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HomeMy WebLinkAbout122187 Regular CITY OF PRIOR LAKE ~ MINurES OF '!HE CITY COUNCIL December 21, 1987 The CanIOOn Council of the City of Prior lake met in regular session on Mornay, December 21, at 7: 30 p.m. in the City Council Olarnbers. Present were Mayor Andren, Councilrcenbers Fitzgerald, Larson, Scott, White, City Manager Dave Unmacht, City Planner Graser, Assistant City Planner Garross, Assistant City Manager/Econanic Developnent Director Schmudlach, and Assistant City Attorney Brenne r . Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the December 7, 1987 Council meeting were reviewed by Council. MJ'I'ION MADE BY Sro:rr, SEXDNDED BY FITZGERALD, TO APPROVE '!HE DECEMBER 7, 1987 Minutes MINurES AS SUBMI'I'lH>. Upon a vote taken, ayes by Andren, Fitzgerald, larson, Scott, and White, the motion passed unanilOOusly. The next order of business was consideration of the Consent Agerrla as follows: a) b) c) d) e) f) g) h) Approve Invoices to be Paid Approve Building Permit Report <November) Approve Dog Catcher's Report (November) Approve Fi re and Rescue Report CNovembe r) Approve Police Report (November) Approve Treasurer's Report (Novembe r) Approve City/County Computer Mainframe Agreanent Approve Resolution 87-71 Feasibility Study for Fisher Ave/Library Parking Lot Approve Cornitional Use Permit Amerrlment for SAS Car Wash Approve Ordinances 87-13 and 87-14 (Amendments to Ordinances 87-02 & 87-03) Approve Cigarette License Applications for 1988 Approve Church of St. Michael's Request for Temporary Beer License i) j) k) 1) At the request of Councilmember Larson itan (i) was ranoved for further discussion. IDTION MADE BY WHITE, SOCONDED BY LARSON, TO APPROVE '!HE CONSENT AGENDA ITEMS (a) '!HID (1) WI'lH '!HE EXCEPI'ION OF ITEM (i). Upon a vote taken, ayes by Andren, Fitzgerald, larson, Scott, and White, the motion passed unanimously. (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 Consent A Invoices Bldg. Per Dog Catcb F&R Police Treasurer Computer RS 87-71 Park Lot SAS CUP OR 87-13 & 87-14 Cig.Lic St . Mike I ~ 3.2 permj December 21, 1987 The next order of business was the distribution of prizes for the "Catch the Seasons" Spring/SUmmer photo contest. Assistant City Manager/Economic Developnent Director, Kay Schmudlach, reviewed some of the details of the contest and then introduced David Miller who helped coordinate the contest. Miller then introduced each prize winner and handed out the prizes, and Mayor Andren distributed the Certificates of Appreciation. The winning photos will be hung throughout City Hall. The next order of business was a Public Hearing on Green's First .Addition, Preliminary Plat. Mayor Andren called the Public Hearing to order at 7:45 p.m. and read the legal notice as it appeared in the Prior lake American on December 7, and December 14. Ron SWanson of Valley Engineering spoke on behalf of the developers of the Plat. Assistant City Planner, Deb Garross, reviewed the details of the request for preliminary plat approval as presented by owners/developers, Roger H. and David J. Green. The question of clear cutting which had taken place on the property was discussed extensively. Mr. Green denied any knowledge of the City Ordinance against clear cutting and said he would consider restoration measures. IDTION MADE BY SCOT!', SECONDED BY FITZGERALD, TO APPROJE '!HE REQUEST PRELIMINARY PLAT SUBJECl' TO '!HE FOLIavING STIRJLATIONS: P.H. FOR Green's Prelim Plat 1. GRADING PLANS BE RE.VISED AS RmUIRID BY '!HE CITY ~INEER. 