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HomeMy WebLinkAbout061791 Regular HERITAGE 1891 COMMUNITY 1991 ~Jg()JV 2Q91 MINUTES OF THE CITY COUNCIL June 17, 1991 The Common Council of the City of Prior Lake met in regular session on Monday, June 17, 1991 at 7:30 p.m. in the city council Chambers. Present were Mayor Andren, Counci1members Fitzgerald, Larson, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, Planning Director Graser, Assistant Planner Garross, Parks and Recreation Director Mangan, City Attorney Nelson 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 3, 1991 City council meeting were reviewed by Council. MOTION MADE BY LARSON, SECONDED BY WHITE, TO APPROVE THE MINUTES MinU-te-1 AS SUBMITTED. Upon a vote taken, ayes by Andren, Larson, Scott and White. Fitzgerald abstained due to the fact he was out of town on June 3. The motion carried. The next order of business was approval of the Consent Agenda as COn-1erU follows: a) b) c) d) e) f) g) h) i) j) k) of Invoices To Be Paid of Animal Warden Report of Building Report of Fire & Rescue Report of Treasurer's Report of Commercial and Tax Consider Approval Consider Approval Consider Approval Consider Approval Consider Approval Consider Approval Increment Policy Consider Approval of Temporary 3.2 Beer Permit for VFW Consider A~proval of Non-Intoxicating Off-Sale License for McWillles Consider Approval of Rescheduling the Public Hearing For carriage Hill Road Improvement - Resolution 91-27 Consider Awarding Bid For Street Flusher Consider Approval of Refuse Hauler's Licenses for 1991-1992 Industrial 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 :Jnvoi..Ce-1 Do~ Cedch 81d.f}-. ~p;t. F & ~ ~p;t. T /teMU/teA Comm& Jnd. Tax Jnc. fX VFW Non-in ;tox. frJcWill '{'e4 7li 91-27 Ca/t/tiG..fJ-e H ill Si:./teet Flu -1heA ~e/'.-UAe Hau1..eM Licen-1e4 Minutes of The Prior Lake city council June 17, 1991 Mayor Andren stated that she would be abstaining from voting on item (i) Consider Approval of Rescheduling the Public Hearing For Carriage Hill Road Improvement - Resolution 91-27. Councilmember White commented on legislative changes which will soon be announced regarding Refuse Hauler's Licensing and city requirements. Assistant city Manager Management had withdrawn license, and all necessary Buckingham Disposal. that for a been Admiral Waste refuse hauler received from Schmudlach noted their request paperwork had '1- MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE CONSENT C~n-1en.;t AGENDA ITEMS (a) THRU (k) with Mayor Andren's abstention on item Af}-Mda ( i) . Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was: Recognize Don Hartley as 1991 Volunteer Of The Year. Assistant City Manager Schmudlach briefly outlined Mr. Hartley's credentials for becoming the Volunteer of the Year and introduced him to the Council. Mr. Hartley commented briefly with regard to his volunteer activities with the Scott County Food Shelf and American Cancer Society. city Council commended Mr. Hartley for his contributions to the community. The next order of business was: Second Consideration of Tim Connors' Home Occupation Permit Appeal. Mayor Andren stated that the purpose of this item was to rule on whether or not to grant a Home Occupation Permit, not to discuss the building size, since the application of Mr. Connors meets the code requirements. City Manager Unmacht gave a brief background of actions to date. Attorney Nelson was asked to give his opinion with regard to subdivision covenants. Mr. Nelson stated that the City Council has no, authority or jurisdiction to enforce subdivision covenants. Mayor Andren then asked if anyone in the audience had any new information they would like to present. Tim Connors addressed the Council and stated that he would be willing to agree to the following terms on the three main issues to which the neighbors have voiced objections: .1) Size of building is in accordance with City Code, but if absolutely necessary, he would consider a smaller building. 