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HomeMy WebLinkAbout7A - Council Minutes Correction AGENDA #: PREPARED BY: SUBJECT: MINUTES DATE: BACKGROUND: DISCUSSION: ISSUES: STAFF AGENDA REPORT 7A ~\ FRANK BOYLES, CITY MANAGER"" CONSIDER CORRECTION OF FE ARY 7, 1994 CITY COUNCIL MARCH 21, 1994 John Fitzgerald has sent the attached March 3 letter which indicates that he believes the minutes from the February 7 meeting are inaccurate with regard to the withdrawal of the Echos Addition plat. Mr. Fitzgerald is requesting that the minutes be corrected. On February 7, 1994 the City Council was scheduled to consider the final plat of the Echos Addition. Because of a temporary injunction action by the Prindles, the Council intended to defer action on this item. John Andren, the petitioner, appeared at the meeting and through a prepared statement withdrew the plat. At the first meeting in March the Council approved the minutes which reflect withdrawal of the final plat only. On March 3 I received the attached letter from John Fitzgerald which indicates that the tape of the meeting shows that Mr. Andren withdrew both the final and the preliminary plat. Attached is a transcription of the tape which confirms this fact. On March 16 I received the attached letter from John Cairns, the Andren's attorney. Mr. Cairns indicates that the intent was to withdraw the final plat only. As a practical matter the City Code provides for only one means of withdrawing a preliminary plat that I am aware of. That would occur only if the petitioner fails to take action to receive final plat approval within one year of the preliminary plat approval, or fails to request an extension of up to one year. The February 7 minutes should reflect what took place. However, it is equally important that the March 21 minutes reflect the clarification of the intent from the Andren's attorney. To assist the future reader, it would be appropriate for the minutes to reference one another. -1- 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y EMPLOYER T r .. ,. AGEN7A ALTERNATIVES: Council has the following alternatives: 1. Take no action to revise the February 7 minutes. 2. Revise the February 7 minutes to reflect the actions at that meeting and have the March 21 minutes reflect the letter of clarification from the petitioner's attorney. The minutes should reference one another. RECOMMENDATION: Alternative #2 is recommended. ACTION REQUIRED: Motion and a second to amend the February 7 minutes as set forth in Alternate 2 above. AGEN7A.WRT -2- . .-"..,._.'''1, ,- .-' T r .." -. \' 0" Frank Boyles, City Manager CITY OF PRIOR LAKE 4629 - Dakota Street SE Prior Lake, MN 55372 ~ ~~ ~ I ~~~ ~~ 3)l(l YQItcJ ~ (' ~ -: ~~.\.,ll:'" March 3, 1994 Dear Frank, _Scott _Kedrowski _Schenck _Greenfield _Andrens It has taken me a few days since we spoke last week to sort this AndrenlEchos issue out in my mind. One of the things that convinced me to support your selection as manager when I was on the council was that you appeared to have enough ability and moxie to stand up to Lee Andren when needed. Now, I worry that no one at city hall, including the other council members, is up to the challenge. The weak mayor form of government Prior Lake operates under appears to have recently changed before our very eyes, but without the benefit of discussion. Elements of the Echos subdivision by the Andrens may stand as a good example of how too many people appear to be practicing appeasement as it relates to Andren. As we all know, appeasement ultimately does not work. The Andren subdivision was approved on a three/one vote on what I remember to be its first appearance at the council level. Although the Andrens spoke of the long and arduous process they had been through to that point, the reality is that the council was absolutely expected to approve the plat that evening. I remember the pressure being intense from the Andrens and their supporters in the audience. I can only imagine the pressure you and the rest of staff must have felt beforehand. In spite of serious questions raised by some neighbors relative to future access to their properties, the plat was indeed approved. I marvel at how the standards of connecting neighborhoods and creating uniform and consistent subdivisions did not enjoy their normal run of discussion that evening. One was left to feel that questioning any element of the Echos was almost sacrilegious. I still cannot believe that the Echos plat would have