HomeMy WebLinkAbout07 19 19821
MINUTES
of the Proceedings of the City Council of the City of Prior Lake in the County of '
Scott and State of Minnesota, including all accounts audited by said Council.
July 19, 1982
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The Common Council of the City of Prior Lake met in regular session on
Monday, July 19, 1982 at 7 :30 PM in the "Council Chambers. Mayor Stock
called the meeting to order. Present were Mayor Stock,' Councilmen Busse,_ i
Watkins, Thorkelson, Schweich, City Manager McGuire, City Planner Graser,:
City Engineer Anderson, Parks 8 Recreation Director Mangan and City
Attorney Sullivan.
The minutes of July 12, 1982 were reviewed.
MINUTES
Motion by Watkins to approve the minutes of July 12, 1982 as presented,
seconded by Busse and upon a vote taken it was duly passed. I
BINGO PARLOR
The next item on the agenda was to consider Resolution 82 -11, A Resolution
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Expressing Concern of the Mdewakanton - Sioux Bingo Parlor, Resolution 82 -12,
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A Resolution Requesting a Metropolitan Significance Review for the Proposed
Bingo Parlor on the Mdewakanton Sioux Community Indian Reservation and a-
letter from Mayor Stock regarding the Bingo Parlor, Mayor Stock asked City
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Manager McGuir "e to review these items.
City Manager McGuire stated that he revi'ewed the concerns from the last•
meeting that were expressed by the residents and Council, which were then
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put into resolution form. He then reviewed the two resolutions.
Mayor Stock asked if there was anyone in the audience that would like to make
.,any comments relative the Bingo Parlor.
Mr.,Steve:Whi,iden stated that for,the last 5, years he has been General Counsel
to the Seminole Tribe in Florida. The tribe pioneered this particular form
of economic development with respect to the Indian tribes. It was recently
concluded; taking it all the way.,,to the Supreme Court, the Supreme Court
ruling in their favor on March 14, 1982. Since that time they have been
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asked to, consult with other tribes who have been simi affected by budget
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cuts and ,are looking fcr alternate "was to
y_ generate the kinds of. "revenue they
need'to carryout programs. He further stated that the reason for his
presence this evening was to let the Council know, how the relations are
handled between the tribe and the local government.
Mayor Stock asked how the Water and Sewer was handled.
Mr WhiIdery stated that.there'was City Water and Sewer at the Florida' "s
Reservation,, the proposed type for the Mdewakanton Reservation would consist
of a holdi tank and, to draw water from the existing wel),
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Councilman'.Thorkelson stated that the Reservation in Florida was developed'
i.n antiurban area, whereas, the Mdewakanton Reservation -is in a rural setting,
"where alot,of conflicts between the Ag land surrounding the,Reservatioh and
the high useage Bingo Parlor may result, how does Mr Whi-iden 'ratlonal.ize any
compafabIIIty'between the land
MG' Wh i 1 den stated that "Ho I I ywood" Is an exception In that since, when the
government created these reservations-,;they did not 'put them downtown; The
idea of reservation was to -get the indians as far away from "everybody
else as possible, so most tribes unfortunately are in rural areas.
Councilman Watkins stated that a very large building is being discussed, with
the public safety being the ma in concern, would the water supply be able to
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;handle some type of sprinkler system.'
Mr. Whilden stated that the," Hollywood "`Reservation was °bull "t to code.„ What
would be proposed to do for the Mdewakanton Reservation, the City would be
allowed to inspect as a courtesy to assure themselves.
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Councilman Busse was also .concerned about the water system.
�Mr. Whilden stated that he felt that it would be adequate but, they would be..'
running tests within the next few weeks.
Mayor Stock asked in this proposed development, will it a,11 be.developed on I
the reservation or will some of the parking facilities be off reservation- i
land.
MINUTES of the Proceedings of the City Council of the City of Prior Lake in the County of
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Scott and Sta of Minnesota, incl "tiding al accounts audited by said Council.
a Mr. Whilden stated that it will be entirely on the reservation: He further
stated that today he had checked on the site Lines and that anyone who
is not already li=ving on the reservation would not be ab a to see the
facility.
Mayor Stock then asked if Mr. Whilden was aware of the Metropolitan Council
that we have in Minnesota which covers the 7 County Metropolitan Area, their
w field of expertise and requirements.
