The URL can be used to link to this page

Home My WebLink About050288 Regular CITY OF PRIOR LAKE ~ MINUTES OF THE CITY COUNCIL May 2, 1988 The Common Council of the City of Prior Lake met in regular session on Monday, May 2, 1988 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, Scott, White, City Manager Dave Unmacht, City Planner Graser, Assistant City Manager/Economic Development Director Schmudlach, and City Attorney Nelson. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the April 18, 1988 Council. meeting were reviewed by MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE APRIL MVud~ 18, 1988 MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was consideration of the Consent Agenda as follows a) Invoices to be Paid b) Approve B & D Baseball Team Gambling Permit at Hollywood Inn c) Approve TKDA Contract for Services d) Report on Results of North Shore Sewer Line Televising e) Approve Second Annual Photo Contest f) Approve City Manager Dave Unmacht's Salary Review g) Approve Hartman Sewer and Water Availability Fee h) Approve Jay's Temporary 3.2 Beer Permit for Home Games i) Approve McWillies Restaurant Conditional Use Permit j) Update on Funding of Transit Needs Assessment Study k) Authorize Feasibility Studies for Pleasant Street and Duluth Avenue - Resolutions 88-27 and 88-28 MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE CONSENT AGENDA AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Jnvoi.c~ 8&f) ~amb a;t Hollymo TKDA COM N.5holl..e n tpho;to Con C/YJ 5a1..aA.!I HwWnan 5 e :Jay. '.-13.2 Mcll/Uh..~ 'RTB tp l..eQAan;t ~ Duht;th 'R5 88-27 88- 29 ApfJll..oved Minutes of the Prior Lake City Council May 2, 1988 The next order of business was a presentation of Certificates of C~t. ot Appreciation for the Prior Lake Historical Display. Assistant ApfYl-ec. /..0/4 City Manager, Kay Schmudlach, briefly commented on the displayH~~o~aU and introduced those persons who had contributed to the display. to: Mayor Andren then presented the certificates of Appreciation. A~ 5impki list of those persons given Certificates is on file at City Hall. RO-1e ft/ueA..R.n Council expressed great appreciation for their efforts. ~.C~-1eLL~ f . Dvede The next order of business was a presentation of the Planning lolA Dvede Commission's Recommendations on the Ken Hedberg lot split cwU Ca;tfVJ application. City Manager Unmacht reviewed the issues regardingK.5~aed~ the Hedberg lot split and how this issue may result in the needK~ for a re-examination of the present Shoreland Management5impkin-1 Ordinance and the section regarding substandard lots of the~~~ Zoning Ordinance. Assistant City Planner Garross presented the details of the Hedberg lot split request and stated that the Planning Commission had approved all three requested variances which are as follows: 1. A variance from the minimum lot size requirement of 15,000 square feet. 2. A variance from item 9.3Ble which requires substandard lots of record to be in separate ownership as of May 18, 1987 in order to be buildable. 3. Hedberg's plan for development of Parcel A 12 foot lakeshore and 5 foot front yard order to build a new single family home. is conditional upon the decision of the regarding the proposed lot split. requested a variance in This variance City Council Lengthy discussion followed. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE Hedb~g HEDBERG'S REQUEST FOR A LOT SPLIT FOR TWO 71 FOOT LOTS IN Lo~ 5p1.Lt ACCORDANCE WITH THE PLANNING COMMISSION RECOMMENDATIONS. Further discussion followed regarding the question of hardship, the Shoreland Management Ordinance and the Prior Lake Zoning Ordinance and whether or not the two parcels could rightly be divided and still conform with the intent of the Zoning Ordinance. Council concurred that a workshop with the DNR to discuss the present Shoreland Management Ordinance in relation to the Prior Lake Zoning Ordinance should be scheduled, and that examination of the intent of the two ordinances would be in order. Upon a vote taken, ayes by Fitzgerald, Scott and White, nays by Andren and Larson. The motion carried. A short recess was called. The meeting was called back to order at 8:43 p.m. 2 Minutes of the Prior Lake city council May 2, 1988 The next order of business was to consider action on P.F., Inc. development project. City Manager Unmacht reviewed the events of the past several months up to the present on the Downtown Development Project and the details of the Development Contract and Assessment Agreement with P.F., Inc and the Purchase Agreement with James Keenan. Councilmember Scott questioned some wording on the Development Agreement with P.F. Inc. City Manager Unmacht stated that the document had been prepared by Mary Ippel of Briggs and Morgan and he would discuss the questions with her. More discussion followed. MOTION MADE BY WHITE, SECONDED BY IARSON, TO APPROVE THE 'P.F., Jnc DEVELOPMENT AGREEMENT BETWEEN P & F INC., AND THE CITY OF PRIOR Af}/l-eemen;t LAKE CONTINGENT UPON CITY LEGAL COUNSEL REVIEW AND APPROVAL~~) PRIOR TO EXECUTION BY MAYOR AND MANAGER. A~e~~ Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE 'P.F., Jnc. ASSESSMENT AGREEMENT BETWEEN P.F., INC AND THE CITY OF PRIOR LAKEA~~e&nen;t CONTINGENT UPON CITY LEGAL COUNSEL REVIEW AND APPROVAL PRIOR TO Af}/l-eemen;t EXECUTION BY MAYOR AND MANAGER. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott White, the motion passed unanimously. and MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE PURCHASE AGREEMENT BETWEEN JAMES C. AND KAREN A. KEENAN AND CITY OF PRIOR LAKE CONTINGENT UPON CITY LEGAL COUNSEL REVIEW APPROVAL PRIOR TO EXECUTION BY MAYOR AND MANAGER. THE , Jnc. THE 'Pwu:.hiMe AND Af}/l-eemen;t Keenan 'P /to PvU:.v- and Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott White, the motion passed unanimously. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO AUTHORIZE MAYOR~utiw~~~ AND CITY MANAGER TO SIGN THE DEVELOPMENT AGREEMENT, ASSESSMENTM~o/t ay AGREEMENT AND PURCHASE AGREEMENT BETWEEN P. F., INC, JAMES C. AND;to ~i.-!J17- KAREN A. KEENAN AND THE CITY OF PRIOR LAKE CONTINGENT UPON REVIEW A~~M-1men;t AND APPROVAL BY LEGAL COUNSEL. Af}/l-eem~ , 'P. o. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was the continuation of a Public 'PH Hearing on Walker Avenue. The Public Hearing was called to orderW~~ at 9:17 p.m. by Mayor Andren. City Manager Unmacht stated that Ave this hearing had been deferred several times since November because the vacation was contingent upon execution of the Development Agreement, Assessment Agreement and Purchase Agreement with P & F., Inc. and James C. and Karen A. Keenan. He 3 Minutes of the Prior Lake city Council May 2, 1988 then reviewed the two issues relating to the Walker Avenue vacation of (1) Lot 4 as part of P & F Inc., Development Project and (2) Lots 5 and 6 pertaining to the Keenan property. Discussion followed with regard to tabling the vacation hearing until May 16 after all documents have been signed. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO WALKER AVENUE VACATION OF LOTS 4, 5 AND 6 UNTIL THE MAY COUNCIL MEETING. TABLE THE 'PH 16, 1988 ;tabled UILi:..U. 5/16/88 and Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott White, the motion passed unanimously. The next order of business was to Approval and Developer's Agreement Addition P.U.D. consider Approval the Final Plan for Harbor Beach City Planner Horst Graser presented the details of the last phase of the Harbor Beach Development and stated that the Developer's Agreement is required for the installation of utility lines. Mr. Graser then displayed a map and drawing indicating the utility easement lines and proposed development. Discussion followed. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPROVE HARBOR BEACH ADDITION FINAL PLAT. THE F.inal. 'Pla;t HCl/tbo/l. Beac and Addn. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott White, the motion passed unanimously. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPROVE DEVELOPER'S AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND HARBOR BEACH ADDITION DEVELOPER. THE Deve1.ope/l. Af}/teement THE HCl/tbo/l. Beach Devel..opnem. and Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott White, the motion passed unanimously. A short recess was called. The meeting reconvened at 9:26 p.m. The next order of business was review of the second draft of the ~amb~ Gambling Ordinance. Gambling Manager for the VFW, Gary Allen, O~ance was present to comment on some of the proposed changes. Lengthy 2nd D/l.att discussion followed regarding the proposed 3% gambling tax levy. Council directed Staff do more research on the proposed options and return with more information. The next order of business was the discussion of the Storm Water 5tomn Management Easement Acquisition plan for the Middle School Wa;te/l. Project. City Manager Unmacht reviewed the details pertaining to Man~ement the Storm Water Management Plan and requested direction from the 'Plan Council to proceed with implementation and negotiation with property owners who would be affected by the acquisition. 4 Minutes of the Prior Lake city Council May 2, 1988 MOTION MADE BY WHITE, SECONDED BY SCOTT, TO AUTHORIZE STAFF T05~o~ BEGIN STORM WATER MANAGEMENT EASEMENT ACQUISITION NEGOTIATIONS Wat~ WITH MR . DAVE MCGUIRE AND MR. AND MRS. BENHAM. /fJana.g.ernent:. tplan Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was discussion of the next Council Workshop on Tuesday, May 24 with Mr. Mike Mueller, Area Hydrologist for the DNR. The meeting will begin at 7:00 p.m. and end at 10:00 p.m. Mayor Andren suggested that the Shoreland Management Ordinance should be on the agenda for the Workshop and also requested that legal counsel be present. Councilmember White suggested the subject of hardship criteria for a variance request be discussed with Mr. Mueller. City Manager Unmacht commented on the successful Cities Week and "Earth Day" activities and thanked Assistant City Manager Schmudlach for her hard work on the projects. Assistant City Manager Schmudlach reported on the shadowing program with the 8th grade students and City staff on Monday, May 1, and the presentation at the Middle School by Mayor Andren and City Manager Unmacht to the 7th and 8th graders. The next Council meeting will be Monday, May 16, 1988 at 7:30 p.m. There being no further business, the meeting adjourned at 10:15 p.m. by general consent of the Council. vid J. Unmacht ty Manager Dee Birch Recording Secretary 5