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Home My WebLink About120787 Regular CITY OF PRIOR LAKE ~ MINUI'ES OF lliE CI'lY muNCIL December 7, 1987 The CornJron Council of the City of Prior Lake met in regular session on Momay, December 7, 1987 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, SCott, White, City Manager Dave Unmacht, City Engineer Anderson, City Planner Graser, Assistant City Manager/Econanic Developnent Director Schmudlach, Building InSp:!ctor Gary Staber and City Attorney Kessel. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the November 16, 1987 meeting were reviewed by Council. '!he following additions were requested: On page 2, Paragraph 4, line 7 the names of Richard and Gloria Heinz should be added as petitioners. Councilnember Fitzgerald requested that in his motion on page 3 beginning with paragraph 10, itan 2, the following be added: First line of Item 2, sentence reading: What it would cost to install the lightest possible bituminous street and have a proportionate savings...... "on Ash Circle" to be added after bituminous street. Itan 3 the following should be added to the em of the sentence: "by the City versus outside engineering." Itan 4 add the following: "Carry on am establish a unit charge against future benefitting owners." ftDTION MADE BY Sro:rr, SOCONDED BY FITZGERALD, TO APPROJE '!HE NOJEMBER 16, 1987 Minutes MINUI'ES AS AMENDED. Upon a vote taken, ayes by Andren, Fitzgerald, larson, and SCott, the motion carried. Councilmember White abstained as he was absent at the last Council ~eting . The next order of business was consideration of the Consent Agema as follows: CA a) Invoices to be paid b) Appoint ACM/EDD as Library Liaison c) Approve Econanic Developnent Committee Bylaws Olange d) Approve Star City Community Labor SUrvey e) Approve Amerrled Liquor Ordinance f) Adopt Resolution 87-69 Minnesota Highway Funding Package Invoice: Lib Lia EDe BYL STAR Ct: Liq ORD Rs87-69 (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 December 7, 1987 M)TION MADE BY FITZGERAID, SECONDED BY LARSCIil, TO APPROJE '!HE <DNSmT AGENDA CA Appr< ITEMS (a) THID (f). Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanirously. The next order of business was discussion on North Shore Oaks Improvement Project. City Manager Unmacht introduced the topic to the Council and reviewed the issues and actions which staff were directed to examine by Council at the last meeting on November 16, 1987. 'Ihese itans were to determine if there is a possible health hazard in the area by performing an on-site inspection am preliminary analysis with regard to the status of the septic systans in the area. Building Inspector, <?ary Staber, summarized the on-site inspection which he performed on December 1 and 2, 1987. staber stated that in his opinion more testing will have to be done i.e.: dye testing, well water testing am soil testing to accurately analyze each property owner's septic systan. Council directed staff to canpile an estimated cost and time frame for performing the dye testing, well water and soil testing. City Engineer Anderson reported on Staff's analysis of other issues which were requested at the November 16, 1987 Council Meeting. Residents from the North Shore Oaks area questioned staff and Councilrrernbers briefly with regard to when the soil and water testing would be done. Discussion followed. Resolution 87-70 -- A Resolution for Authorization of Feasibility study For Fisher Avenue and Library Parking Lot was then presented by City Engineer Anderson. mTION MADE BY FITZGERAID, SEOJNDED BY LARSCIil, TO APPROJE RESOLurION 87-70 A RS87-70 RESCLurION FOR AU'lHORIZATION OF A FEPSIBILITY S'!UDY FOR FISHER AVENUE AND Approvel LIBRARY PARKING rm. Rs87-70 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanilOOusly. A short recess was called. The meeting reconvened at 8: 30 p.m. The next order of business was the presentation of the Downtown Plan am Redevelopnent Process. City Manager Unmacht requested that this itan be delayed to a future date for two reasons: (1) Councilmember White has not had an opportunity to review the information, and, (2) time does not allow full discussion of the issues. Discussion followed. Council directed Staff to postpone the discussion of the Downtown Plan until a workshop is held, and directed Staff to schedule the date of January 11, 1988 for a workshop meeting from 5:00 p.m. to 8:00 p.m. 2 December 7, 1987 The next order of business was the Report of Administrative Law Judge Ruling on McWillies-Q1-the-Lake. staff presented the Administrative Law Judge, Peter C. Erickson's, Findings of Fact, Statanent of Issues, Conclusions and the Recormremations. City Manager Unmacht read the Recormremation of Fact Finder, Peter C. Erickson. MJTION MADE BY LAR.SCN, SECONDED BY FITZGERALD, TO ACCEPI' THE FINDINGS OF FAcr ~.Willie AND mN~USIONS OF ADMThlISTRATIVE LJ1W JlDGE, PETER C. ERICKSCN. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, SCott, and White, the motion passed unanimously. r-DTION MADE BY LARSCIil, SECONDED BY FITZGERALD, TO ADDPI' '!HE RECCIo1MENDATION OF McWillie THE ADMllUSTRATIVE LAW JIDGE, PETER C. ERI CKSCl'l , RIDARDING '!HE LIQOOR LICENSE OF MCWILLIES-CN-lliE-LAKE. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, SCott, and White, the motion passed unanimously. Attorney Norbert Traxler addressed the COuncil and expressed his objections to the procedures followed. Discussion followed. City Attorney Kessel advised Council to allow Attorney Traxler the opportunity to file a written objection on the findings as stated, specifically with regard to Statute 609.50, to Assistant City Attorney Brenner and to the City Council. Council requested Staff investigate whether or not Administrative Law Judge, Peter C. Erickson, would be willing to reopen the MdWillies-On-The-Lake file and accept the objection, and notify COuncil of his opinion. Extensive discussion followed. City Attorney Kessel advised Council to continue this itan until after they have heard the objection put forth by Attorney Traxler. MJTION MADE BY FITZGERALD, SECONDED BY Sro:rr, TO RESCIND '!HE PRE.VICUS 'lWO McWilli:: MYl'IONS AND TABLE AcrION ON McWILLIES-CN-'!HE-LAKE LIQOOR LICENSE VIOLATION UNl'IL '!HE DECEMBER 21, 1987 <DUNCIL MEET]}.X; TO ENABLE COUNCIL AN OPIDRIUNITY TO RE.VIEW WRITI'EN ARGUMENTS BY ATTORNEY TRAXLER WI'!H '!HE FOLI.OVING STIPUIATIONS: 1. HAVE DOClJMENTS RE.VIEWED, IF APPROPRIATE, BY ADMINISTRATIVE LAW JIDGE. 2. ADMINISTRATIVE LAW JIDGE'S OPINION TO BE A'I'I'ACHED AND A DECISION TO BE MN:>E UOON '!HAT INFORMATION, IF INCLIDED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, SCott, and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 9: 20 p.m. The next order of business was a brief review and presentation of overheads showing the proposed amerrlments to the Subdivision Ordinance by City Planner Graser. The amerrlments were limited to Section 6-7-1, 6-4-2 and 6-6-8. Discussion followed. Staff was instructed to schedule a public hearing sanetime in January to present the final revisions. 3 December 7, 1987 The next order of business was consideration of Rick and Julie Mollenhoff's Mollen- request for parking on Quaker Trail. Mr. and Mrs. Mollenhoff and Mr. and Mrs. hoff's Don Vettorel both addressed the Council to explain thei r position on the issue. Lengthy discussion followed. Council deferred a decision until information on the status of that portion of Edinborough could be determined as to whether it was a dedicated public road which had been accepted by the City or whether it was a private road. A short recess was called. The meeting reconvened at 10: 43 p.m. The next order of business was the consideration of a Prior Lake 2000 Canmunity PL2000 Action Cormnittee (CAC). City Manager Unmacht reviewed the details pertaining to Act. selection of a Community Action Committee resulting fran the recOl11Irerrlations of Comm. the Prior lake 2000 Report. Discussion followed. staff was directed to publicize the need for people to serve on the Committee, and to actively seek candidates fran local community organizations. CouncilIlEJIlbers were encouraged to subnit names of possible candidates to Staff. The next order of business was discussion of the Prior Lake Tax arrl Fiscal Analysis Study. Councilnember Fitzgerald discussed the idea of having a task force investigate, evaluate and critique sources of possible revenue, the effect of COJIUrercial developnent on the community, and the possibility of reducing experrlitures. Councilnenber Fitzgerald will discuss with Staff the parameters of the Study in the near future. The next order of business was the establishment of a Public Hearing for the Amoco Proposal. City Manager Unmacht advised the Council he had received a request fran the Amoco Representative's Consulting Engineer, James Filippi, who requested a hearing on the vacation of Walker Avenue, the amerrlment to the zoning code, the corrlitional use permit, variance, and site plan approval. Discussion followed. 'lbe date Council selected for the Public Hearing is to be January 19, 1988. staff will schedule the time at a later date. The next order of business was a discussion on the concept of Council/Staff workshops to discuss items pertaining to issues which need in-depth examination. The workshops will be on an irregular basis deperrling upon the amount of projects to discuss. staff will formulate the language for inclusion in the bylaws and present it to Council at the January 4, 1988 meeting. '!he next order of business was possible consideration of a Lease Agreanent for the City Garage. City Manager Unmacht stated that the negotiations of the Lease Agreanent with Mr. Scherer were still in process am there was nothing at this time to discuss. No further action was taken. City Manager Unmacht requested a closed attorney/client session be held inurediately following this meeting. 4 December 7, 1987 The next Council meeting will be Morrlay, December 21, 1987 at 7:30 p.m. 'lbere being no further business, the meeting adjourned at 11: 20 p.m. by general consent of the Council. avid J. Unmacht ity Manager I Dee Bi rch Recording Secretary 'lbe attorney/client session on Calvin Erbele's .Addition was called to order by Mayor Andren. '!hose in atterrlance were: Mayor Andren, Councilnanbers Fitzgerald, Larson, Scott, and White, City Manager Unmacht, Assistant City Manager/EDD Schmudlach, City Planner Graser, City Attorney Kessel and Recording Secretary Birch. A tape of this session is on file in the City Manager's office. 5