ever been approved, indeed may have never gotten to the point of council discussion in its approved form, if Lee Andren had been sitting on the mayoral side of the table. Not long after that meeting, you forwarded copies of correspondence from the objecting neighbor's attorney (his client - Prindle), and then from Andren's attorney. Both suggested legal action and the potential for loss if their position did not prevail. A rather unpleasant prospect for the City to find itself in. A choice of either being sued by the mayor or her relatives. , .. As my reaction to the letters from the attorneys, I prepared and hand delivered to Lee Andren at the next council meeting a letter asking that she, as the mayor, put the interests of the City of Prior Lake first and withdraw the plat until such time as the Prindle matter was resolved. Upon retiring from the council, I paid my fifty bucks for the minutes and agendas in order to keep abreast of matters, and most specifically, this issue. On February 7, 1994, I called you to inquire as to the status of the Andren final plat hearing scheduled that night. You told me that there had been a temporary restraining order handed down by the court and you did not anticipate any action. The next day, I called you again to verify the outcome of the meeting. You told me John Andren had appeared and that he had withdrawn the plat. I asked you what that meant, and you said your interpretation was that the process would have to begin again with a new application. I was very content with that report since starting anew would provide an opportunity to bring some of the original issues out for a full airing if the Andrens ever cared to proceed again. Lo' and behold, I opened my February 7th. minutes on February 22, 1994, and found they reflected a request by Andren to only withdraw his request for "Final Plat consideration". This, of course, sent me to listen to the tape of that evening. Sorry Frank, but the record is clear that John Andren withdrew the entire plat that evening. In fact, he responded yes to Acting Mayor Scott's question as to whether the preliminary plat was also being withdrawn. She even said "it's too bad it had to turn out this way". That's pretty clear to me. In fact, since the courts had taken away the final plat consideration for that evening, the only item Andren could withdraw was the entire plat. Why you changed your opinion and why the record does not properly reflect the meetings activities are among the little mysteries of life, aren't they? My hunch is that the pressure was on high at that point and probably has been ever since. What needs to be done is clear. A revised set of minutes correctly reflecting the abandonment of the Echos plat of February 7, 1994, must be drawn and acted upon at a meeting this month. After a great deal of thought and respect for the seat I held for eight years, I have first come to you and the other members of the council in an effort to resolve this matter. If the request in this letter or some equivalent is honored, this issue will go away, and as far as I am concerned we all can get back to more pro ctive activities. f ~ Prior Lake City Council Minutes February 7. 1994 Item #78 - Consider Approval of Resolution 94-08 Approving the Final Plat for the Echos First Addition. - Applicant John Andren addressed the Council and requested that his request for Final Plat consideration of the Echos First Addition be withdrawn due to the Injunction brought by the Prindle family resulting in a loss of the applicant's property rights. A short recess was called. The meeting was reconvened at:7:45 p.m. 6. PUBLIC HEARINGS: 7:45 P.M. A. Conduct Public Hearing to Consider an Administrative land Division and Variance Application for Brad and 11na King. Acting Mayor Scott called the public hearing to order and read the public notice which had been mailed to all affected property owners. A letter from Mr. and Mrs. Rollie Thuling opposing the land division and variance was entered into the record. City Manager Boyles noted that staff is recommending denial of the land division and referred to the arguments on page 4 of the staff report. Planning Intern Mitchell presented an overhead depicting the property and location of the proposed land division. Ms. Mitchell reviewed the history of the plat and discussed several aspects of the property including lack of access to CR 21, Shoreland Management requirements, and past decisions of Council on similar property. Planning Director Graser discussed the City Council's position on substandard lots of record. Applicants. Brad King and 11na King. 4070 Wagon Bridge Circle, addressed the Council with regard to their request. Wayne Dyson. 