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HomeMy WebLinkAbout071888 Regular CITY OF PRIOR LAKE ~ MINUTES OF THE CITY COUNCIL JULY 18, 1988 The Common Council of the City of Prior Lake met in regular session on Monday, July 18, 1988 at 7:30 p.m. in the city Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, Scott, White, city Manager Unmacht, City Engineer Anderson, City Planner Graser, Assistant City Manager/Economic Development Director Schmudlach, Director of Parks and Recreation Mangan, 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 July 18,1988 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, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was consideration of the Consent Agenda as follows: Invoices Authorizing Lawrence Berglund Rs88-38 Berglund Bldg. Perm DogCatch Fire & Res Police Treasurers for "Yankee Classic" 3.2 Beer Yankee Classic MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE THE Consent AgIl CONSENT AGENDA ITEMS (a) THRU (h). a) b) c) d) e) f) g) h) Invoices to be paid Approve Resolution 88-38, Assessment Refund Approve Building Permit Report Approve Dog Catcher's Report Approve Fire and Rescue Report Approve Police Report Approve Treasurer's Report Approve 3.2 Temporary Beer Permit Softball Tournament 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 Minutes of the Prior Lake city Council July 18, 1988 The next order of business was presentation of a certificate of Ramona Appreciation to Ramona Hennen. city Manager Unmacht welcomed Hennen Ramona and expressed his appreciation and gratitude on behalf of Apprec. all city staff for the work which she and her family had providedCertif over the past years. Mayor Andren presented Mrs. Hennen with a certificate of Appreciation from the City council for her hard work and dedication. The next order of business was Discussion on DNR Public AccessPublic Development. City Manager Unmacht stated that due to the City Access Council's request for further review of the safety aspects in connection with the proposed access and public swimming beach, this item had been placed on the agenda for discussion. DNR Representative, Del Barber, was present to answer questions and explain the DNR's plans for the site. Mr. Barber reviewed accident records of other lake accesses adjacent to swimming beaches. Mr. Barber stated that the completion date for the access is anticipated to be during the 1989 construction season. Extensive discussion followed regarding boat traffic and boating. Parks and Recreation Director Mangan answered questions regarding attendance at Sand Point Beach. Councilmember Larson expressed strong concern over the safety and control of the proposed access area. Torn Busse, 4453 Dakota Street, expressed concern over the safety factor at Sand Point Beach when the access is installed. Extensive discussion followed. Johnny Daniel, 4385 Colorado street, questioned Mr. Barber regarding water depth at the proposed access in relation to the swimming beach area. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO AMEND HIS Public PREVIOUS MOTION MADE AT THE JULY 5 COUNCIL MEETING WHICH READ: Access "TO DISCUSS THE CONSIDERATION OF FORMING A TASK FORCE TO REASSESS Task Force THE LOCATION OF THE PROPOSED PUBLIC ACCESS AT SAND POINT BEACH." TO BE AMENDED TO READ AS FOLLOWS: CITY COUNCIL TO FORM A TASK FORCE TO ASSESS THE SAFETY ASPECTS OF LOCATING A PUBLIC BOAT LAUNCH FACILITY; THE ANTICIPATED USE AND THE IMPACT OF THIS FACILITY ON THE ADJACENT PUBLIC SWIMMING BEACH; OBTAIN FROM DIRECTOR MANGAN THE PROJECTED USE OF THE PARK; OBTAIN THE PROJECTED USE OF THE PROPOSED ACCESS FROM THE DNR, AND REPORT BACK TO COUNCIL AS TO THEIR RECOMMENDATIONS WITHIN NINETY DAYS. City Manager Unmacht stated he would present an outline of areas to be researched for the task force at the next meeting, along with supporting documentation, to provide the Council an opportunity to review the organization of the task force prior to its implementation. 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 8:45 p.m. 2 Minutes of the Prior Lake City council July 18, 1988 The next order of business was Review Planning commission Reeds Decision on Reed's Island Variance Application. City Managerlsl~nd Unmacht reviewed the details of the request and the decision ofVarlance the Planning Commission. Counci1member Fitzgerald stated that he felt the Council should review the Planning Commission's decision on Reed's Island variance, and requested Attorney Kessel's opinion on the matter. Attorney Kessel responded that the Council has an inherent right to review the Planning commission decision as the Council is the ultimate legislative body. Councilmember Fitzgerald had four concerns: (1) whether the facility for Reeds Island, Inc. is being developed as one dwelling, (2) evaluation of previous discussions and actions already taken on Reeds Island, if any; (3) comparison of the public utility aspect between Twin Isles and Reeds Island, Inc.; and, (4) whether Council should consider incorporating provisions to assure the facility will be used as a single family dwelling as specified in a R-1 district, but if the facility is to be used for other purposes, then a conditional use permit should be obtained. Mayor Andren questioned city Attorney Kessel on a legal interpretation: if a dwelling is a permitted use then can the building permit be denied, or if there is a question as to whether the usage is other than that specified in a R-1 district can it be specified as a conditional use? Discussion occurred on this question. Additional discussion followed regarding the distinction between Twin Isles public utility use and Reed's Island, Inc. Tom Watkins, 5242 Frost Point circle S.E., addressed the Council regarding whether the facility would be used as a club or a private dwelling, and the appropriateness of a conditional use permit. Attorney Bryce Huemoeller, representing Reeds Island, Inc. addressed the Council regarding the Planning Commission's ruling which approved a variance for the construction of a dwelling. Extensive discussion followed regarding the definition of a dwelling and the development of the island. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO: (1) ASSESS THE Reeds DEFINITION OF A DWELLING AS IT RELATES TO REEDS ISLAND, INC. AND Island RESEARCH MINUTES WHICH MIGHT RELATE TO THE INSTALLATION OF PUBLIC UTILITIES TO THE ISLAND; (2) CONSIDER REVIEW OF THE VARIANCE ITSELF AND VARIANCE GRANTED, AND RECONSIDER OR ADD TO VARIANCE; (3) OBTAIN A LEGAL OPINION REGARDING THE CONDITIONAL USE ASPECT AS IT RELATES TO REED'S ISLAND AND, (4) CONSIDER AMENDING THE ZONING CODE WITH REFERENCE TO THIS ISSUE, AND HOLD A DECISION ON THE BUILDING PERMIT IN ABEYANCE UNTIL THESE ISSUES CAN BE ADDRESSED. 3 Minutes of the Prior Lake City Council July 18, 1988 Discussion followed regarding the issuance of a variance. Dan Milligan, 5206 Frost Point Circle, re.quested clarification of why signs posted on Reeds Island read "Arrow Point Association, Private Property" if the Island is owned by Reeds Island, Inc. George Koblas, 5201 Frost Point Circle S.E., also addressed the Council and requested a definition of a dwelling. It was suggested that City staff identify when and how many permits have been issued for only a kitchen and bath. More discussion followed. Mayor Andren requested that a time limit be set to prevent delay of the construction. City Manager Unmacht suggested that the issue be placed on the August 1 agenda to enable Staff to conduct thorough research. Councilmember Larson requested that staff research the date and quantity of building permits issued by the City which consisted of only a kitchen and a bathroom. Extensive discussion followed. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, nay by White, the motion carried. A short recess was called. The meeting reconvened at 10:00 p.m. Mayor Andren requested it be noted for the record that the City Council agrees that the Planning commission did an excellent job on the variance decision for Reeds Island, Inc. and that the information which was presented tonight (7/18/88) was not the same information presented at the Planning Commission meeting. The next order of business was Consider Fourth Draft of GamblingGam~ling Ordinance. City Manager Unmacht explained the changes and whyOrdlnance they had been made. Mayor Andren and Councilmembers reviewed the 4th Draft Ordinance page by page. Councilmember Scott had a question on the wording of Section 3-8-11 and the absence of the mention of pull tabs. Council directed Staff to place the Gambling Ordinance on the Consent Agenda after further review on this section. The next order of business was Approve Plans and Specifications Pleasant for Project 88-20 Pleasant Street - Resolution 88-40. City~tr~et 2 Engineer Anderson discussed details of the project and stated rOJ 88- 0 that the connecting costs from Pleasant Street to County Road 21 would be incurred by Scott County. Completion date for Pleasant Street, with the exception of the final bituminous paving, is expected to be October 1, 1988, and total completion by July 1, 1989. Mayor Andren had been asked by the Pleasant street 4 Minutes of the Prior Lake city council July 18, 1988 residents to inquire as to when the stop sign will be installed, and would Pleasant street and County Road 21 be opened at the same time, and where will the stop sign be placed on Pleasant street and Main Avenue? Engineer Anderson addressed the questions and stated that he would be happy to meet with the Pleasant street residents before a decision has been made on these questions. A short discussion followed. Pleasant St MOTION MADE BY LARSON, SECONDED BY WHITE, TO APPROVE RESOLUTION p~S 88-40 88-40 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND& ~ns ORDERING ADVERTISEMENT FOR BIDS FOR PLEASANT STREET (PROJECT A pee 1 88 20) pprova - . Proj 88-20 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Under Other Business, Councilmernber Larson discussed his tour of the water tower, pump house and green house, and suggested other Councilmembers visit these facilities when they have an opportunity. Councilmember Fitzgerald raised the subject of a dedicated roadway at Shady Beach Trail and requested that Council direct the City Attorney to research the title and ascertain the status of the property. Discussions followed on what actions could be taken with regard to signs on the property to prevent the roadway from being used as a public access. City Manager Unmacht announced that Susan (Meyer) Whipps had resigned her position and would be leaving on July 28. Rita Schewe has been hired to replace Ms. Whipps. Mayor Andren suggested that a Resolution commending Ms. Whipps be prepared by City Staff. City Engineer Anderson stated that the flume at the willows Beach had been repaired with rip rap and, also, that 38 storm sewer outlets and flumes had been inspected in areas around the lake, and that the Engineering Department is seeking practical solutions to repair the flumes. The next Council meeting will be Monday, August 1, 1988 at 7:30 p.m. There being no further business, the meeting adjourned at 10:35 p.m. by general consent of the counCilij aVld J. Unmacht ity Manager J Dee Birch Recording Secretary