2) Odors and fumes - Planning Commission did found no problem, also he had expert substantiated this finding. To alleviate any objection of his hobby, he agreed to abide by the following: investigate and testimony which 3) a. No advertising b. No commercial deliveries c. No outside sign d. No business phone e. No yellow page advertising 2 V olun.;teeA Of- The Yea/t Oon Ha/tUey T.un Conno/l/. Home Occupai:.ion l' eAITli..t:. Appeal Minutes of The Prior Lake City Council June 17, 1991 Sandy Haycraft, 14156 Ash Circle, regard to her conversation with officials. Her understanding from Connors is required to have a glazes. Jim Vizenor, 14251 Ash Circle, spoke in opposition to the size of the proposed bUilding. Discussion occurred regarding the size of the structure. f. Two weekend shows a year (if that is objectionable, no weekend shows). g. Weekend shows will be by invitation only and his studio will never be open to the general public. addressed the Council with Scott County Environmental the conversation is that Mr. license to work with certain Discussion occurred on the covenants and the residents' rights with respect to them. Attorney Nelson stated that should the residents wish to pursue enforcing the covenants they were within their right to bring private legal action against Mr. Connors. Mayor Andren entered a letter into the record from Jim Gibbish, re~resenting the Town Center Association, objecting to the bUllding and its proposed use from being built in a residential neighborhood. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPROVE A HOME OCCUPATION PERMIT WITH THE FOLLOWING CONTINGENCIES BEING INCLUDED: 1. REVIEW BY STAFF EVERY SIX MONTHS FOR TWO YEARS. 2. MR. CONNORS' SEVEN CONCESSIONS BE APPLIED. 3. PLANNING COMMISSION'S CONTINGENCIES BE INCLUDED. 4. BUILDING TO BE BUILT AS PER THE DRAWING SUBMITTED BY CONNORS. Ti..m ConnoM Home OccupcRion l' e/lIT1li Sarah Krohn, 14179 Ash Circle, objected to size of building. Further discussion occurred. Dennis Connors, 105 Wildwood Bay, Mahtomedi, MN, UPS employee, came to the podium on behalf of his brother, Tim Connors. Further discussion occurred. City Manager Unmacht requested that staff be allowed time to compile the results of the minutes from this meeting before granting the Home Occupation Permit in order to insure all contingencies are understood. U~on a vote taken, ayes by Andren, Larson, and White, nays by Fltzgerald and Scott, the motion carried. A short recess was called. The meeting reconvened at 8:50 p.m. The next order of business was: Consider Lake Review Committee LRC Report Recommendations: City Manager Unmacht made some introductory remarks regarding the Work Program, which is a result of the Council Workshop discussion on April 20, and requested that Council give further direction on the Lake Advisory Committee. Lake Review Committee Chairman, Tom Watkins, 3 Minutes of The Prior Lake City Council June 17, 1991 presented a broad overview of accomplishments by the LRC and commented briefly on the Regional Lake Management Conference in Des Moines, Iowa which he and Deb Garross had attended to present the LRC Re~ort. LRC member, Jerry Meysembourg, addressed the Council w~th re9ard to the makeup of the proposed Lake Advisory Committee and hlS opinion of the Council's Work Program. Discussion occurred regarding the Report and its purpose. Tom Watkins discussed the work of the LRC, their conclusions and recommendations. Further discussion occurred regarding publicizing any committee meetings or Council action with regard to the LAC recommendations and Work Program. Council directed staff to proceed with the Work Program and to finalize details for the Lake Advisory Committee bylaws, purpose, etc and submit to Council at a future meeting. Mayor Andren bypassed Agenda Item #7 to discuss Item #8: Consider Planning Commission Request For storage Sheds on Lake Lots. Assistant Planner Garross stated that the purpose of this item was to request direction from the City Council concerning development of an ordinance to regulate accessory bUildings on lakeshore lots. Ms. Garross discussed a "POlicy statement" which has been used in the past but is now outdated. The new Shoreland Rules will not be in effect until