Mr Wn ilden,stated that he did not know of them.
Councilman Watkins asked who was the responsible authority "'representing
the reservation as far as the final development.
Mr. Wh'i, =lden stated that the responsible authority is the Tribal Council, the
Chairman of the Council being Norman Crooks.
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Counci`Iman Schweich stated that he agreed with the rest of the Council and
that before anything else is done, agreements or contracts should be discussed
and signed between the Council and the Indian Reservation.
Mayor Stock then requested that Resolution 82 -12 be adopted by the Council
and asked the Council what their views were. =1
Councilman Thorkelson stated that he agreed with Mayor Stock and that a group
meet with the representatives from the Indian Reservation so that we a 1. 1, can { ='
sit down and discuss our concerns. He further stated that he_fe.It our _
Police Chief:'rontact the "Hollywood's" Police Chidf and ourd ity Manager contact
their "City Manager and find out what kind of problems and relationships have
r deve I op'ed there.
Councilman Busse agreed with Councilman Thorkelson's comments.
U Councilman Schweich felt that the,City should make some kind of decision on fihe basis
` of the review committee's , f i nd i ngs
Councilman Busse stated that the road going out to the reservation was a
County Road.
f Mayor Stock stated that -a copy of the Resolution also be sent to Scott County.
Councilman Watkins stated that the public safety policy be clearly understood
6y,-both the possible development and that our staff is aware of,the responsibility
and liability.
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Councliman Thorkelson asked that City Attorney Sullivan look into, if.the City °
did any of these things that were suggested, for example if we agree to inspect
the building without having any authority to make changes and require,changes,
maybe 'we would be creating a bigger problem.
Mayor Stock asked that on Resolution 82 -12_on the third WHEREAS, the word` "will"
be changed to "may".
�KADOPT RESOL. Mot ion by Watkins to -adopt Resolution 82 -12, A Resolution Requesting a'Metro
i. 82 - poiitan Signifance Review for the Proposed Bingo Parlor on the Mdewakanton
Sioux Community Indian Reservation, as amended, seconded by Thorkelson and upon a
vote taken it was duly passed. ;-
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{ ;t Mayor Stock then directed City Manager McGuire to send a 9 y copy of this Resolution
to the Chairman of the Scott County Board of Commissioners, to the City of Shakopee
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Florida, then"report back to the Council his findings
The next item on the agenda was the reappointments for two Planning
Commissioners for the 1982 -84 term. The persons that are up for reappointment g
are John Fitzgerald and Mike helix.
JOHN FITZ. Motion by Busse to reappoint John Fitzgerald to the Planning Commission for the
PLANOUG 1982 -84 term, seconded by Thorkelson and upon a vote taken it was duly ,passed.
6X14ISSLO
;1IKE FEL'IX Motion by Watkins to reappoint `Mike Felix to the Planning Commission for the
PLANANG 1982 -84 term, by Schweich and upon a vote taken it was duly passed.
C0I44ISSION
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MINUTES of the Proceedings of the City Council of the City of Prior Lake in the-,County of
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Scott and State of Minnesota, including all accounts audited by said Council.
PUB#,. BARING
Mayor Stock then called the Public Nearing to order for the Jim Berg
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Road Vacation, the published notice was read.
JI��9 ` ROAD
VACATION
City Planner eraser reviewed the area in question. He stated that the
petitioner was Jim Berg, ;a proposed 'Road _Vacation in;the Plat of Shady
Beach., The applicant is proposing to vacate a strip of publicly dedicated
roadway. The roaC1 s currently unimproved, it is currently used,by
recreation vehicles. in the winter. Mr. Berg is the property owner
adjacent of the 'east. The property owner to the west would,be
to the entire 33 feet. Two years ago the Council adopted_ a Resolution.
He then read the resolution. He continued stating in I i ght of the resolution
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and policy statement now in effect by the City Council,,_it would. only be
in accordance that Staff recommends this, petition be denied.
Mayor Stock asked that City Planner Eraser refer to the map and point out the
area in question. He then asked if Mr. Berg was present and if he would like
to make,any comments.
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Mr. ,Berg- was.preoent and did have comments. for the Cpyncil., He asked If it
was p o s s i b l e for an extension, or come back with this vacation, in 60. -90 days,
because of 3 reasons. 1) He wanted the time to gain,Staff.support,.. 2) Would
bike it very clearly laid out that the, Sportmens Club in fact have both
access at Sand.P,ointe for winter and summer, access with proper parking. 3)
Neighborhood would support this particular request.
