The URL can be used to link to this page

Home My WebLink About081591 Regular COMMUNITY 1991 W-J$% 2Qgf HERITAGE 1891 MINUTES OF THE CITY COUNCIL August 5, 1991 The Common Council of the City of Prior Lake met in regular session on Monday, August 5, 1991 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, Scott, white, City Manager Unmacht, Assistant Engineer Loney, Plannin9 Director Graser, City Attorney Kessel and Recording Secretary Blrch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the July 15, 1991 Council meeting were reviewed by Council. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPROVE THE MVude-1 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 CIA follows: a) Consider Approval of Invoices To Be Paid b) Consider Approval of Plannin9 Commission Reappointments c) Consider Approval of Lease Wlth Priordale Mall for Dance Program d) Consider Approval of Stipulation and Consent Agreement for Breckner Easement e) Consider Approval of Refuse Hauler License for Aagard West, Norwood, MN f) Consider Approval of Amended Joint Power A9reement For Credit River Watershed Management organizatlon Staff requested that item (c) be removed for discussion. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, CONSENT AGENDA ITEMS (a,b,d,e and f). Jnvoice4 'Plan.Comm Dance 5:tud 'P /tW lUi.al e MaLl B/tecRne/t AAfJGAd ~e/'.-UAe Lic :Joifl;t 'Powe C . ~. Wed/t-1J ed TO APPROVE THE COn-1erU Af}-enda Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Councilmember Fitzgerald announced that he was withdrawing from discussion on item (c) Consider Approval of Lease with Priordale Mall for Dance Program due to a possible conflict of interest. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 'P/ti..o/tdale MaLl Dance 5i:.udi..o Lea-1e Minutes of the Prior Lake City Council August 5, 1991 city Attorney Kessel reviewed recommended modifications to the the lease. Kessel stated that the changes had been negotiated with Neil Boderman, priordale Mall representative. Kessel reported on an understanding with Boderman relating to the possible replacement costs associated with the heating/air conditioning s~stem. (This understanding is on file with Attorney Kessel.) Councl1 concurred with the changes. Discussion occurred on the lease and bathroom facilities. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE FOUR YEAR LEASE AT THE PRIORDALE MALL FOR THE DANCE PROGRAM. Upon a vote taken, ayes by Andren, Larson, Scott and White, the motion carried. Fitzgerald abstained. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE EXPENDITURE OF UP TO $7,500.00 FROM THE CONTINGENCY FUND FOR THE CONSTRUCTION OF BATHROOM FACILITIES WITHIN THE LEASED SPACE. Upon a vote taken, ayes by Andren, Larson, Scott and White, the motion carried. Fitzgerald abstained. The next order of business was: Second Consideration of Appointments and Bylaws for Lake Advisory Committee. city Manager Unmacht noted that a co~y of the amended Bylaws identifying the changes and a flnal copy with all changes incorporated had been distributed to Council. Council concurred that an indemnification clause should be added to the Bylaws as recommended by City Attorney Kessel. Tom Watkins suggested that Council evaluate the Bylaws at the end of one year to ascertain whether any changes were necessary. A short discussion occurred regarding Article 5. Amendments, Section A. A concurrence occurred on the understanding that Council may veto any amendments adopted by the Committee within 60 days of the adoption. Councilmember White highlighted the intent of Council with regard to the Ethics clause, Section 1 as: Any member who steps down from the chair or committee because of conflict of interest would still retain the right to address the Committee after making it clear they had withdrawn from voting and/or discussion as a Committee member. Council concurred. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPOINT DAVE MORAN, BILL PACKER, PETER PATCHIN, JODY STROH, TOM WATKINS, DAVE VINLOVE AND JOHN WINGARD TO THE LAKE ADVISORY COMMITTEE. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE LAKE ADVISORY COMMITTEE BYLAWS INCLUDING THE INDEMNIFICATION PROVISION AS RECOMMENDED BY ATTORNEY KESSEL, THE 60 DAY VETO LIMITATION, AND REVIEW OF THE BYLAWS AT THE END OF ONE YEAR BY COUNCIL. 2 Dance 5J:.udc Lea-1e cd rp /tioJUiaJ..e Mall expend. fJz.om ConJ:.- -Ul.~enc!l to/t Dance 5fudi..o Lak.e Advi-1o/t!l CofTllniftee App;t.