such time that Prior Lake adopts them as part of the Zoning Code. Council concurred that an ordinance should be created to regulate accessory structures on lake lots after very careful consideration. Councilmember White suggested that when considering this ordinance that guidelines for motorized rail systems also be considered. No further action was taken on this item and it will be returned to staff and the Planning Commission for action. The next order of business was: Consider Request From Lions Club to Change Name of Sand Point Beach Park. Tom Kedrowski, Lions Club representative was present to make the request. A brief discussion occurred. Council ex~ressed their appreciation to the Lions Club for their large contrlbutions toward improvements at Sand Point Beach Park, and most Councilmembers concurred that changing the name to Sand Point Lions Park would be inappropriate since citizen's had also paid their tax dollars toward establishment and development of the park. Councilmember White supported the name change. No further action was taken. A short recess was called. The meeting reconvened at: 9:55 p.m. The next order of business was: Consider Feasibility study For Trails. Parks and Recreation Director, Bill Mangan, discussed the Feasibility Study and requested direction from Council to the PAC to complete recommendations on funding and a timetable for improvements. Questions as to whether the bridge was going to remain as part of the proposed study was addressed by Mangan. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO ACCEPT THE FEASIBILITY STUDY AS PREPARED BY STAFF AND DIRECTED THE PAC TO COMPLETE THEIR RECOMMENDATIONS ON FUNDING AND BRING THIS ITEM BACK TO COUNCIL IN JULY. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. 4 5i:.o/tage 5heelA on L..ah. e LoLd Lion-1 Club ~eque4:t Name Chan.~e 5and 'Poin.;t l' Cl/lk. T /tai..M Fea-1.5Wdy I-o/t T /tai..M Minutes of The Prior Lake City Council June 17, 1991 Councilmember White expressed concern over the funding of this project in relation to the CIP and future spending projections. City Manager Unmacht stated that when Council considers the final Recommendations they will also have access to the CIP information. The next order of business was: Consider Draft of Prosecution Service Joint Powers Agreement. City Manager Unmacht presented a draft of the Prosecution Service Joint Powers Agreement and discussed changes which had been recommended by the City of Savage. Discussion occurred regarding liability insurance, cost of staffing, type of facilities and location of facilities. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE DRAFT JOINT POWERS AGREEMENT AS AMENDED AND DIRECT STAFF TO CONTINUE WORKING WITH THE CITIES TO IMPLEMENT THE PROSECUTION SERVICES. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was: Consider Resolution 91-26 in Support of the Scott County Board Adopting a Resolution On The Local Option Sales Tax. City Manager Unmacht briefly presented details on this item. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO ADOPT RESOLUTION 91-26 A RESOLUTION IN SUPPORT OF THE SCOTT COUNTY BOARD ADOPTING A RESOLUTION ON LOCAL OPTION SALES TAX. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The following topics were discussed under Other Business: Metropolitan Council Regional Breakfast on June 21, 1991. Mayor Andren reported on the proposed agenda and who would be representing Prior Lake. Reminder: Police Workshop - June 20, 1991. City Unmacht handed out the agenda for the workshop. l' /to-1eCU-t. 5eAvice4 Join:t 1'OWe/t-1 Af}-/teem~ :Join:t 'POWe/t-1 Af}-/teemerU. l' /to-1 ecu;ti 5eAv.Lce4 ~ 91-26 Loca-l Op;tion 5al..e4 Tax Manager 1'o-Li....ce Wo/l.k.-1hop Update on County Road 18/Bloomington Ferry Bridge Interchange Issue. Mayor Andren reported on the status of her meetings with Metropolitan Council representatives and the strategy planning committee. The next Council meeting will be Monday, July 1, 1991 at 7:30 p.m. There being no further business, 10:45 p.m. by general consent of the adjourned at Dee Birch Recording Secretary 5 C~ 18/ fllooming,tn FeA/t!J &..i.d.g.e