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HomeMy WebLinkAbout070588 Regular CITY OF PRIOR LAKE ~ MINUTES OF THE CITY COUNCIL JULY 5, 1988 The Common Council of the city of Prior Lake met in regular session on Monday, at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, Scott and White, City Manager Dave Unmacht, City Engineer Larry Anderson, City Planner Horst Graser, Assistant City Manager Kay Schmudlach, and Shari Ulland from the City Attorney's Office. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the June 20, 1988 Council. meeting were reviewed by MOTION BY SCOTT, SECONDED BY WHITE, TO APPROVE THE MINUTES AS Minutes SUBMITTED. Upon a vote taken, ayes by Andren, Scott, Fitzgerald, Larson and White the motion passed unanimously. The next order of business was consideration of the Consent Consent Agenda as follows: f) g) h) a) b) c) d) e) Invoices to be Paid Approve Economic Development Committee Reappointments Approve Scott County Assessment Agreement Approve Outdoor Concert License Fee Receive information on Prior Lake Celebrate Minnesota 1990 Festival Consider final payment for Project 87-13, Well Approve Temporary Data Entry Planning position Approve 2nd Quarter Budget Report Invoices EDe Appts. Cnty Assmt Outdor Cone and Centennial Celebration Number 5 Proj 87-13 Temp Data P 2 Qtr Budgt Centennial MOTION MADE BY LARSON, SECONDED BY SCOTT, TO APPROVE THE AGENDA ITEMS (a) through (h). CONSENT Consent Agenda Upon a vote taken, ayes by Andren, Scott, Fitzgerald, Larson and White the motion passed unanimously. 1 (612) 447-4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 The next order of business was to consider Lawrence Berglund Berglund Assessment Refund. City Manager Dave Unmacht reviewed the Assessment history of the assessment refund for the city Council. Unmacht Refund stated that this item was initiated by an application for a Building Permit and after site visits and review of the situation an application for a Variance was submitted to the Planning Commission and that Variance was denied. As a result, Mr. Berglund is not appealing the Variance denial, however, he is requesting a refund of a sewer and water assessment which was paid in 1977. Mr. Berglund stated that he has been paying taxes on this parcel since he purchased it and he paid the assessments on the parcel in 1977. Mr. Berglund requested the money be refunded to him with interest. city Planner Graser reviewed details of the lot and the assessments paid by Berglund. At this time Mayor Andren opened the floor to any questions or discussion on this issue. Extensive discussion occurred with Mr. Berglund, Councilmembers and Staff. The City Council directed Staff to place this item on the Consent agenda for July 18, 1988. The general consensus is that the $1,771.00 be returned to Mr. Berglund, but the Council would like to express their position in the form of a Resolution. Agenda item #5 Consider Stephen Tanner Proposal was tabled until July 18, 1988. City Manager Unmacht did not receive the information from Mr. Tanner on time, consequently Staff has not had the opportunity to review this item. Tanner Proposal for Downtown The next order of business was to consider the Sign Variance P.F. Inc appeal of P.F. Inc. City Manager Unmacht stated the reason for Sign the sign variance appeal to the Council is a result of the Variance Planning Commission's decision on a sign variance application submitted by P.F. Inc. Mr. Jim Filippi of North Star Engineering, represented P.F. Inc. Fillipi stated the reasons he feels that the sign variance denial should be reconsidered by the city Council. Most of the other businesses along Highway 13 in Prior Lake are Zoned B-3 and generally do obtain 30' sign heights. After further detailed explanation from Mr. Filippi, Mayor Andren opened the floor to questions and discussion from the Council. Further discussion and questions from the Council occurred with regard to the height of the sign in accordance with the sign ordinance and with the square footage of the sign as proposed within the application. MOTION BY LARSON, SECONDED BY WHITE, TO UPHOLD THE PLANNING Sign Var. COMMISSION'S DECISION TO DENY THE SIGN VARIANCE APPLICATION. for P.F. Denied Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White the motion passed unanimously. 2 A short recess was called. The meeting reconvened at 8:37 p.m. The next order of business was to consider an administrative plat Sandra appeal of Sandra Breeggemann Administrative Plat Application. Breeggemann Mayor Andren stated that the City's ordinance requires that if Admin. anyone objects to a subdivision on an administrative plat Plat application then it is referred to the Council for review. Mayor Application Andren read a letter submitted to the City by Ms. Mildred Borchardt and ask if she was present. She was not present at the meeting. Mayor Andren asked for additional comments from Council on the administrative plat appeal. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE THE Breggeman ADMINISTRATIVE PLAT OF SANDRA BREEGGEMANN. Admin. Plat Approved Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White the motion passed unanimously. The next order of business was to consider Watershed Board Watershed candidates for recommendation to the Scott County Board. City Board Manager Unmacht stated that on June 6, 1988 Don Benson was Candidates present to discuss with the Council the status of the Prior Lake-Spring Lake Watershed Board of Managers' vacancies. At that time there were two interested candidates: Andrew Franklin and Richard Heinz. At that time Council directed Staff to advertise in the local paper to find out if there were any other interested candidates. As stated in the Council Staff Report there were 6 interested candidates in all. At this time Mayor Andren opened the floor to anyone who wanted to speak on their behalf. James Weninger, one of the six candidates who submitted a letter of interest, presented himself