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7:00 p.m. FORUM
REGULAR COUNCIL MEETING
AGENDA
Date: January 21, 1997
1. CALL TO ORDER................................................................................ 7:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES
4. CONSENT AGENDA:
A.
B.
-
C.
Consider Approval of Invoices to be Paid.
Consider Approval of Resolution 97-XX Authorizing Execution of the 1997 Joint
Powers Agreement for Traffic Markings, Street Sweeping, Crack Sealing, and
Sealcoating.
Consider Approval of Authorizing the Execution of a Cooperative Agreement with
Scott County for Operation of Traffic Signals and Integral Street Lights at the
Instersection of CSAH 39 (Franklin Trail) and CSAH 44 (160th Street) S.A.P. 70-
639-04.
Consider Approval of Animal Warden Report for December, 1996
Consider Approval of Fire Call Report for December, 1996 and for Calendar Year
1996.
Consider Approval of 4th Quarter Investment Report Summary.
Consider Approval of Monthly Building Inspection Activity Report.
D.
E.
F.
G.
5. PRESENTATIONS:
A. Be a PAL Presentation by Friends of the Library and Prior Lake Parks Advisory
Committee Requesting the Scheduling of a Referendum Election on Tuesday,
February 25, 1997.
6. PUBLIC HEARINGS:
A. There are no Public Hearings.
7. OLD BUSINESS:
A. Consider Approval of Resolution 97-XX Relating to an Appeal from John Craig of a
Decision ofthe Zoning Officer Relating to Detached Accessory Structures.
S. NEW BUSINESS:
16~OeCf.agle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A. Consider Approval of Resolution 97-XX Authorizing A Special Election for A Parks
and Library Referendum, Appointment of Election Judges, Approval of Ballot
Question.
B. Consider Approval of Resolution 97-XX Authorizing an Agreement for Participation
in the Installation and Operation of a Street Light with Scott County at the
Intersection of County Road S2 and CSAH 17.
C. Consider Approval of Resolution 97-XX Ordering Preparation of Feasibility Report
for Mushtown Road, Pike Lake Trail, CSAH 42, Street Sealcoating and Lakefront
Park Incremental Improvement.
9. OTHER BUSINESS:
A.
10. ANNOUNCEMENTS/CORRESPONDENCE
11. ADJOURNMENT
12097.DOC
REGULAR CITY COUNCIL MEETING
DATE: January 6, 1997
1. CALL TO ORDER: Mayor Andren called the meeting to order at 7:35 p.m.
Present were: Mayor Andren, Councilmembers Kedrowski, Schenck, City
Attorney Pace, Attorney Brokl, City Manager Boyles, Finance Director Teschner,
Planning Director Rye, Planner Kansier, Police Chief Powell, and Recording
Secretary Oden. Councilmember Mader was absent. Councilmember Greenfield
had notified staff that he would be late and joined the meeting at 8:45 p.m..
2. PLEDGE OF ALLEGIANCE: The Mayor led the Pledge of Allegiance and
welcomed everyone to the meeting.
3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES:
MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE THE
MINUTES OF THE DECEMBER 16, 1996 CITY COUNCIL MEETING.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
4. CONSENT AGENDA:
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE
CONSENT AGENDA.
Upon a vote, ayes Andren, Kedrowski and Schenck, the motion carried.
5. PRESENTATIONS: There were no presentations.
6. PUBLIC HEARINGS: There were no public hearings.
7. OLD BUSINESS: There was no old business.
8. NEW BUSINESS:
A) Consider Approval of Resolution 97 -XX Relating to an Appeal of John
Craig from a Decision of the Zoning Officer Relating to Detached
Accessory Structures.
. There was a request from John Craig to defer this item to the January 21
meeting
B) Consider Approval of Ordinance 97-03 Revising the Snowmobile
Ordinance Requirements
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AN EQUAL OPPORTUNITY EMPLOYER
· City Manager Boyles introduced the item. He said Dick Powell had worked with
the City Attorney's Office to update the ordinance. Chief Powell gave a brief
presentation regarding the snowmobile ordinance. He thanked members of the
snowmobile club for their support of the ordinance. He said they had felt that
the language needed to be changed, and the two biggest changes were headlights
and the penalty, by increasing the fine. He said it was also more specific
regarding identification of streets, roads, County roads, etc. that could be ridden
on.
· The Mayor recognized Terry Hutchinson of the Prior Lake Snowmobile Club. He
said that they were looking at the language in the ordinance. His concern was
under the proposed language resolutions could be passed without the knowledge
of the snowmobile club, since ordinances are published in the paper and
resolutions are not.
. City Attorney Pace said that there was a big difference between an ordinance
and resolution, and the club could arrange to be notified before resolutions are
considered. She said the public has the responsibility of remaining informed.
. City Manager Boyles said it would likely be published in the paper if a
resolution was to be considered that changed which streets snowmobiles could
operate on because of safety issues.
. City Attorney Pace said that if there was an emergency, and they couldn't wait
for a public hearing, they may have to go ahead with a change.
. Councilmember Kedrowski said the snowmobile group was there to ensure that
they would be involved in the decision-making process regarding the snowmobile
ordinance. They did not want the City Council to make a resolution changing
the ordinance without their involvement. They wanted to remain informed, so
that they were aware if they were to observe different operating rules.
. Mayor Andren said that the Council was assuring that in case of the need to
MOTION KEDROWSKI, SECOND SCHENCK TO NOMINATE THE PRIOR LAKE
AMERICAN AS THE OFFICIAL NEWSPAPER OF THE CITY OF PRIOR LAKE
FOR 1997.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
MOTION KEDROWSKI, SECOND SCHENCK TO NOMINATE PRIOR LAKE CITY
City. They wanted to help with the ordinance and they wanted the City to know
that they supported the ordinance.
. Mayor Andren said there appeared to be compliance with the ordinance and
people were being generally courteous and respectful. She said there should be
key people that the City Manager would notify of changes in the ordinance
before they take place.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT ORDINANCE
97 -03 REVISING THE SNOWMOBILE ORDINANCE REQUIREMENTS AS
AMENDED.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
The Mayor called a five minute recess.
MOTION BY ANDREN, SECOND BY KEDROWSKI TO RECONSIDER THE
CONSENT AGENDA.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE ITEMS A, B,
D, AND E OF THE CONSENT AGENDA.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
C) Consider Approval of the 1997 Fee Schedule
. City Manager Boyles introduced the item. He said the schedule showed the
changed or new fees proposed for 1997.
. Councilmember Schenck questioned p2, item 3, burning permits. He asked
about burning permits for townships. He said Lakeville collects from the
townships.
. Finance Director Teschner said the townships would have to pass an enabling
ordinance to allow the City to collect. He said the township would have to
authorize the City to charge the residents. They have just authorized the fire
department to charge for fire calls. He did not think that they could charge for
burning permits if outside the City limits, unless it were authorized. He said for
now, townships were not charged.
. Councilmember Schenck said if the City was providing permits to residents of
the City, the Township residents should be charged also.
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. Fire Chief Chromy asked if it was a billing provision.
. Finance Director Teschner said that it was for fire calls.
. Mayor Andren suggested that Fire Chief Chromy meet with the townships
regarding the issue of being charged for burning permits, and get authorization.
. Councilmember Schenck asked about the number of false alarms, and the charge
for the alarms that was proposed.
. Chief Powell said there was a federal grant for crime prevention. He said there
were other ways than charging people to correct the problem of false burglar
alarms.
. Councilmember Schenck asked about Carbon Monoxide detectors and alarms.
He asked if maybe the squad cars could respond with a device and measure the
level of Carbon Monoxide to determine its level before the Fire Department is
called.
. Chief Powell said there would have to be special training, and there may be
problems with delays while squads waited for Minnegasco.
. Fire Chief Chromy said they were new devices, and there could be gas present,
not just Carbon Monoxide. He said the last month to two months, the calls have
been more serious. The equipment is improved, so it detects better now. It
could be a car, or a heater. The ones that are not serious have been pretty much
eliminated. He said for most calls, they go out with breathing apparatus on. He
said the proposed cost was to recoup the cost of the truck. He did not
recommend sending the police out instead, since Carbon Monoxide was very
serious and could affect someone immediately. They would need masks and
training.
. Councilmember Kedrowski asked if the zoning officer appeal fee was if someone
filed an appeal to the Council.
. Planning Director Rye said that it was for the approval or denial of the Planning
Commission, and that the appeal was a different step.
. Mayor Andren said it should come off if there is a due process problem.
. Councilmember Kedrowski asked about the zoning letter.
. Planning Director Rye said that was to recover costs.
. Councilmember Kedrowski asked why home occupancy permit cost was lowered.
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· Finance Director Teschner said it would be similar to a variance, to recover
administrative costs. He said if it is only at the staff level, it would be less work,
and there should be less charged.
· Planning Director Rye said the zoning officer appeal should remain in. In this
case, if a staff renders a decision and it is appealed, this fee should be charged.
· Mayor Andren said she would entertain a motion to approve the 1997 Fee
Schedule except the burning permits, fire calls, and carbon monoxide calls.
MOTION SCHENCK SECOND KEDROWSKI TO APPROVE THE 1997 FEE
SCHEDULE EXCEPT BURNING PERMITS, FIRE CALLS, CARBON MONOXIDE
ALARM.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
D) Consider Approval of Ordinance 97-04 Amending the
Subdivision Ordinance and City Code Pertaining to the Effect
of Subdivision Approval on Final Plats with Undeveloped Lots.