2. DRAINAGE AND UTILITY EPSEMENTS BE'IWEEN LOTS 1 AND 2 BE SImN ON mE PLAT. 3. A PLANTING PLAN BE SUBMI'ITED SUBJECl' TO STAFF APPR<NAL. '!HIS PLAN SHOOID ADDRESS: a) SPECIFIC NAME, SIZE AND TENrATIVE PLANTING SPACE FOR EAOI RmUIRED SUBDIVISION TREE 4. A RESTORATION PLAN BE SUBMI'ITED SUBJEcr TO STAFF APPROJAL WHIOI ADDRESSES: a) SOIL EROSION b) TEMroRARY GROOND COVER c) GRADING AND FILLING Upon a vote taken, ayes by Andren, Fitzgerald, larson, Scott, and White, the motion passed unanilOOusly. Discussion followed. K)TION MADE BY LARSCl'l, SECONDED BY WHITE, '!HAT DEVELOPER CONSULT WI'IH STAFF AND REACH AN AGREEMENT FOR A RESTORATION PLAN OF AN APPROPRIATE NUMBER or-Green' s . APPROPRIATE SIZE TREES '!HAT WILL E.VENTUALLY BE PLANTED IN A PUBLIC REX:REATION Restoratl AREA, '!HAT '!HE AGREEMENT REACHED APPEAR BEFORE '!HE COUNCIL AGAIN ON '!HE CONSENT Program AGENDA. Upon a vote taken, ayes by Andren, Fitzgerald, larson, and White, nay by Scott, the motion carried. 2 December 21, 1987 IDTION MADE BY LAR.SCN, SECONDED BY WHITE, TO ADJOORN '!HE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, larson, Scott, and White, the motion passed unaniroously. A short recess was called. The meeting reconvened at 8: 26 p.m. The next order of business was a Public Hearing on Amerrled Resolution 87-67 for P .H.d d a Reserve Vacation. The Public Hearing was called to order at 8: 26 p.m. and Amen e Mayor Andren read the legal notice as it appeared in the Prior Lake AIrerican on RES 87-67 December 7, and December 14. Assistant City Planner Garross presented an overhead of the area am outlined the details p:!rtaining to the vacation. A question was raised by Attorney Norbert Traxler as to whether or not the City had an interest in the area proposed to be vacated. Extensive discussion followed. MJTION MADE BY WHITE, SECONDED BY LARSCN, '!HAT CDUNCIL TABLE '!HE ISSUE FOR AN Tabled INDEFINITE FERIa:> OF TIME IN OIDER TO OOTAIN MJRE INFORMATION, AND WI'!H mE TABLING OF AMENDED RESCLurION 87-67 THAT '!HE PRE.VIOUSLY PPSSED RESCLurION BE SUSPENDED UNl'IL A DECISION BPS BEEN <LARIFIED. Discussion followed. Upon a vote taken, ayes by Andren, White, nays by Larson, Fitzgerald, and SCott, motion did not carry. IDTION MADE BY LAR.SCN, SECONDED BY FITZGERALD, 87-67. TO ADOPI' AMENDED RESCLurION RS 87-67 Adopted Discussion followed. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unaniroously. The next order of business was the continuation of the McWillies-On-The-lake Liquor License Issue. City Manager Unmacht reviewed the details of the past hearing and discussed the Administrative Law Judge, Peter C. Erickson's, Finding of Fact and noted that the written argument from MdWillie's Legal Representative, Norbert Traxler, had been received by Assistant City Attorney, Caryn Brenner and by the Prior lake City Council. Assistant City Attorney Brenner clarified several points in question for the Cbuncilrnembers. Discussion followed. MJTION MADE BY FITZGERALD, SEXDNDED BY SCO'l'I', TO DENY ATroRNEY TRAXLER'S RmUEST McWillies TO REFER '!HE MATrER BACK TO '!HE ADMINISTRATIVE I..NV JlOOE FOR FUR'lHER FINDING. Request denied Upon a vote taken, ayes by Andren, Fitzgerald, larson, SCott, and White, the motion passed unanilOOusly. Discussion followed as to whether or not to allow Attorney Traxler to present oral arguments. Assistant City Attorney offered an opinion on the procedures as 3 December 21, 1987 suggested by the Administrative Law Judge in which she stated that written objections and arguments were sufficient and an oral argument was unnecessary. It was a consensus of the Council that it was not necessary to hear Attorney Traxler's oral arguments. McWillies Find. of IDTION MADE BY LAR.SCN, SECONDED BY S<D'IT, TO ADOPl' THE FINDINGS OF FACI' AND Fact