-1 Lak.e Advi-1o/t!l CofTllniftee Byl.allMI C:tfLLC-1 1'olicy Minutes of the Prior Lake City Council August 5, 1991 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY SCOTT, SECONDED BY FITZGERALD, LAKE ADVISORY COMMITTEE ETHICS STATEMENT. APPROVE THE TO Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. EA:.hiCA S;ta;temen.;t The next order of business was: Second Consideration of Rezoning Application for New Century Construction Ordinance 91-09. Mayor Andren called the continued Public Hearing to order. Planning Director Graser briefly reviewed the decision by Council to continue the hearing to allow City Attorney Kessel time to research whether or not a rezoning action could be conditioned upon a future event. (Based upon Attorney Kessel's findings, conditioned rezoning is legal). Ordinance 91-09 was submitted, contingent upon: (1) Metropolitan Council approval of the Comprehensive Plan Amendment, and (2) a Sunshine Date of November 15, 1991 to be incorporated which will give the Metropolitan Council slightly more than 90 days to approve the Comprehensive Plan, at which time the law will become valid. If Metropolitan Council does not approve the Plan Amendment, then on November 15, 1991 the law would be declared null and void. Council concurred that this Ordinance should be adopted. O/tdi..nance MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO ADOPT ORDINANCE 91-09 91-09 AMENDING PRIOR LAKE CITY CODE TITLE 5 AND THE PRIOR LAKE ZONING ORDINANCE 83-6 WITH CONTINGENCIES AS SPECIFIED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. New Cenfu/ty COn-1u. Compan!f MOTION MADE BY LARSON, PUBLIC HEARING. SCOTT, ADJOURN THE 'P. J. AdjoU/tn TO SECONDED BY 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 Lake front Park Trail Plans and Specifications. Assistant City Engineer Loney presented proposed plans for a trail system within Lakefront Park for the purpose of receiving authorization from Council to advertise for bids. Council had authorized a General Fund Balance transfer of $75,000.00 to construct trails for Lakefront Park on July 15, 1991. Loney reported on modifications to the original plan and the findings of the survey team with regard to boundaries. Extensive discussion occurred regarding the placement of the trails, future plans for parking, access and other suggested improvements to Lakefront Park. General consensus of Council was for staff to re-evaluate the trail location from Lakefront Park to Ridgemont Avenue. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE RESOLUTION 91-34 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON TRAIL IMPROVEMENT (PROJECT 91-14). 3 Lakef.-/torU 1'a/tk T/taU 1'larv.J ~5 91-34- ApfJIl-ovinf}- 1'larv.J & 5 peC-1 L.F. 1'a/tk T/taU Minutes of the Prior Lake City council August 5, 1991 Further discussion occurred regarding the trails and roadways. 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 9:03 p.m. The next order of business was: Consider First Draft of Mineral Mine/i.ai Extraction Moratorium Ordinance 91-08. City Manager Unmacht txtAaGtion introduced the issue and reviewed staff's decision to recommend a Mo/tai:.o~ moratorium. City Manager Unmacht also updated the Council on a CJR. 91-08 recent mediation meeting held in the city of Savage between the city of Shakopee, the Mdewakanton sioux communit~, the city of Prior Lake and the McKenna representatives. Extenslve discussion occurred regarding the moratorium and its purpose. Action on Ordinance 91-08 was continued until August 19, 1991. Councilmember Larson discussed amending the ordinance with regard to Solicitors Permits. After discussion, staff was directed to research and recommend changes to the Council if required. The next order of business was: Consider First Draft of Capital CJ'P Improvement Program. City Manager Unmacht reviewed segments of the rough draft of the 1991 CIP and explained the new format. Council was given copies of the complete CIP for review and comment. This item will be placed on the September 3, 1991 agenda for Council discussion and possible action. Topics discussed under Other Business were as follows: City Manager Unmacht stated that he had received a letter from County Attorney Terwedo announcing that they would not be handling selected prosecutions for the City after December 31, 1991. City Manager Unmacht gave a brief review on the timeframe for work on the Comprehensive Plan. Staff re~orted another spotting of Eurasian Milfoil next to Frost POlnt and that the DNR was evaluatin9 for treatment at this time. Also that the Lake Associatlon and Watershed District members had met with City staff to discuss a comprehensive plan of action on the Eurasian Milfoil problem. Staff announced that the AA had submitted a letter of their intent to vacate the basement room located in the Library as of September 1, 1991. AA T eAmin- ati..on of.- Lea-1e at Ub/lGA.Y 4 Minutes of the Prior Lake City Council August 5, 1991 The next Council meeting will be Monday, August 19, 1991 at 7:30 p.m. There being no further business, the meeting adjourned at 10:15 p.m. by general consent of the Council. 1 .~ a 1 J. Unmac ity Manager /~j -/ l~~~---I/ Dee Birch Recording Secretary 5