. City Manager Boyles introduced the item. He said there was a difference in
interpretations of subdivision plats, and whether plats remained standing after
a certain period.
. The Mayor recognized Dave Brown of 1227 Pioneer Lane Shakopee. He said he
owns North Shore Oaks preliminary plat. He said he likes the ordinance.
MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE ORDINANCE
97 -04 AMENDING THE SUBDIVISION ORDINANCE AND CITY CODE
PERTAINING TO THE EFFECT OF SUBDIVISION APPROVAL ON FINAL
PLATS WITH UNDEVELOPED LOTS.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
E) Consider Approval of Appointments and Bylaw Revisions for
1997.
MOTION KEDROWSKI SECOND ANDREN TO NOMINATE COUNCILMEMBER
SCHENCK AS ACTING MAYOR FOR 1997.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
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MOTION KEDROWSKI, SECOND SCHENCK TO NOMINATE THE PRIOR LAKE
AMERICAN AS THE OFFICIAL NEWSPAPER OF THE CITY OF PRIOR LAKE
FOR 1997.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
MOTION KEDROWSKI, SECOND SCHENCK TO NOMINATE PRIOR LAKE CITY
BANK AS THE OFFICIAL BANK OF THE CITY OF PRIOR LAKE FOR 1997.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
MOTION KEDROWSKI SECOND SCHENCK TO NOMINATE THE CITY
COUNCIL AS THE EQUALIZATION COMMITTEE FOR 1997.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO NOMINATE PARK
NICOLLET AS THE OFFICIAL HEALTH OFFICER OF THE CITY OF PRIOR
LAKE.
Upon a vote, ayes by Andren, Kedrowski, and Schenck, the motion carried.
. Items 5 (Fire Chief and Assistant Fire Chief), 6 (Auditing Firm), and 8 (Civil
Defense Director) of the Agenda report required no action.
MOTION KEDROWSKI SECOND SCHENCK TO APPOINT BOB MCCALLISTER
AS THE ANIMAL CONTROL OFFICER FOR 1997.
Upon a vote, ayes Andren, Kedrowski, and Schenck, the motion carried.
9) Other Business
. Councilmember Schenck discussed his visit with Senator Wellstone, and the
discussions on the Tobacco Ordinance, compliance checks, etc.
. Mayor Andren said that she and Councilmember Greenfield revised the
performance evaluation form for the City Manager. It is more concise, and there
are two levels added. If there was dissatisfaction or much satisfaction about the
manager's performance, there should be comments. Evaluations should be
turned in by January 25th to the City Manager.
. Mayor Andren said item 4C, required a four fifths vote and she was seeking a
motion to approve.
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MOTION BY SCHENCK SECOND BY KEDROWSKI TO RECONSIDER AGENDA
ITEM 4C, CONSIDER APPROVAL OF ORDINANCE 97-01 AMENDING THE
ZONING ORDINANCE AND CITY CODE AS IT PERTAINS TO THE
TREATMENT OF COMMUNICATIONS ANTENNAES AND EQUIPMENT
BUILDINGS.
Upon a vote, ayes Andren, Greenfield, Kedrowkski, and Schecnk, the motion
carried.
. City Manager Boyles went over the changes in the City Council, Planning
Commission, Lake Advisory Committee, and Parks Advisory Committee Bylaws.
. The Planning Commission, Lake Advisory Committee, and Parks Advisory
Committee were amended as recommended to reflect two year terms instead of
one. A change in the Planning Commission reflects a 7:00 p.m. start instead of
7:30.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE PLANNING
COMMISSION, PARKS ADVISORY COMMITTEE, AND LAKE ADVISORY
COMMITIEE BYLAWS AS AMENDED.
Upon a vote, ayes by Andren, Greenfield, Kedrowski, and Schenck, the motion
carried.
. City Manager Boyles said that City Attorney Pace had done a great deal of work
on the City Council bylaws. He went over the changes.
. Councilmember Kedrowski asked about page 23, conflict of interest, etc. He
asked City Attorney Pace about gifts and favors, campaign donations, what was
legal or not.
. City Attorney Pace said there is state statutes governing campaign funds. She
said these are bylaws governing Council conduct. The League says do not accept
donations period, some of these rulings are out of the ethics committee.
. Mayor Andren said that taking nothing is the best philosophy, to avoid a
problem.
MOTION BY ANDREN, SECOND BY GREENFIELD TO ADOPT THE CITY
COUNCIL BYLAWS AS AMENDED.
Upon a vote, ayes Andren, Greenfield, Kedrowski, and Schenck, the motion carried.
The meeting was adjourned by general consent at 8:55 p.m..
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Recording Secretary
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