CONa.USIONS OF ADMINISTRATIVE LAW JUX3E, PETER C. ERICKSCl'l. Upon a vote taken, ayes by Andren, Fitzgerald, larson, Scott, and White, the motion passed unanirously. Discussion followed. IDTION MADE BY FITZGERALD, SECONDED BY LAR.SCN, TO RESCIND THE PREVIOUS IDTION. Upon a vote taken, ayes by Andren, Fitzgerald, larson, and Scott, nay by White, the motion carried. M)TION MADE BY FITZGERALD, SECONDED BY LARSCN, TO ACCEPl' THE FINDINGS OF FAC!' TO McWillies BE DISTINGUISHED FRrn '!HE OONa.USIONS AND RECOMMENDATIONS PS SET FORIH BY '!HE ADMINISTRATIVE LAW JUX3E, PETER C. ERICKSCl'l. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, SCott, and White, the motion passed unanirously. Discussion followed. MJTION BY Sro:rr, SECONDED BY ANDREN, TO ADOPl' <DNa.USIONS OF ADMINISTRATIVE LAW Mcwillies T~ C roue- Gonc US10 J Ul.l\3E ,PETER . ERI v.l\UCl'l. Extensive discussion followed regarding the Recommendations of Administrative Law Judge, and Assistant City Attorney's reaction to the Recommendations. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, SCott, and White, the motion passed unanilOOusly. IDTION MADE BY LAR.SCN, SECONDED BY Sro:rr, ADMINISTRATIVE LAW JU)GE, PETER C. ERICKSCl'l. TO ADOPI' '!HE RECOMMENDATION OF McWillies Recommend Upon a vote taken, ayes by Andren, Fitzgerald, Larson, SCott, and White, the motion passed unanirously. K>TION MADE BY FITZGERALD, SECONDED BY S<D'IT, TO ACCEPl' THE LIQOOR <DMMITI'EE'S McWillies RECOMMENDATIONS TO IMroSE A $2,000 PENALTY FOR LICENSEE JANIS K. BALLARD D/B/A Penalty MCWILLIES ON-lliE-IAKE TO BE PAID BY MONDAY, DECEMBER 28, 1987 AT '!HE END OF THE BUSINESS DAY OR '!HEY WILL BE a.oSED. Discussion followed on details of when penalty was to be paid. Above motion was then withdrawn by Councilnember Fitzgerald. 4 December 21, 1987 K>TION MADE BY FITZGERALD, SECONDED BY LARSOO, TO ACCEPl' '!HE LIQOOR mMMITrEE'S McWillies RECOMMENDATION OF IMPOSING A $2,000 FINE TO BE IMPOSED ON JANIS K. B.Z\LLARD, D/B/A McWILLIES ON-'!HE-IJ\KE, FOR AN INFRACl'ION CITED IN '!HE CONcr..USIONS OF ADMINISTRATIVE LJ1W JillGE, PETER C. ERIa<800, TO BE PAID ON OR BEFORE IDNDAY, DECEMBER 28, 1987. Discussion followed regarding the intent of the Council and Councilrcenber White inquired as to what p:!nalties have been levied in the past for similar types of violations. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, and Scott, nay by White, the motion carried. Note of record - the intent of the Council is that the Liquor License of the (~his establishment be susperrled until the fine has been paid. (If fine isn't paid flrst by the close of business on Morrlay, December 28, 1987 the City Council will sentence corrluct a special meeting to consider further action.) to be striken A short recess was called. 0/4/88) The meeting reconvened at 10:26 p.m. The next order of business was consideration of Consent Agerrla itan (i) Corrlitional Use Permit Amerrlment for SAS Car Wash. Councilnember larson expressed his concerns regarding the Corrlitional Use Permit Amerrlment. City Planner Graser presented the details of the request to amerrl the Corrlitional Use Permit. Discussion followed regarding the original intent of the Council when they approved the Corrlitional Use Permit in May of 1987 and why SAS now wished to change the original plans. IDTION MADE BY Sro:rr, SECONDED BY WHITE, TO APPRCNE '!HE AMENDED CONDITIONAL USE SAS Car PERMIT FOR SAS C'AR WASH. Wash CUP Discussion followed regarding herming, landscaping and other stipulations of the original COrrlitional Use Permit. Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White, nay by larson, the motion carried. The next order of business was a continuation of the Mollenhoff request for a Mollenhof: parking space on Quaker Trail. City Manager Unmacht reported back to the Council on information requested fran the last meeting. Mr. and Mrs. Mollenhoff were ap~aling the Staff's decision to deny their parking request on Quaker Trail. Discussion followed regarding the findings on ownership of the street in question am whether or not the Mollenhoff's had street access. The Mollenhoff's were given two options: (1) they could petition the City for street improvements, or (2) they could plow the road thansel ves. No further action was taken. The next order of business was a report on the City's Personnel Policies and Procedures Manual by City Manager Unmacht. The Manual consists of thirteen sections and will be finalized after the City Attorney has a chance to review and COJl1Jrent on the Manual's consistency with City Statutes and Codes. Council briefly reviewed the document and City Manager Unmacht requested that Council share any ideas or concerns they may have with the Manual. 5 December 21, 1987 The next order of business was a presentation of the Comparable Worth Report by Staff. Ed Wells, Consultant for DCA Stanton Inc., was present to answer any questions. Discussion followed. IDTION MADE BY WHITE, SECONDED BY SCD'I'r, TO ADDPI' '!HE <DMPARABLE WORIH S'IUDY Comp Wort REPORr AS SUBMITl'ED. Report Council directed Staff to prepare a Resolution accepting the Study. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The next order of business was a discussion of the review process for the City Manager. Council agreed to use the same format used last year. KYI'ION MADE BY Sro:rr, SECONDED BY LARSCl'l, TO APIOINT CDUNCILMEMBER FITZGERALD City AND MAYOR ANDREN TO '!HE COMMITTEE TO <DN9LIDATE ALL <DMMENTS FRrn THE Manager CDUNCILMEMBERS AND PERFORM THE ACl'UAL RE.VIEW. Review Upon a vote taken, ayes by Andren, Fitzgerald, Larson, SCott, and White, the motion passed unanimously. All Councilnembers are to have the review form completed and returned to the Committee by January 10 and the issue will be scheduled for a Council l-Eeting. The next order of business was consideration of possible dates for a winter Council/Manager workshop. 'lbe first two weeks of February were suggested as dates to consider for the workshop. General input was provided to Staff by the COuncil with regard to the workshop. The next order of business was discussion of using money fran the contingency fum to provide badly needed improvements for the Library. M)TION MADE BY FITZGERALD, SECONDED BY WHITE, TO EXPEND UP TO $7,500 TO BE Library ALIOCATED TO-lARD LIBRARY IMPROJEMENTS AND MAlNl'ENANCE ITEMS WHIOI ARE TO BE Improveme PRIORITIZED BY LIBRARY LIAISCl'l, KAY SCHMUDLACH AND JANET PETERSCIil, DlREcr'OR OF from PRIOR LAKE LIBRARY. Cont. FUll $7,500 Upon a vote taken, ayes by Andren, Fitzgerald, larson, SCott, and White, the motion passed unanilOOusly. Councilrcenber Fitzgerald suggested that the monthly reports such as Police and Fire Reports be structured in a more informative format, possibly to include a neighborhood identification. Assistant City Attorney Brenner informed Council that the Md'lillies On-'lbe-Lake penalty be in writing, signed by the City Manager and mailed to Janis Ballard, Attorney Norbert Traxler, Administrative Law Judge Peter C. Erickson, and Brenner herself. City Manager Unmacht handed out new Scott County maps. 6 December 21, 1987 The next Council meeting will be Morrlay, January 4, 1988 at 7:30 p.m. There being no further business, the meeting adjourned at 12: 13 p.m. by general consent of the Council. id J. Unmacht ty Manager Dee Bi rch Recording Secretary 7