to the Council stating that he has been very actively involved in the Spring Lake Improvement Association and different civic groups. He also expanded on his background with regard to his interest in improving water conditions and our natural resources. At this time Mayor Andren called for any questions or comments from the Councilor audience. MOTION BY FITZGERALD, SECONDED BY, LARSON TO RECOMMEND TO SCOTT Recommend- COUNTY THE REAPPOINTMENT OF ANDREW FRANKLIN AND GIVEReappointmn CONSIDERATION TO JAMES WENINGER, RICHARD CUSHING, AND RICHARD for Water HEINZ FOR THE REMAINING OPEN SEAT ON THE PRIOR LAKE-SPRING LAKE Shed Board WATERSHED DISTRICT BOARD. Upon a vote taken, ayes Andren, Fitzgerald, Larson, Scott, and White the motion passed unanimously. The next order of business was to consider the third draft of the Gambling Gambling Ordinance. Mayor Andren stated that this item wasOrd. -3rd delayed for two reasons. One was the absence of two Draft Councilmernbers at the June 6, 1988 meeting and second to await additional information from the conference held by the League of 3 Minnesota cities. At this time Mayor Andren turned the floor over to Councilmember White. Councilmember White spoke in favor of active city regulating of local Charitable Gambling activities. After extensive discussion by Council, the City council directed Staff and legal Counsel to make further changes to the third draft of the Gambling Ordinance and have the fourth draft be considered at the July 18, 1988 City Council meeting. The next order of business was to consider a Constitutional Challenge to the Tax Bill. City Manager Unmacht stated that the Association of Metropolitan Municipalities has been asked by the Municipal Legislative Commission to consider joining them in a Constitutional Challenge to one portion to the Omnibus Tax Bill of 1988. City Manager Unmacht requested Council to give direction to the Board on what the City of Prior Lake's position is relative to this issue. Unmacht passed out a more detailed description of what disparity reduction aid is and briefly explained what it means. After a brief description, City Manager Unmacht requested Mayor Andren to open the floor for questions and discussion. ConstitutoD Challenge to Tax Bill After discussion by Council it was general consensus that an organized, effective lobbying effort is the tool that we need to generate a response, rather than litigation on this matter. The next order of business was an update on the Highway 13 Highway 13 information meeting held on June 30, 1988. City Manager Unmacht Update briefly updated Council on Staff's upcoming meetings scheduled over the next couple of weeks. City Engineer Anderson stated that he has a meeting scheduled for July 18 with the MnDot District Engineer so they can review the responsibilities of the state and City related to a Cooperative Agreement. Assistant City Manager Kay Schmudlach added that the Highway 13 Task Force was really pleased with the outcome of the meeting, stating that they felt progress has been made with the improvement projects for Highway 13. She stated that the next Highway 13 Task Force meeting will be held on July 11. The Implementation Committee has focused mostly on the design aspects of Highway 13, but anticipates requesting funds for the budget to look into the other recommendations, including education and publicity. The next order of business was under Other Business. city Duluth Engineer Anderson briefed the Council on the status of the Duluth Ave Avenue Project 88-21. At the June 20, 1988 meeting when the Project public hearing was held City Engineer Anderson was unaware of the 88-21 requirements of the State that were available to property owners involved in the property acquisition for this project. The City may have responsibility to cover relocation assistance, reimbursement for interest rate difference and appraisal and title fees. After further explanation and discussion city Engineer asked the Council for questions and comments. 4 Council had questions regarding the interest reimbursement and the limitations on the reimbursements. council also had general concern regarding the total cost of the project with the land acquisitions and other expenses now added. It was a general consensus by Council that Mr. steve Collins obtain two appraisals, one for the entire parcel and a second one for the easement acquisition with the fee reimbursement to be negotiated. No decision was made on the Project until after the appraisals are finished. Also under Other Business, Councilmember Larson commented on the DNR development of the DNR Access near Sand Point Beach. He felt Access that the existing conditions were potentially unsafe to children, ~a~d with future boats launching there. Councilmember Larson olnt suggested that the access that is scheduled to begin this year Beach could be unsafe. Councilmember Larson proposed that the City form some type of a Task Force to reassess whether or not we should locate an access close to Sand Point Beach and further to interact with the DNR regarding its development until all areas of concern are investigated and reported back to the Council. MOTION MADE BY LARSON, SECONDED BY, FITZGERALD TO DISCUSS THE Task Force CONSIDERATION OF FORMING A TASK FORCE TO REASSESS THE LOCATION OF for DNR THE PROPOSED PUBLIC ACCESS AT SAND POINT BEACH. Access Sand Point Extensive discussion by Council and Staff occurred. Beach MOTION BY WHITE, SECONDED BY FORMING A TASK FORCE TO REASSESS ACCESS LOCATION UNTIL A DECISION MEETING. FITZGERALD TO POSTPONE A VOTE ON THE SAND POINT BEACH PUBLIC ON THIS CAN OCCUR AT THE NEXT Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White the motion passed unanimously. In addition, under Other Business City Manager Unmacht requested the Council hold a closed session regarding the Titus II Litigation. The regularly scheduled Council meeting adjourned at 10:38 p.m. id J. Unmacht y Manager Susie Whipps Recording Secretary 5