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HomeMy WebLinkAbout02 06 1984MINUTES 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 Sdid Council, February 6, 1984 The Common Council of'the City of Prior Lake met in regular session on Monday, February 6,, 1984 at 7:30 PM in the City Council Chambers. Mayor Johnson called si! the meeting to order. Present were Mayor Johnson, Councilmembers Busse, Schweich, Scott, City Managi'r McGuire, City Planner Graser, Parks & Recreation Director Mangan, Police Chief Powell, finance Director Teschner and City Attorney Kessel. Councilmember Thorkelson was absent. ' Ma Johnson asked ever to lease _rise for the ledge of allegiance. y y p p The minutes of the meeting on January 23, 1984 were reviewed. Tho" following corrections are to be made to the minutes of January 23, 1984. Page l Paragraph 7 INSERT to it was the consensus of the people present to go through u with alternative i5. Page l Paragraph 16 INSERT wait to if the City was to wait'to receive a grant Page 4 Paragraph I SPELLING wear Motion by Busse to approve the minutes of Jan:aky 23, 1984 as amended and to approve the list of invoices scheduled for payment on Tuesday,, February 7, 1984 as subm#tted, l=Aw & Invoices seconded by Scott and upon a vote taken it was duly passed. The next item on the agenda was to consider the Conditional Use Permit request from North American Communications. j Councilmember Schweich excused himself from his Council position for,this item. City Planner Graser reviewed this for the Council. He stated that North American Communications is proposing to constructa 125 foot receiving tower, a 12, x 20' building to house the equipment and two 15.5 foot earth station dishes, requiring a conditional use permit and -a 90' height variance. He commented on the location ; of this and then reported on the Planning Commission hearing held on this item with their recommendations. He stated that they approved this request subject to :. the .following: 1)Staff's recommendation regarding a planting program. .. ° '2)The natural surroundings be left undisturbed. 3)Proper security lighting near the building and on top of the antenna.. 4)All anchors be fenced in.- 5)The parcel not be subdivided while under•the ownership of North American Communications Systems, Inc. 'He commented on the each of thecontingencies He closed with saying that it would be staff's recommendation to approve the request since the facility'will act as a•good transition between commercial and residential and would not be r :detrimental to the general health and welfare of the community. Mr. Tom Herdt commented. 9 There was general discussion by Council and staff. Councilmember Busse commented on the entrance off of Highway 13.; He asked that r they look into eliminating it. ` There was further discussion regarding a different entrance to the maintenance building.- R" Mayor Johnson asked if it would be acceptable if we said that we go ahead and'. contact Morlock /Erickson to see if they would give them the easement at this point and then as a stipulation if the easement can be obtained, to go ahead with „l the road. If'not put off the road until which time the easement could be.obtained. Mayor 'Johnson directed City .Planner Gra.serc to�.contAct' Morlock /Erickson regarding 1,j the easement. Jy Mayor Johnson then commented on the fencing around the anchors of the tower. t City Planner Graser stated that if a fence taller than 6 feet were to be installed, they would have to go before the Planning Commission for another variance. There..was fu;fther. discussion on this, rt Page 1 MINUTES of the Proceedins of the City Council of the City of Phior`Lake in the County of Scott and State of Minnesota, including all accounts aduited`by said Council. City Planner Graser stated that it would,,be best to leave it up to North American Communications. Mayor Johnson stated that we should state that as a`consderation then in the motion. Cundtiaoal Motion by Scott to approve the Conditional Use Permit and Variance requested Use Rruit - by North American Commw iicat l ions, Inc. on the property specified by them for ,North A W1 the location of the toner with the stipulation that the access road from 00NiLadca ' Franklin Trail be,, Investigated and if possible to have the easement granted r to have the road 4installed.as part of the original construction, and that the 5 contingencies that the,Planning Commission placed on, seconded by Busse. Councilmember Busse'stated that if we were to receive the easements for that road, it could be the same type of road. They would not have to improve it at this point. With no other comments or questions, Mayor.aohnson called the question on the motion and upon a, vote taken it was duly passed. i Councilmember .Schweich returned'to the Council at this time. The next item on the agenda was'`to io view the Liquor Committee's recommendatior ,�, for.Freddies on the Lake. City Manager McGuire reviewed' this for the e4n He read a letter' that he received from Mrs. 0o Pehrson. He stated that it was the consensus of the Committee that Mrs. Pehrson was surrendering the license, the Co ommittee made the following motion: ' "Motion to recommend to`the City Council to accept 3o Pehrson's On -Sale Liquor License surrender - effective 1 :00 AM on February 7, 1984,: He further stated that there has not been another; application to reply% ce 'the license. If this is accepted by the Council as recommended by the Committee,, a. until a new application is made and a new individual is approved, there would be no liquor sales at Freddies on the Lake. Mayor Oohnson asked if there were an other y questions or comments. City Attorney Kessel stated he had reported to _..the Liquor Committee, that he been in contact with the Attorney of F:reddies'on the Lake; he had called me -. (City Attorney Kessel) and we had'a couple of conversations. I strongly urged j him that he have his client and himself appear -at the meeting tonight and also ' to have Jo" Pehrson appear to review precisely what,her position was in, respect to the letter. The attorney stated that he would contact, Fred Schweich and , tell him to contact 0o Prhrson and they would both be at the Committee:meetc Ing. The Committee waited just until the Council Meeting to see whether the two parties would ;appear and neither party appeared. The Committee was faced ' with just the letter itself and he thought the letter had to, be interperted as a surrender of the li.cenre and not a request of transfer. The language isn'L totally clear, but thought that she is- surrendering the 1lcens' and no longer wishes it to be in her name. \\ Mr. Fred Schweich appeared before the Council at this time. a Mayor Johnson told Mr, \ Schweich that the, Council was considering he recommendf ation of the Liquor C' ;mittee. 