4090 Wagon Bridge Circle. representing the Grainwood Circle Townhomes Association. spoke in opposition to the granting of a variance. Ted Martini. owner of the two properties at 15840 and 15850 Eagle Creek Avenue NE. spoke in support of staff recommendations and urged Council to consider a master plan for the whole Grainwood peninsula. Diane Sentrez, president of Prior lake Marina and owner of lots 11. 14. 15 and 18 spoke in opposition to the lot split. Acting Mayor Scott asked if there were anymore comments. There being none, the public hearing was closed to further public input. Council discussion occurred with regard to staff's recommendations and the King's comments. MOTION BY ANDREN, SECONDED BY GREENFIELD TO DENY THE ADMINISTRATIVE LAND. DIVISION AND VARIANCE APPLICATION OF BRAD AND TINA KING BASED ON STAFF'S THREE POINTS OF RECOMMENDATION AS FOLLOWS: 1. The variances and lot split do not observe the spirit and Intent of the Subdivision and Zoning Ordinances and are Inconsistent with precedent. The proposed tracts contain Insufficient area and -2- . .~._~., "..,.._.,.._~ "~."_"w_~._....~ '""~'"''"'_~-''''__''~__'''''''~_"~""''_'_~'''--'''~_''''''''''''''''''''' ,... ~ John Andren made the following comments: "My family and I are deeply disappointed by the actions of our so called relatives on the adjoining property. Their actions appear to have greed as their only motivation. What they are trying to do is to force us to pay for a street and they will probably double or triple their selling price with nothing but devastation to the value of our property in return. Whether their decision to go court in order to block the approval of our plan is based on this motive or not, the net result is this: my family is being deprived of its property rights and its right to improve property which has been in our family for many years by people who believe we should forfeit our rights unless we pay for a project which benefits only them personally. This is not fair. So, therefore, the Andren family formally requests that the City remove the Echos addition from consideration. I am very sorry that our so called relatives have chosen to question the wisdom of the Council and put them in the middle of this dispute which appears to be motivated by their greedy attempt to raise their real estate value at our expense. Thanks." Carol Scott: - "John, are you withdrawing the preliminary plat and everything"? John Andren: "Ves" Carol Scott: - "Thanks, John, I am sorry it worked out that way. end of discussion. VERBAT.wRT ,. ... LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2400 IDS CENTER MINNEAPOLIS, MINNESOTA 1515402 TELEPHONE (6121 334.6400 FACSIMILE ~12' 334-86150 WRITER'S DIRECT DIAL NUMBER SAINT PAUL OFFICE 2aoo FlBST NATIONAL BANI[ BUILDING SAINT PAUL, MINNESOTA lllHOI TELEPHONE (6lal 223-6600 PACSIKILE (6121 aaD-64(\() (612) 334-8532 March 14, 1994 Frank Boyles, City Manager City of Prior Lake 4629 Dakota Street Prior Lake MN 55372 Dear Frank: Our clients, Lee and John Andren, asked us to review the status of their application for approval of the Echos Plat. In so doing, I have discussed the matter with the Andrens and have had continuing discussions with your city attorney, Steve Rathke. Inasmuch as there was a temporary injunction in place regarding approval of the final plat (the preliminary plat having earlier been approved), we conclude that only the final plat was before the council on February 7 - and the Court order prohibited the Council from taking any action. Comments by Mr. Andren were intended to acknowledge the existence of the injunction. As a consequence, he agreed that approval of the final plat had to be withdrawn pending further court order. Notwithstanding the somewhat confusing series of comments among Mr. Andren and members of the Council, the end all is that the preliminary plat stands as earlier approved and the final plat is to be considered at such time as the Court has concluded its consideration of the injunctive relief sought by the Prindles. At such time as the Court has issued an order, the Andrens intend to submit the final plat for approval in due course. _u X;~Y~:J /c{l. ~:'/"/ John A. Cairns L JAC/bk cc: John and Lee Andren Stephen C. Rathke, Esq. 883741 f ..