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HomeMy WebLinkAbout060688 Regular CITY OF PRIOR LAKE ~ MINUTES OF THE CITY COUNCIL June 6, 1988 The Common Council of the City of Prior Lake met in regular session on Monday, June 6, 1988 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Scott, White, City Manager Dave Unmacht, City Engineer Anderson, Assistant City Planner Garross, Assistant City Manager Schmudlach, and City Attorney Kessel. Councilmembers Fitzgerald and Larson were absent. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the May 16, 1988 meeting were reviewed by Council. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE MINUTES Minutes AS SUBMITTED. Upon a vote taken, ayes by Andren, Scott and White, the motion passed unanimously. The next order of business was consideration of the Consent Agenda as follows: Consent agenda item (d) was requested to be removed by Staff due to not receiving the signed Easement. a) b) c) Approve invoices to be paid Approve the hiring of Maintenance Personnel Approve Developer's Agreement for Kortsch (Shangri-La) Approve Easement Acquisition with Benham Invoices Maintence TrailKortsch Tr. d) Easement MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM (d). Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 The next order of business was a presentation of a Certificate of .. Appreciation to Kathy Gensmer. Assistant ci ty Manager Kay Apprecl.atl.OI Schmudlach spoke of Kathy's contribution to the City's Historical Display stating Kathy as being one of the most instrumental individuals on this project. Kathy Gensmer was present at the Council meeting to accept this Certificate and to thank the City Council. The next order of business was the presentation of awards to the Photo Photo Contest winners. Assistant City Manager Kay SchmudlachContest presented the awards to the following individuals: ADULTS Deidre Olson Elaine Fahrenkamp Larry Clark Valorie Humbert Grand Prize First Place Second Place Third Place MIDS Dan Broderick Danny Mahowald Seth Peterson Karen Weber Grand Prize First Place Second Place Third Place CHILDREN Naomi Clark Grand Prize The city council viewed the photographs and thanked all the Public participants. Hearing Pleasant St The next order of business was a Public Hearing on the Pleasant Improvement Street Public Improvement Project. Mayor Andren called the Project Public Hearing to order at 7:45 p.m. and read the public hearing notice as it appeared in the Prior Lake American on May 23, and May 30, 1988. Mayor Andren stated that a vote on the Resolutions (88-35 and 88-36) could not occur at this meeting because of the lack of the necessary Councilmembers present to vote on the Resolution for passage. City initiated improvement projects require a four-fifths vote of the Council for passage. City Manager Unmacht stated that several weeks ago Staff made a presentation to the Council concerning the status of the Municipal State Aid Project System, the total dollar expenditures and the amount of money needed to be expended in order to avoid a new calculation in our apportionment. Staff was given by the Council at that time direction to proceed with the Pleasant street Project. City Engineer Anderson stated that the purpose of the project was to provide improved traffic circulation in the downtown area andPurpOS~ to implement a project that was identified as needed more than 100f ProJect years ago. City Engineer Anderson presented a preliminary plan which was done in 1980. Anderson stated that this project dates back to 1977 and was proposed to be extended at that time. The project never was completed due to the lack of funding. 2 The improvement will consist of a 44' wide street with parking on both sides of the roadway, it would have a sidewalk on the North side from Main Avenue to Trunk Highway 13. The improvement would also mean the extension of water service to Lot 1, Block 3. The existing water service does not comply for ultimate development. The project will relocate the driveway that currently is on Highway 13 and provide access to the Hardware store, Video store and Liquor store by relocating that access to the proposed Pleasant street. The intersection of Pleasant street and Main Avenue would become a three-way stop to control traffic. The estimated cost for this improvement is approximately Estimated $70,000.00. The cost of the water main extension is estimated tOCost be $7,735.00. It is proposed that the all the costs, with the exception of the water main, would be paid for by the use of Municipal state Aid Funds and the balance of the project cost forMSAF the water main would be paid for by the property owner. It is proposed that the water main be paid over a five year assessment. The City will be requesting that a waiver of pUblic hearing be signed by Mr. Tupy for the extension of the water main. Mayor Andren opened the floor to anyone wanting to ask questions or comment on the proposed improvements. Pleasant street Residents Patrick Heaney and Lidy Flom stated Pleasant St questions and concerns they had regarding circulating traffic, Residents the on street parking causing difficulty in having access to their driveways and several other issues. The Public Hearing is on tape and available for listening at the city Manager's Office. Council discussion occurred. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO TABLE PLEASANT STREETrabled PUBLIC HEARING UNTIL JUNE 20, 1988. Public Hearj Upon a vote taken, ayes by Andren, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 8:30 p.m. The next order of business was a Public Hearing on Duluth Avenue Public Improvements, Resolution 88-36, Project 88-21. Mayor AndrenHearing on called the public hearing to order at 8: 31 p.m. and read the Duluth Ave. public hearing notice as it appeared in the Prior Lake American on May 23, and May 30, 1988. City Engineer Anderson presented details on the overhead on the Duluth Avenue Improvement Project. Traffic circulation, property Purpose acquisitions, existing properties, cost of the project, and relocation assistance were addressed by City Engineer Anderson. 3 steve Collins, resident of Colorado street, requested the City purchase his property and relocate his residency. Mr. Collins iSCollins concerned with the high volume of traffic, the noise and air pollution. Mr. Collins stated his concern for the safety of his family living only 18' from the roadway. Council discussion occurred. MOTION MADE BY WHITE, SECONDED BY SCOTT TO TABLE THE DULUTH Tabled AVENUE IMPROVEMENT PUBLIC HEARING UNTIL JUNE 20, 1988. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. The next order of business was a Public Hearing to adopt Public Resolution 88-37, Restricting Hours for Sprinkling. Due to theHearing dry weather and high temperature the City's water supply has been Sprinkling operating continuously using approximately 2.85 million gallons Ban of water a day. Councilmernber White suggested that Staff make an amendment to the Resolution, stating that, any new sod laid within the past 60 Amendment days and any laid in the future from the date of this Resolution shall not be affected by this sprinkling ban. MOTION MADE BY WHITE, SECONDED, BY SCOTT TO APPROVE RESOLUTION f<; ,r-J'-3'] 88-37 RESTRICTING HOURS FOR SPRINKLING, PROVIDING THAT THE Motion RESOLUTION STATE THAT ANY NEW SOD LAID WITHIN THE PAST 60 DAYS AND ANY LAID IN THE FUTURE FROM THE DATE OF THIS RESOLUTION SHALL(Sod) NOT BE AFFECTED BY THIS SPRINKLING BAN. Upon a vote taken, ayes by Andren, Scott and White, the motion passed unanimously. The next order Commission of a Unmacht stated Council. of business is an appeal from the Planning Appeal Conditional Use Permit Application. City Manager the reason this item is being brought before the Jan Brixius, 4032 West 82nd in Bloomington, also the owner of Brixius 16559 Dunkirk Avenue S.W., addressed the Council with information regarding her Conditional Use Permit Application denial. Brixius read several letters and documents pertaining to the property on 16559 Dunkirk Avenue S.W. stating that the dwelling has always been a two-family dwelling. Extensive Council discussion occurred on this appeal which involved the existing dwelling and its past usage as a duplex. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE Motion CONDITIONAL USE PERMIT WITH THE FOLLOWING STIPULATIONS: THAT IF THE PROPERTY IS SOLD AND/OR CHANGES OWNERSHIP THAT THE CONDITIONAL USE PERMIT BECOMES VOID, AND/OR IF ITS 50% DESTROYED THE CONDITIONAL USE BECOMES VOID, AND THERE IS A 10Stipulatiom YEAR TIME LIMIT ON THE CONDITIONAL USE PERMIT APPLICATION. Upon a vote taken, ayes by Andren, Scott and White, the motion passed unanimously. 4 The city Council would like to state for the record that this Conditional Use Permit approval does not set a precedent for this action and that this is an exceptional case. with the information submitted by Jan Brixius they feel that allowing in this case for a two-family dwelling in a R1 Zoning District would reasonably fall under a grandfather clause. A short recess was called. The meeting reconvened at 9:45 p.m. business was a continuation of Public Hearing . Vacation, Resolution 88-21. City ManagerPubl~c Ci ty Council on the Walker Avenue proj ect. Hearl.ng on Walker Ave. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO TABLE THE WALKER AVENUE VACATION PUBLIC HEARING UNTIL JUNE 20, 1988. THE ITEM WAS Motion TABLED BECAUSE A STREET VACATION REQUIRES AT MINIMUM A Tabled FOUR-FIFTHS VOTE OF THE COUNCIL. The next order of on Walker Avenue Unmacht updated the Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. The next order of business is to consider the Third Draft of the Outdoor Concert Ordinance 88-03. City Manager Unmacht updated Third Draft Council on the new information inserted into the Ordinance. Outdoor Assistant City Manager Schmudlach reviewed the changes made on Concert the Ordinance. Discussion occurred. Ord. 88-03 Mayor Andren asked that Council consider putting this item on the June 20, 1988 City Council Consent Agenda due to the absentees of Councilmembers Fitzgerald and Larson. The next order of business was to consider the Third Draft of the Gambling Ordinance 88-04. Councilmember Whi te requested that Third Draft Council table this item until July 5, 1988 due to the information Gambling On pending from the League of Minnesota cities Conference to be held 88-04 Thursday, June 9, 1988. The next order of business was to consider the recommendations for the Watershed District Board. City Manager Unmacht stated W~ter~hed that the purpose of this item was to consider making a Dlstrlct recommendati.on to the Scott County Board regarding the Board appointment of members to