9 ` 1 j` Mr. Schweich commented. ` City Atto"ey Kessel repeated his comments about his conversation with Mr. In. Sch s attorne y and the other comments that were made at the Committee meet a \` There ` i as further, discussion by Council, Staff and Mr. Schweich. �, ! Mayor Uohnson asked if it was true, Mr. Schweich could'not sell any liquor at Freddies on the Lake as of Tuesday, February 7,1984 at 1:00 AM, until such time asa new license was applied for and approved by the Council. Attorney Kessel stated that, that. was co Y Y rrect. City 3t Page 2 .. .,:.• «., n,,:.Y �. ;ate• w.. �a a� 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 Soli Counci Mayor Johnson asked what kind of time frame are we looking at. City Manager McGuire stated. that typically we say 30 days if it is someone locally applying, ih,,talking with Police Chief Powell, his police staf�t would ' do the investigation; we would do everything possible to have it done and brought i back to the Council it next meeting. If we had all the information. by j a tomorrow. r 1 There was further dI�sc'r,ssion by Council and Staff. } &ZYM& Of Motion by Scott to acceElit the surrender of the liquor license for Freddies on § 4 U9 Iscifar the Lake as submitted 6�3 ;lo," Prherson in letter form, and that it be effective J �' February 7, 1984 at 1:Of AM seconded b Busse and u duly passed. ' II Y Pon a vote taken it was Theinext item on the, agencia' was to' consider' the final plans and specs for the Parks Maintenance Shop. l` Parks & RecreationD.irector Mangan'reviewed this for the Council. He stated that the plans and specs were attached the agenda packages. The building r, direr4ions,had changed since the last time this came before the Council. The- reason for \that is the police needs. ( rThere would be a 16' extension added on for the.,police.i• The additional cost would be taken out of the contingency if It was over,, the amount budgeted. Date.. for opening of bids would be recommended for March 1�, X1984 at 1d:.00 AM. - �Ilill It was asked �i� t the new dimensions would be. �t Parks & Recreation Director' Mangan stated that the outside shell would be -� 96' x 50 1 y, There were further comments by Council and Staff. Motion by Busse to advertise for bids, with the bid opening set for 10:00 AM +! 't; \ �•fa' on Thursday, March\1, 1984 for the Parks Maintenance Shop and authorizing the far, Pk&l '. A additional cost of he building to come out of the contingency fund, seconded by Scott and upon a } }vote taken it was duly passed, ' The, next it on the agenda was to review Ordinance 84 -05. City Manager McGuire reviewed this for the '•Council. He stated that the wager tower - charges "were adopted by the Council sometime back but were not included I as'part of an ordinance. City Attorny Kessel recommended that it be incorporated w into an ordinance. He further stated that the City has been charging the $250.00 since January 1, 1983. Councilmember Busse stated that he >felt that the $250.00 fee should be paid upon the taking out of 'a plumbingpermit instead of before the water is turned on. 1 There. -was discussion by Council and Staff, Old. �S Motion' by Bu je to adopt Ordinance 84 -05, regarding the fee charges for Water Fee far fiZ Towe aim r as presented before the Council,, seconded by Schweich and upon a vote taken it dully pa�sed. The next Item or',the agenda was to review the Federal Aid Urban Highway System. (ity Manager McGuire stated that City Planner Grayer would point out on the map the one area thaOthe City Plan and the County Plan are in conflict, County Road` 21K as it is\now constructed at Crest Avenue and then to the north is in the County IPlan,as the ultimat`p location of County Road 21. The City's Plan shows County Road \�1 "continuing' \from County Road 42. The City Staff feels that the connection straight through to the Shakopee bypass would be the best location. The recommend- a \ �aon is to request th County to amend their plan to reflect similar to the.Prior Lake Plan. ti � The was general Council and Staff. Motin by Busse, to \ \reque klode•.ral Aid o � `�`t Scott. County to amend their plans to reflect to the - Uiben , City �`s Plan, seconded by ':Scot Counc,itilmeirber Schweich asked where the Prior Lake boundaries were. Page 3 \ , a t e t d r.. i NINUM of the Proceedins of the City Council of the City of Prior Lake in the ��County of Scott and State of Minnesota, including all accounts aduited by k said. Counci 1. City Planner Graser pointed them out. t Mayor Johnson called the question and upon a vote taken it was duly passed. Me also directed City Manager McGuire to notify the a proprlate people at the i r ' County. The next item on the agenda was to consider the, request from the Fire, Department',, for a renewal on their gambling license. na;" City Manager McGuire reviewed this for the Council. a■b1i Ik Motion by Schweich to approve the gambling license for the Fire Department and far lire .that the $50.00 fee be waived, seconded' by Scott and 'upon a, vote ;taken, Ii was duly passed. 4 , Mayor ;Johnson asked if there was any other business. Mayor Johnson read a letter that he received regarding Chemical People of` �} Minnesgta, the Prior Lake Task Force'r The letter was regarding an organization of concerned parents who support each other in discouragin g'`the illegal use ;and a abuse of drugs and alcohol by their children., J> There was disucssion by Council and Staff.;t Atli. to tion Schweich to staff prepare a resolution expressing the support,; a of the Prior Lake City Council to the Parents °Communication Network of Prior ,. ,Qaba.. ' Lake in their endeavors and activities, seconded by Busse and upon a .vote Actliiities taken it was duly passed. With no other comments, motion by Scott to adjourn, seconded by Johnson and upon v a vote taken this meeting wasi(adfourned at 8:54 PM. + Mighael. A., McGuire t i City Manager' ,1 ' aakki K. Menk Recording Secretary r- n c t , S t ,