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HomeMy WebLinkAbout080392 RegularMINUTES OF THE CITY COUNCIL August 3, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, August 3, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, City Planner Graser, Director of Public Works Anderson, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the July 20, 1992 Council meeting were reviewed by Council. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE ~iau~ JULY 20, 1992 COUNCIL MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was approval of the Consent Agenda as follows: a) b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of Special City Council Minutes of July 15, 1992 Consider Approval of Special City Council Minutes of July 27, 1992 Consider Approval of Sale of City Vehicles Meeting Spec. Meeting Spec. /~£~. Sa~Ze o~ C~ C~ Councilmember Scott noted that the July 27 minutes had not been signed by Recording Secretary Birch. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE Con~en~ CONSENT AGENDA ITEMS (a) THRU (d) WITH ADDITIONS AS NOTED. A~a Councilmember Fitzgerald noted that he would abstain from voting on item (b) Consider Approval of Special City Council Meeting Minutes of July 15, 1992 because he had been absent at this meeting due to illness. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The next order of business was: Consider First Draft of Outdoor concert Ordinance Amendments 92-08. City Manager Unmacht gave a short background on the Ordinance and O~x~ooa summarized the proposed amendments which included: miscellaneous Co~ce~t~ housekeeping items, deposit for clean up efforts and a change in 0~. 9208 hours. Unmacht stated that copies of the proposed amendments were mailed to the restaurant and bar owners but no written responses had been received. Ray Lemley addressed the Council and discussed his concerns regarding the proposed one hour change in the closing time on Saturday nights. Discussion occurred with regard to a compromise on closing time requirements, communication with neighbors on upcoming concerts and obtaining signatures from the neighbors indicating that they have no objections to a concert. Council concurred that the closing time of 12:30 a.m. for Saturday events should be incorporated into the next draft, in addition, they directed staff to make changes with regard to notification. The Council directed staff to place Ordinance Amendments 92-08 on a future Council agenda for further discussion. The next order of business was: Consider Planning Commission Variance Appeal of Bill and Kathleen Henning. City Manager Unmacht discussed Mr. Henning's letter in which he is appealing the Planning Commission's decision. William Henning addressed the Council with regard to his request. City Planner Graser presented an overhead of the Titus First Addition ~lat and discussed the rationale behind the Planning Commission's decision. Discussion occurred on the history of this property, and urbanized development located in the rural service areas. The following residents spoke in favor of Mr. Henning's request: Jerry Campagnoli 13200 NE Henning Circle Dr William Je?son 13207 NE Hennlng Circle Greg Henning 13171 Pike Lake Trail Further discussion occurred regarding rural development, viability of the area as farmland, precedent setting and ~ustification for granting a variance, and Metropolitan Council impact. Attorney Kessel suggested that as part of the variance, a restriction or covenant be recorded on the entire fifteen acres. This restriction would insure that anyone interested in the.property in the future would be on notice that only one variance had been granted for the entire fifteen acres. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO TABLE DISCUSSION UNTIL A DATE CERTAIN AND DIRECT STAFF TO DEVELOP FINDINGS WHICH WILL OUTLINE THE JUSTIFICATION AND RATIONALE FOR GRANTING A VARIANCE TO INCLUDE THE RESTRICTIVE COVENANTS. Minutes of the Prior Lake City Council August 3, 1992 Additional discussion occurred on specific policies on zoning for particular areas in the community. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott A short recess was called. The meeting reconvened at 9:10 p.m. The next order of business was: Consider Approval of Comp Comprehensive Transportation Study. Director of Public Works Anderson discussed the purpose of the proposed Transportation Study. Anderson noted that negotiations are in progress with the Mdewakanton Sioux Community regarding a monetary.contribution of $1000 to assist in the study. The Wilds development representatives have verbally agreed to pay $4,000 toward the Study and the City would be responsible for the balance. Discussion occurred on County road turnbacks, the purpose of the study, and other details of the Study. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO AUTHORIZE T~n~po~- STRGAR-ROSCOE-FAUSCH, INC. TO DO THE TRANSPORTATION STUDY PLAN ~oa FOR THE AMOUNT OF $19,500 AS OUTLINED IN THEIR JULY 27 AND 29 LETTERS, TO BE TAKEN FROM THE CONTINGENCY FUND. THE MONETARY CONTRIBUTIONS RECEIVED FROM THE SMSC AND THE WILDS WILL BE Ro~coe RETURNED TO THE CONTINGENCY FUND, AND THAT THE CITY MANAGER BE AUTHORIZED TO SIGN THE AGREEMENT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. The next order of business was: Consider Conditional Use Permit for James and Joanne Thompson. City Manager Unmacht discussed~nd the split decision of the Planning Commission and the purpose this appeal to the Council. Joanne Thompson addressed the Council and explained that they wanted to build an addition to their building in order to accommodate two additional residents. Discussion occurred regarding the definition of boarding house as it relates to the zoning ordinance. The following neighbors spoke against the request: Gil Roscoe 14190 Grayling Circle Dennis Ludlum 14145 Grayling Circle Randy Swanson 14171 Grayling Circle Mr. Roscoe read letters from Gary L. Nelson, 14200 Rutgers Street, and Harold Conrady, 14191 Grayling Circle, expressing opposition to the expansion of the residential care facility. The following resident spoke in favor of the request: Renee Houser 14151 Grayling Circle Minutes of the Prior Lake City Council August 3, 1992 Extensive discussion occurred on the issues of neighborhood traffic, conditional use, impact on property values and state law. Thomp~o~ MOTION MADE BY KEDROWSKI, SECONDED BY , TO TABLE THIS ITEM FOR THE PURPOSE OF DEFINING STANDARDS AND LOOKING AT ISSUES RAISED BY THE NEIGHBORS. The motion died for lack of a second. ~~xx Further discussion occurred regarding the a~pearance of the property, the size of the proposed addition, intention of state laws to allow up to six residents in a residential care facility and conditions placed on the application by the Planning Commission. MOTION MADE BY WHITE, SECONDED BY ANDREN, TO APPROVE THE ~o~iom CONDITIONAL USE PERMIT AS AMENDED TO ALLOW EIGHT RESIDENTS TO BE Po/led HOUSED IN THE FACILITY WITH THE SEVEN CONDITIONS AS STIPULATED BY THE PLANNING COMMISSION. Discussion occurred on the definition and applicability of the boarding home conditional use process for this application. Upon a vote taken, ayes by Andren, and White, nays by Fitzgerald, Kedrowski and Scott. The motion failed. A short recess was called. The meeting was called back to order at 10:30 p.m. The next order of business was: Consider Construction of an Ho22~ Impoundment Structure Near the ~ntersection of Holly Circle and Cates Street. Public Works Director Anderson presented an ¢iac/e overhead of the area and explained that streambank erosion, cad potential flooding hazards, degrading of wildlife habitat and ¢o/e~ sedimentation along fish spawning areas of prior lake has $/aee~ resulted due to the partial drainage of the eight acre wetland Ympound- south of Cates Street and East of Holly Circle. The purpose of a m~ permanent impoundment structure would restore the wetland basin, improve water quality, provide better flood control, and reduce sedimentation which would allow for future construction of Holly Circle and further development of lots 2, 3 and 4, Block 2 of Holly Court. Anderson stated that half the cost of this project (up to $22,615) will be refunded through a grant from the Minnesota Board of Water and Soil Resources when the project is completed. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI , TO APPROVE Ho~ THE AUTHORIZATION OF $40,000 FROM THE TRUNK RESERVE FUND, AND FOR ¢2~c/e STAFF TO CONTRACT WITH VALLEY ENGINEERING TO DESIGN AND CONSTRUCT & THE IMPOUNDMENT PROJECT. ¢o~$~e~ Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Minutes of the Prior Lake City Council August 3, 1992 The next order of business was: Update On The Status of "The "TAe Wilds" Development. City Manager Unmacht discussed the progress W~" of this project and the activities of staff. Topics discussed under Other Business were as follows: -- City Manager Unmacht commented on the status of the County Road 18 access issue with the Metropolitan Council. -- A copy of an article on the State Shoreland Management Act was handed out to Council for their review. -- City Manager Unmacht stated that he had spoken with a representative of the DNR regarding their interest in the Marina for a third public access. This discussion occurred as a result of the letter received from Ron Breckner. -- Discussion occurred on holding a date for the budget workshop. Dee B~rch is to contact the Councilmembers for a date. -- City Manager Unmacht handed out a letter he had received from L~e Pete Schenck regarding the Ski Club and Lake Front Park. ~o~ -- Tom Kedrowski volunteered to serve on the RFP selection ~u~ & team. ~$/' ~ The next Council meeting will be Monday, August 17, 1992 at 7:30 p.m. There being no further business, the meeting adjourned at 10:50 p.m. by general consent of the Council. Recording Secretary