the Board of Managers for the Prior Lake-Spring Lake Watershed District. Staff of the Prior Lake-Spring Lake Watershed District Board Don Benson, addressed the Council stating that Council should Don Benson consider recommending Richard Heinz and Andrew Franklin. Staff was directed by Council to check with the Administrator as to advertising for the appointment recommendations were made at this time. Council to advertise the vacancies to the general public. Scott County openings. No Scott Co. directed Staff The next order of business is to consider a Full-time Building 1 Inspector/Code Enforcement position. City Manager Unmacht Bui ding updated Council on the position opening and reasons for extending Insp/Code the position to Full-time. Discussion occurred by the Council. Enforcement 5 ,'/ .,.' l"'.yl. uS.-"L.-.. 5 <:;:;;I,'../.<f. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE " FULL-TIME BUILDING INSPECTOR/CODE ENFORCEMENT OFFICER POSITION. Mot1on Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. The next item of business is to discuss the Council/Staff Summer W k h Workshop Schedule. City Manager Unmacht briefly discussed theso~ ~~p future scheduling of the Workshops. Mayor Andren stated that at c e e this time she did not feel that a schedule should be made due to Councilmember Fitzgerald and Larson's absence. Staff was directed to individually notify Councilmernbers on their Workshop preference. The next order of business is to Consider Approval of the LiquorL" Licenses for 1988-1989. The Liquor Committee met at 6:30 p.m. :quor and made the recommendation that as per agenda item #15 thatL1cense Council approves all listed Liquor License Applications. They are as follows: ON-SALE INTOXICATING LICENSE Extra Innings Hollywood Inn T.J. Hooligan's First Frame dba Prior Place McWillie's on the Lake On-Sale MOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE ON-SALE INTOXICATING LICENSES. Approved Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. SUNDAY LIQUOR LICENSE Extra Innings Hollywood Inn T.J. Hooligan's First Frame dba Prior Place VFW Post #6208 McWillie's on the Lake Sunday MOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE LIQUOR LICENSES. SUNDAY A d pprove Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. OFF-SALE INTOXICATING LICENSE Dakota Liquor Extra Innings Gast's Wine and Spirits Junction Liquor Viking Liquor Off-Sale 6 MOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE OFF-SALE Approved INTOXICATING LICENSES. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. OFF-SALE NON-INTOXICATING LICENSE E-Z stop Store Hauser's IGA Holiday Stationstore #198 P.D.Q. Store Express Gas and Groceries Tom Thumb Off-Sale Non-Intox. MOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE OFF-SALE Approved NON-INTOXICATING LICENSES. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. CLUB LICENSE VFW Post #6208 Club MOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE THE CLUB Approved LICENSE. Upon a vote taken, ayes by Andren, Scott, and White, the motion passed unanimously. The next order of business is an update from Council on the Workshop Workshop with the DNR. City Manager Unmacht spoke of the meeting Mike Mueller of the DNR had with the City Council. DifferentDNR subjects were discussed, but one subject that was of main concern was the interpretation of the Shoreline Management Ordinance, Sect. 9.3. section 9.3 B1 A thru E. Unmacht stated that Staff is awaitingB1 A-E formal correspondence from Mueller. Councilmember White stated the important need for a Full-timepostion temporary person to input all property information into the for inputtir computer for the Planning Department. Councilmember White Property Inf directed Staff to look into this position for consideration by the Council in the future. The next Council meeting will be Monday, June 20, 1988 at 7:30Adjourn p.m. There being no further business, the meeting adjourned at 10:30 p.m. by general consent of the Council. Dee Birch Recording Secretary 7 ~ AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: SUMMARY: (612) 447.4230 CITY OF PRIOR LAKE 15 STAFF APPROVE LIQUOR LICENSE JUNE 6, 1988 The revenue from the 1988-1989 Liquor Licenses is as follows: ON-SALE INTOXICATING LICENSE ($4,750.00) Extra Innings Hollywood Inn T. J. Hooligan's First Frame dba Prior Place McWillie's on the Lake $ 23,750.00 SUNDAY LIQUOR LICENSE ($200.00) Extra Innings Hollywood Inn T. J. Hooligan's First Frame dba Prior Place VFW Post #6208 McWillie's on the Lake $ 1,200.00 OFF SALE INTOXICATING LICENSE ($150.00) Dakota Liquor Extra Innings Gast's Wine and Spirits Junction Liquor Viking Liquor $ 750.00 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 NOTE: OFF SALE NON-INTOXICATING LICENSE ($50.00) E-Z stop Store Hauser's IGA Holiday Stationstore #198 P.D.Q. Store Express Gas and Groceries Tom Thumb $ 300.00 CLUB LICENSE ($650.00) VFW Post #6208 $ 650.00 TOTAL $ 26,100.00 Lone Pine Country Club has submitted an application Intoxicating and Sunday Intoxicating Licenses, however, investigation is still in process. When all paperwork investigation has been completed this issue will presented to the Council at a later date. for the and be The B & 0 Bar have been contacted numerous times, they have not submitted the money or application forms to date, therefore, they have been omitted from this report.