) and Sho~e ~4 Resolution 89-26. Assistant City Engineer Loney presented Fea4ibLUX~ details of the North Shore Oaks (Ash Circle) residents' request S~ to the city to conduct a feasibility study for the construction of sanitary sewer, watermain, storm sewer, and street paving improvements. Loney also presented overheads of the area indicating where the six residents who are requesting the study live on Ash Circle, and discussed three alternative methods of funding the project. Discussion occurred on whether or not a valid petition existed. Further discussion occurred on the scope of the project, the Meadowlawn property, and how the project would be funded. Discussion occurred on the process an improvement project would take, either City initiated or property owner initiated. Council concurred that the residents should be advised that the park costs would be calculated as per policy and, also, the ~etition must be valid to be considered by the Council (all appllcable property owners must sign) and the petition should reflect accurately what is being requested. staff would address these items with the residents and report back as appropriate. Council concurred. A short recess was called. The meeting reconvened at 8:40 p.m. The next order of business was Consider Administrative Land Division and Variance for Lot 13: Grainwood Park. City Planner Graser presented slides of the area and discussed details of the proposed lot split of the Bungert property. Discussion occurred on setback requirements and conformity to the neighborhood. Mayor Andren entered two letters into the record, 1) from Pat Lynch, DNR, recommending denial of the split and, 2) from Paul C. Breckner stating his o~position to the lot split. Attorney Jerome Blatz, representatlve for the Bungert's, spoke in favor of granting the variances and lot split. Discussion occurred on the application. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ADMINISTRATIVE LAND DIVISION AND LOT SPLIT FOR LOT 13, PARK. DENY THE ~~~od rp aA.k. GRAINWOOD (!3un-fJ-vd) 2 Minutes of the Prior Lake City council October 16, 1989 U~on a vote taken, ayes by Andren, Scott and White; nays by Fltzgerald and Larson, the motion carried. A short recess was called. The meeting reconvened at 9:20 p.m. The next order of business was Consider Action on Business/Office Park study. City Manager Unmacht briefly commented on the issue and introduced Roger Guenette, a representative for Professional Planning and Develo~ment (PP & D). Guenette was present to address any questlons from Councilmembers. Discussion occurred regarding the method PP & D would be using in their study, and the area of Prior Lake that would be evaluated. Councilmember Fitzgerald reiterated that the study should include a section by sectlon analysis. MOTION MADE BY WHITE, SECONDED BY LARSON, TO CONTRACT WITH &Mine1~/ PROFESSIONAL PLANNING AND DEVELOPMENT TO COMPLETE THE Office BUSINESS/OFFICE PARK STUDY FOR AN AMOUNT NOT TO EXCEED $14,500. p~ 5~ Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Consider Adoption of Ordinance 89-03 and Resolution 89-27. A brief discussion occurred regarding Ordinance 89-03 and the wording pertaining to cars with or without trailers. Attorney Kessel rendered an opinion that it should specify cars and not mention trailers. Councilmember Larson suggested that a parking ordinance on both public accesses be brought back to the Council for consideration. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO ADOPT ORDINANCE O~ 89-03 89-03 AND RESOLUTION 89-27. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Councilmember Fitzgerald brought up the subject of Item Beach Lane Agreement discussed on October 2, 1989, and clarification on the wording. It was noted that the was not in resolution form. #7 on the requested agreement The next order of business Conduct Discussion on Outdoor Concert Outdoo~ Ordinance 3-12 (Ord. 88-24). Mayor Andren briefly summarized Conc0U Council's previous direction to staff to revise the ordinance and O~ bring it back to Council for discussion. Andren stated that her suggestion would be to limit outdoor concerts to strictly civic and religious functions. Craig Ballard, representative of McWillies addressed the Council and spoke in favor of allowing bars to hold outdoor concerts. Extensive discussion occurred regarding the proposed changes in ordinance 88-24. Council concurred that the Ordinance should be directed to more stringent controls such as security, crowd control, clean up of litter after the concert, time concert should end and footage allowed from a residential neighborhood when taking decibel readings. Staff was directed to summarize comments and prepare a further draft for review. 3 Minutes of the Prior Lake City Council October 16, 1989 The next order of business was staff Report on status of County Road Projects in Prior Lake. County Engineer, Brad Larson presented details of the County's road improvements currently underway, and projected improvements over the next five years. Larson suggested that the City Council should consider recommendatlons they would like to make at the next public hearing on transportation issues. Discussion occurred regarding highway improvements in and around Prior Lake and how it will affect the city in the future. Councilmember White spoke favorably towards an aggressive completion of the County Road 21 ~roject. Mayor Andren thanked Larson for presenting the highway lmprovement plans to Council. No further action occurred. The next order of business was staff Report on Omnibus Tax Bill Impact. City Manager Unmacht discussed highlights of the new law and its impact upon budget procedures. Unmacht stated that a public hearing is anticipated to be held on November 20 with final budget being presented to Council for consideration in December. No further action occurred. The next order of business was to consider approval of item (h) of the Consent Agenda. fr/nfX)T MOTION MADE BY LARSON, SECONDED BY WHITE TO APPROVE THE MNDOT AGREEMENT AND RESOLUTION 89-25 - CONSENT AGENDA ITEM (h). A~eem0U ~5 89-25 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Under Other Business the following topics were discussed: Afr1Irl AMM Policy Adoption Meeting Scheduled for November 2 ~ J: 1989. Council is to submit reservations for thi~ o~cy meeting to either Dee or Dave. Adop Staff requested a closed session to discuss the North Shore Lawsuit Litigation. Councilmember Larson brought up the subject of election signs being in the right-of-way and since an ordinance was passed prohibiting this, then the signs should be removed by the city. A short discussion occurred. NoJUth 5ho/le Law/.Ju.U Clo/.Jed fr/;tf) . A short recess was called. The meeting reconvened at 11:00 p.m. The next order of business was a closed session to discuss the North Shore Lawsuit Litigation. Mayor Andren were Mayor White, City Anderson and called the closed session to order, Andren, Councilmembers Fitzgerald, Manager Unmacht, Attorney Kessel, Recording Secretary Birch. those present Larson, Scott, City Engineer 4 Minutes of the Prior Lake City Council October 16, 1989 The next Council meeting will be Monday, November 6, 1989 at 7:30 p.m. There being no further business, the meeting adjourned at 11:40 p.m. by general consent of the Council. Dee Birch Recording Secretary 5