Mayor Stock stated that he had a. letter from Frank Anderson, dated
July 2, '1982 stating that he was opposed to the vacating of the roadway.
Mayon Stock then read the letter.,
Mayor Stock asked if there was anyone in the audience that would like to make .
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an;y comments, regard i ng the., vacati ng of the roadway.
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There were many comments from concerned residents, both for and against the
vacating.
One resident asked Parks_ Recreation Director,Mangan, when,i, Sand Pointe
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Beach going to be improved, is it going to have winter access and'parking'and
is it going to be p I owed..
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Parks 8., Recreation -Director. Mangan stated that Sand Pointe Beach.wil1 continue
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to exist as .a winterfi sh house access until such time as the'ONR does develop
the access on the property that was acquired., He forsees,Sand Pointe Beach
remaining open until that is open. Snow removal was a problem last year, it
was tough getting to it because of the amount of snow:we. had last year.
Mayor Stock stated that the issue tonight was to decide whether.or not the
road is going to be vacated, and if it is, then how the Ci is going to 'handle
it. If the City does vacate the ,roadway., ,then the ,question, is ,what is going
to be our gu,idel.ine.s in developing it so that the public nuisance is hop'e-
full removed or decreased from what it is today. ;
Mayor Stock ten asked the Council for their comments,. he.stated, -that there
are 3 or 4 alternatives that the Council could consider. 1') Request before
the. Counc i I . to vacate the..roadway,, which would be .stating .that, the ;City has
no interest in the property and, that it is not being used for publ, c purposes.
2) Special Legislation passed in 197,3, relative to such roadways that went
to-,the, lakq that gave the City,the authority to declare it as, surplus property
sell it off to abutting property owners if interested. Those moneys would
then be used for the purpose of,developing other accesses to the -lake. 3)
Continue the "Public Hearing, for the purpose to permit " Berg and neighbors
to develop a comprehensive plan for the use of the property., 4); To be
,:verified by City Attorney Sullivan, if the City does . go ahead with the vacation
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.as requested,,who becomes the title holder of the. property and then does the
City Name any control over this once we have a„ resolution to vacate,the
ro e rt
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City Attorney Sullivan :stated that he,would have to see the abstract to tell
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w ho would receive the title, but the City would have no control over the
property if it was vacated.
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MINUTES of
the Proceedings of the City Council of the City of Prior take in the County of
Scott and State of Minnesota, including all accounts audited by said Council.
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Mayor Stock then asked for Council discussion.
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Councilman Schweich stated that there is public use of the property and that 1
he would go along with the policy from 2 years ago.
Councilman 'Watkins stated that on the prat it is designated as a public road-
way, so the City would have control of it. He further stated that it is the
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obligation of the City to control and limit the volume of use.
Councilman Busse stated that he would have to agree with Councilman Schweich,
that there is public interest in the property.
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Councilman Thorkelson stated that he was opposed to vacating the property,
but there should be some control of the use. Some kind of a.group should be
formed either by Staff or through the neighborhood to suggest what kind of
uses this property is appropriate for.
Mayor Stock then stated that the City did appoint a committee which is called
the "Lake Access Search Committee ", which was for the purpose of finding other
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accesses to Prior Lake and its primary goal was to help reduce the impact of
the current accesses that are on Prior take and also look over Spring Lake. He
_further stated that the access should be a controlled access and that its uses
should"be of that nature. He then asked Parks & Recreation Directo 'r 'Mangan to
respond to the status of the lake Access Search Committee. ,
Parks W& Recreation Director Mangan stated that any of his comments had to be
viewed as only one member of the committee. The access search committee will
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be coming before the Council next Monday night with recommendations as to
future public accesses. As far as 'the committee goes, the 33 foot access that is
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be-ing discussed tonight could not even be considered as ,a public access -for 3
reasons. 1) Relative narrowhess, you could not establish a turnaround area. 2)
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It's in a highly residential area. 3) There is no off - street parking provided.
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Councilman Watkins asked it the property could be sold, the funds in which could
be used to develop lake accesses elsewhere.
City .Attorney Sullivan stated yes that could be done.
Mayor Stock recommended to the Council that the Public Hearing be continued in 2
weeks for the'purpose of, permitti R9 Staff, Mr. Berg, Mr. Smith and the president
of the Prior Lake Sportsmens Club +6 develop a set of guidelines of which the
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property can be used, also that Staff set up a. plan for the pun ose of
p .protecting
the neighborhood from any nuisance ,!hat may arise from the access to the lake.
CONTINUE
Motion by Watkins to continue the pu�llic hearing to August 2, 1'982 at 8: 00 PM ,
- PUBLIC HEAR
for the purpose that Mayor Stock had'�mentioned, seconded by Thorkelson and upon
AUGUST 2nd
a vote taken it was duly passed.
Councilman Thorkelson suggested that the,neighborhood form an association and if.,
the City agreed to sell the property tc` the association then they,wouId have an
ongoing right to use the access.
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Mayor Stuck called a recess.
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iFIL
The next item on the agenda was reviewing the Draft Copy of the Filling Ordinance.
City Engineer Anderson reviewed the ordinance.
There were many recommended changes and ccmments by Council and Staff.'
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Mayor Stock directed City Engineer Anderson to submit the ordinance'to legal
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counsel- for final draft and then "submit it o the Council at a future meeting for
adoption as amended. ,
Mayor Stock a`,Iso directed Staff to bring to glib same meeting for Council's review
the existing Filling Ordinance with the recomMendatlons and improvements.
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i OISEASEU
STREET POLICY
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The next item on the agenda was to consider adopting a policy on Diseased Tree
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Removal. Parks & Recreation Director Mangan reviewed the proposed policy.
Council had `comments regarding the policy.
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MINUTES of
the Proceedings of the City Council of the City'bf Prior Lake in the County of
Scott
and State of Minnesota, including all accounts audited by said Council.
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PRE' .:_ '+EW POLICY
Motion by Watkins to authorize Staff to work with the City Attorney's Office
FOB ISEASED
on preparing an ordinance that would be applicable to the removal of
,BEES
hazardous trees and the right to assess the cost of that removal, and that
they also prepare an ordinance to repeal our current diseased tree ordinance,
seconded by Thorkelson and upon a vote taken it was duly passed.
MOHTNLY REPORTS
The monthly reports were the next item on the agenda.
`> POLICE REPORT
Motion by Waktins to approve the Police Report for the month of June as"
APPROVED
presented, seconded by Busse and upon a vote taken i t was duly passed.
FIRE & RESCUE
Motion by Thorkelson to approve the Fire $ Rescue Report for the month of
APPROVED
June as presented, seconded by Watkins and upon a vote taken it was duly
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passed.
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Mayor Stock stated that he wanted to make an accomadation to the Fire b Rescue
Department primarly to the Fire Department, for the fine job they did on
saving a barn and the hay at a fire last week.
Councilman Watkins also wanted to compliment the Rescue Squad for the efforts
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give to maintain the life of a young girl until reaching the hospital. She
was in a fatal car accident last week.
Mayor Stock requested that City Manager McGuire pass on to the Fire Chief
the appreciation of their services.
:dUILUING PERFIIT
Motion by ;Watkins to approve the, Building Permit Report for the month of
APPROVED
June as presented, seconded by Thorkelson and upon a vote taken it was duly
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passed_
s OOG CATCHERS
Motion by Busse to approve the Dog Catchers Report for the month of June as
APPROVED
presented, by Stock and upon a vote taken it was duly passed.
TAX FORFEITURE
Mayor Stock requested City Manager McGuire to review the request for the
LAHO,
approval of Tax Forfeiture Land,
City Manager McGuire stated that this was a request from Scott County. There
are 3 parcels of land, "the West 8' of Butternut Beach, the East 20" of Prior
Wood and Lot 50 & E} of Lot 51 Boudins they are Tax Forfeiture parcels
and the request: is to authorize that these be- up for public sale.
AUTNORIZIATIOil
Motion by Watkins to authorize the 3 parcels as described be put up for public
J +� TAX - FORFEITURE
sale, seconded by Busse and upon a vote taken it was duly passed.
AND
Motion by Watkins to adjourn, seconded by Busse and upon a vote taken this `
ADJOURN
meeting was adjourned at 9 :46 PM.
Michael A. McGuire
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City Manager
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