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HomeMy WebLinkAbout080188 Regular CITY OF PRIOR LAKE ~ MINUTES OF THE CITY COUNCIL August 1, 1988 The Common Council of the City of Prior Lake met in regular session on Monday, August 1, 1988 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, Scott, White, City Manager Unmacht, City Planner Graser, Assistant City Planner Garross, Assistant City Manager Schmudlach, 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 LARSON, SECONDED BY WHITE, 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 Consent Agenda as follows: a) Approve Invoices To Be Paid Invoices b) Approve Refuse Hauler Permits Refuse Hlr c) Approve Gambling Ordinance 88-04 Gamb Ord d) Approve Final Payment for carriage Hill Road Project Proj 8814 87-14 3.2 Beer e) Approve Temporary 3.2 Beer License for Campbell Sports Softball Team Campbell MOTION MADE BY SCOTT, SECONDED CONSENT AGENDA (a) THRU (e). BY FITZGERALD, TO APPROVE THE Consent Agenda (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Minutes of the Prior Lake City Council August 1, 1988 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Consider Appeal of Planning Commission Decision Donald Johnson. Councilmember Larson removed himself from participation due to the fact that he is Mr. Johnson's neighbor. Attorney Norbert Traxler addressed the Council on behalf of the Johnson's. Traxler maintained that there had been a misunderstanding with regard to the three survey monuments. Traxler also discussed other aspects pertinent to the issue. After his presentation Traxler distributed pictures of the storage shed in question. Several questions were directed to Mr. Traxler by Council. Discussion followed on the subject regarding setback requirements, the use of the shed for recreational purposes, complaints from neighbors and property lines. Traxler stated that one neighbor, Russell schmidt, had withdrawn his objection to the storage shed. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO DENY THE APPLICATION FROM DONALD JOHNSON FOR THE VARIANCE REQUEST. Donald Johnson Variance Denied Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, Larson abstained, the motion carried. The next order of business was Consider Resolution 88-39 Requesting The State of Minnesota to Include Highway 13 in Their Major Highway Construction Program. Assistant City Manager Kay Schmudlach introduced two members of the Highway 13 Task Force Implementation Committee who were present, Bob Miller and Linda Blaisdell. Ms. Schmudlach gave an update on the progress of the Implementation Committee, specifically mentioning a three year and a five year work program to identify the tasks to be accomplished by the Committee. Ms. Schmudlach announced that a speed reduction from 55 to 45 mph had gone into effect from County Road 42 to County Road 44, and that new speed signs had been placed on Highway 13. A preliminary plan and a cost estimate is anticipated to be brought before the Council in September for further direction on the Fish Point Road intersection improvement. Discussion of the MnDOT Major Highway Construction Program followed. Linda Blaisdell expressed appreciation to the Council on behalf of the Highway 13 Task Force. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO ADOPT RS88-39 RESOLUTION 88-39 REQUESTING THE STATE OF MINNESOTA TO INCLUDE HWY 13 HIGHWAY 13 IN THEIR MAJOR HIGHWAY CONSTRUCTION PROGRAM. 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 8:13 p.m. 2 Minutes of the Prior Lake City Council August 1, 1988 The next order of business was Consider Jack Haugen Drainage and utility Easement Vacation Application Public Hearing. Mayor Andren called the Public Hearing to order at 8:13 p.m. Assistant City Planner Deb Garross presented a drawing of the proposed site and discussed the details of the request. A short discussion followed. MOTION MADE BY LARSON, SECONDED BY WHITE, TO ADOPT RESOLUTION 88-41 - A RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE EASEMENT WITHIN THAT PART OF THE PLAT OF GATEWAY SHORES. Haugen Drainage Easement Gateway Shores Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY WHITE, SECONDED BY LARSON, TO CLOSE THE PUBLIC PH Closed HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was a discussion on Reeds Island, Inc, development. City Manager Unmacht gave a brief update of the events preceding this meeting. Mr. Unmacht announced that a change had occurred in the position of the applicant; that being a request for a Conditional Use Permit was made by the applicant prior to the Council Meeting. Attorney Bryce Huemoeller, representative for Reed's Island, Inc, addressed the Council with regard to the requested change, however, Huemoe11er maintained that his client was still requesting the immediate issuance of a building permit. Rod Stankovitch, 11309 19th Avenue, Bloomington, Minnesota, a shareholder in Reeds Island Inc, displayed a picture of the island as it is now after the clean up effort by the Corporation. City Attorney Kessel reviewed the findings of Staff since the last meeting. Kessel also stated that this request is unique in that the applicant is a corporation with five shareholders asking for a R-1 single family structure use. Kessel stated that the single family dwelling restrictions could be violated because, in this case, Reed's Island, Inc, is a corporation with five individuals (some with families) and the code specifies that a single family dwelling be occupied and used by not more than four unrelated people or one family. However, the letter from Attorney Huemoeller indicated that devices such as lease agreements or other documentation will be used to prevent violations of the Zoning Code by the shareholders, and in view of this submission, Kessel stated that, in his opinion, the zoning code requirements have been met for single family usage only. Tom Watkins, 5242 Frost Point, Prior Lake, Tom Foster, 5283 Frost Point Circle and George Koblas, 5401 Frost Point Circle also addressed the Council and spoke favorably for the process of a Conditional Use Permit in the development of Reeds Island. Lengthy discussion followed. Evan Shadduck, 4841 N. Beach Street, questioned the depth of the lake around the 3 Minutes of the Prior Lake city council August 1, 1988 island, and what plans had been made regarding sewage. Extensive discussion followed with regard to the size of structure planned, timeframe for building, utility uses and other details relating to the development of Reeds Island. The central discussion was related to the use of the island and the change in the applicant's position in requesting a Conditional Use Permit to operate the island as a club or association. Councilmember Fitzgerald stated for the record that because Reeds Island is truly a unique island he is concerned about the issue, and is of the opinion that these concerns must be addressed under the Conditional Use Process; and that the variance appeal before the Council should be denied until the Conditional Use process is completed. Further discussion followed regarding the use of the property. Reeds Isla MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO TABLE THE Variance VARIANCE REQUEST FOR REEDS ISLAND, INC, PENDING RESOLUTION OF THE Tabled CONDITIONAL USE APPLICATION CURRENTLY IN PROCESS. 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 9:45 p.m. City Manager Unmacht read into the record a short note received during the meeting break withdrawing the pending Conditional Use Permit Application for Reeds Island, Inc, effective as of 9:30 P.M. on August 1, 1988 and signed by Rod Stankovitch, President, of Reed's Island, Inc. Councilmember White questioned City Attorney Kessel as to whether or not the Council had the legal right to withhold the building permit. Attorney Kessel answered that, in his opinion, it is a land use issue and the persons concerned with the issues have left the meeting and that those people should first be notified of the withdrawn application. After further questioning by Councilmember White, Kessel stated that "yes" Council does have the right to deny the request for a building permit at this time. City Manager Unmacht asked Attorney Kessel what action Staff could take if a Reeds Island, Inc, representative came in for a building permit tomorrow? Kessel stated that the permit should be withheld. Mayor Andren wanted it noted that all persons concerned with this issue should be notified of the next meeting. 4 Minutes of the Prior Lake City Council August 1, 1988 The next order of business was to Consider the Format For Formation of Public Access Task Force. The purpose of the Task Force will be to address safety concerns at Sand Point Beach in light of the proposed public access to be developed adjacent to the beach. city Manager Unmacht briefly outlined the proposed charge for the Task Force, number of persons to serve on the Task Force, primary function of the Task Force and methods to be used to let the public know that volunteers are needed to serve on the Task Force. It was a general consensus of the Council that Staff proceed with the format as outlined by City Manager Unmacht. The next order of business was Consider Bids for Community Newsletter Production and Select Name for Newsletter. Assistant Manager Kay Schmudlach discussed the details of the bid process and the results of the bids. Ms. Schmudlach then discussed the names which had been submitted in the contest to name the newsletter. Discussion followed on the selection of a name. MOTION MADE BY SCOTT SECONDED BY ANDREN, TO APPROVE THE LAKE WAVELENGTH AS A TITLE FOR THE COMMUNITY NEWSLETTER. PRIOR Prior Lake Newsletter Wave Lengt Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, nay by Larson, the motion carried. Under other Business the following subjects were discussed: Budget city Manager Unmacht asked that Council select a date for the Workshop Budget Workshop. It was the consensus that the Workshop be held on Tuesday, August 30, 1988 at 7:00 to 10:00 p.m. Mayor Andren discussed the letter received from the Prior Lake School Board. Council directed Staff to acknowledge receipt of the letter and advise Superintendent Kruse that the City Council and Staff are looking into the matter and will place the issues on the agenda sometime in september for discussion. City Manager Unmacht briefly discussed the 1988 Metropolitan Council Report on the estimated households and population for Prior Lake. