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HomeMy WebLinkAbout04 01 1985po� REGULAR COUNCIL MEETING Agenda Monday, April 1, 1985 CALL TO ORDER 7,30 PM 1, Pledge of AlItgianot 2. Minutes of Pr ious meeting 3. Dick Casty Consider Variance from Sign Ordinance 4— Review Bids f or Lakeside and Calmut.Pavinq Projects 5. Discuss Dunn/Stark Driveway Situation 6. D Establishing a "Crime Pi-evtntion Fund," 7, Consider Preliminary P.U.D. for PriorVitw S. Consider Registered Land Survey 9. Consider Developers Agreement for Wind Sang P.U.D., to. Zan i ng, Ordirkano.e Discus-Aio'n— RE: Auto Salts, Sery i **s & Repair I it. Other Business b) 0) d) 12. Announcements Coritspondenct :d a) Next Council Netting Monday, April 8, 1985 9, 7:30 PM b) d) ADJOURNMENT MINUTES OF THE CITY COUNCIL April 1, 1985 The Common Council of the City of Prior take met in regular session on Monday April 1, 198, at 7:30 PM in the City Council Chambers. Mayor Johnson called the ' meeting to order. Present were Mayor Johnson, Councilmembers Busse, Schweich, Scott, Thorkelson, City Manager McGuire, City Engineer Anderson, City Planner' Grazer and City Attorney Cessei.- Mayor Johnson asked everyone to rise for the pledge of allegiance: i� The minutes and invoices scheduled for payment on Tuesday, April, 1985 were reviewed by the Council. Invo o3 & km Motion by Busse to approve the minutes and invoices as submitted, seconded by Scott and upon a vote - taken it was duly passed. , The next item on the agenda was to ccns;ider variance request' from the Sign Ordinance by Dick. Casey: City Planner Grazer commented on this., City Planner Grayer reviewed a memorandum dated March 27, 1985 regarding this ,. request. Mayor Johnson asked if Mr.- Casey had any comments regarding City Planner Grazer's comments- /memorandum; - Mr. Casey commented on the window boxes located on his liquor store. g V WjAWe t f After lengthy 'discussion by Council, Staff and Mr. Casey, motion by Thorkelson. DL* Omy ;� to deny the request for the variance from the Sign Ordinance as recommended, seconded by Busse and upon a vote taken it was passed. Couneiimember Schweich voted Mayor 'Johnson stated that we have denied Mr. Casey's variance, Couneilmember - Schweich had a good suggestion as a City we have probably.denied kin (Mr. ' Casey), the -right that he had to keep that window box sign up for six months to f a year. He stated that in order for Mr. Casey to plan in other areas, and to not impose a burden, he recommended that the Council allow him one year's grace & until June 8, 1986 to eliminate the window boxes on the front of his establishment, Councilmember Thorkelson suggested that City Planner Grazer and;Mr, Casey come to an agreement as far as the date goes, and Mr. Casey have the right to get proper amortisation out of the boxes. Mayor Johnson directed Staff to contact Mr. Casty regarding the window boxes and to him "a reasonable amount of time to comply with the present city ordinance. The next item on the agenda was to review the bids received for Lakesid't and, Calmut Paving Projects, City Engineer Anderson commented on this item. City Engineer Anderson reviewed the breakdown of the two projects. He then reviewed the bids received, The following is,,:t list of the bids: CONTRACTOR TOTAL DID S.M. HENTGES & SONS EXCAVATING 206,149.15 VALLEY PAVING, INC. 215,958.75 ALEXANDER CONSTRUCTION COMPANY, INC. 223,824.70 McNAMARA CONTRACTING COMPANY, INC. 242,672.50 HARDRIVES, INC. 245,343.75 BARBER CONSTRUCTION COMPANY, INC. 266,905.14 NORTHWEST ASPHALT, INC. 267,841,75 City Engineer Anderson then commented on a letter that was received from OSM regarding the Low Bidder, S.M. HENTGES & SONS EXCAVATING. The letter stated that the contractor had not included an amount for "Clear and Grub", he should have placed an amount of $1,000.00 for this item. Anderson stated that after talking with the contractor he would omit that,amount from the bid (bid should `have been $207,149.15). bard Bid fW lalgeffj& & CaINA There was a general discussion by Council and Staff. ftvjm Projects le� Motion by Scott to award the bid,rectivod from S.M. HENTGES i SONS EXCAVATING f - for the amount not to exceed $206,149.15, seconded by Thorkolson and upon a vote taken it was duly passed. Tht next i ' tom on the agenda was to discuss the Dunn/Stark Driveway situation, City Engineer ' Anderson commented on this item, City Engin#v'r Anderson stated that the two parties are still unable to come t any kind of an agreement regarding the easement abutting the drivoway. k.., furthtr commented. There' was a, �.gontral discussion by Mr. Dunn and Norb Traxltr, Attorney for Mr. Stark, Council and Staff. Mayor Johnson stated that in his opinion that with the easement being City property, and the fact that neither party has attempted to got together, the City boingcforced to become an arbitrator. Staff has recommended to the Council a compromise to the situation, and that would have to go along with the recommendation. There were further comments by Council and Staff. After a lengthy discussion, motion by Schweich through Staff's recommendation that the Council adopt the green lint (on map) as the radius and that Mr. Dun be instructed to remove the blacktop from the northerly portion of the green lint as indicated per Staff's recommendation, seconded by Scott. Councilmembo Thorkelson further commented. He stated that since Mr. Dunn must remove the blacktop, some kind of landscaping be done to the property to prevent people from driving over the easement. k I, it Councilmember Schweich and Councilmember accepted this amendment to the motion and second. Mayor Johnson called the question on the motion and upon a vote taken it was duly passed. The next item on the agenda was to discuss establishing a "Crime Prevention Fund ". Police, .Chief Powell and Detective Boo commented on this. The fund would be a Minnesota Corporation managed by a board of directors selected by community people. All funds would be tax deductible gifts from the community itself "and would be used for all phases of crime prevention from signs to rewards, etc. Police Chief Powell and Detective Boo further commented. Krim Preventim After ,a lengthy discussion by Council and Staff, motion by Scc'tt,to support the lam" establishment of a "Crime Prevention Fund", seconded by Busse and upon a vote taken it was duly passed. Mayor Johnson called a recess at this time. The meeting was called' back to order at 9:30 PM: The next item on the agenda was to consider preliminary P.U.D. for Priorvtew. City Planner Grazer commented on this item, City Planner Grazer stated that the requested action by the developer is preliminary P.U.D. approval:, He then reviewed the memorandum referencing the Issue. He stated that the Planning Commission conducted a public hearing - on 3/21185 and recommended approval of the P.U.D. contingent upon 19 points he stated earlier. There -was a general discussion by Council and Staff.' A! P ' T " dVA %otion'by i P.U.D. for Busse to, approve the Preliminary P.U.D. for iotV�ew contingent upon P the 19` poin.t's outlined by Staff and the 4 points req•at�ding the utilities, seconded by Thorkelson and upon a vote taken it was pas,.;ed. le . The next item on the agenda was to consider the ;Registered Land 'Survey. City i Planner Grazer commented on this item. City Planner Grazer stated that the registered land survey was indirectly approved b the Council in the course of settling Pp y g pending lawsuit against the \\ City to provide access to this;.landlocked parcel. The two abutting property E owners, in Gateway Shores acquired the parcel and "received permission to split it and attach the newly formed parcels to their rovpective lots. The County however did not accept the meets i bounds description an'I required a RLS. This proposal is identical -to the agreed upon split and sta:tf_recomends approval. He then referred to the IfLS that was attached to the agendl� packages. There was a- general discussion by Council and Staff, '.,Lmd9wey #111 Motion by Thorkelson to approve the R.L.S. t11.,1 as submitted bj,Staff, seconded . by Scott and upon a vote taken it was duly passed. The next item o the agenda was to consider the DeveloPers Agreement „for Mind Song P.U.D. City Engineer Anderson commented on Ahi`s item. ;ti p N City Engineer Anderson stated that final approval of the plat was 'contingent . upon the execution of the Developers Agreement. He stated that the the P" agreement has been signed and would recommend final approval of the developers agreement, idled Smg P.U.D. After a general discussion by Council and Staff, motion by Busse to authorise ` ]kyp�S final approval for the developers agreement for Wind Song P,U,;D, as recommended Agremmt by Staff, seconded by Scott and upon a vote taken it was duly passed. A t `- ihe. next item,on the agenda was to discuss an amendment to the Zoning Ordinance regarding Auto Sales, Services and Repair, City Planner Grazer commented on # h; this item, City Planner Graser stated that the Planning Commission requested staff to look s into defining and delineating the current Zoning Ordinance use "Auto Sales, h ,Services -i Repair ", This request came out of the Zoning Ordinance amendment request b, Richard Quanbeck to include auto sales, service and 'repair as a conditional use in B -1 Districts, He stated, that this is brought to the Council as a discussion item with a specific recommendation from the Planning Commissiwa. If the Council determines an ordinance amendment is appropriate ( Planning {,- . than the Commission should be directed to start She amendment process.>' He stated that The Planning Commission's recommendation was as follows: Motion by Larson to recommend to City Council a Conditional Use of retail y convenience stores that sell' ' °motor fuel as well as other retail goods and t service not necessarily related t� automobile service be a Conditional Use in a B -1 District, and permitted in B =:2 and P -3 Districts, seconded by Arnold, Upon r a vote taken the motion was duly passed, Motion'`by Larson to recommend to the ,Ci'ty Council to amend the Zoning Code to replaot Auto Sales, Service and Repair with Automobile repair Major and Minor \ an viike Auto Sales a separate use call of which are to be permitted in both 1 -2 F and 'B -3 Districts with the following definitions to be included is the Zoning coder � . 1) .:Atitomobilt Repair, Mayor - shall mean general repair, all body work, painting, framework, replacement of engines and transmission on cars snd trucks. 4 2) )Automobile Repair, Minor - shall mean the replacement of any part or repair of a part which does not require; the removal of the engine, engine head or Ipan, transmission or differential, upholstering service, glass replacement, , lubrication when said strvicc as stated above is applied to passenger automobiles and trucks not in excess of a three - quarter ton rating, St by Arnold. Upon a vote_ taken, 4 ayes and Commissioner Loftus abstaina&. Th.e motion carried. :lames Quanbeok commented to the Council and presented the Council with "a ? handout, ' There was a general discussion by Council and Staff, 5 f 3 After a lengthy discussion by Council and Staff it was the consensus of the otd 1b' council that a neighborhood meeting be held on April 15, 1985 'at 8:15 AM and Setllae &R�!�pair that B -1 area people be invited to this meeting to discuss the ordinance with- them. I Mayor Johnson asked if there was any other business that needed to be taken care of. City Engineer Anderson commented on the Street Lighting on County Road 21 and Arcadia, Ht also commented on the closing of West Avenue; P City Manager McGuirt commented on a eonfe`renct that the League of Minnesota ' t Cities will be holding the week of June 11 -14, 1fdS. He also remind the Council of the Environmental Impact Study meeting that the PCA would be holding e on 412155 in the Council Chambers, With no other business, motion by Scott to adjourn, seconded by Busse and upon a vote taken this meeting was adjourned at 11;03 ?M. t Michael %. McGuire City Maniger Jakki K. Menk ^' according Secretary a a , ) i A i 1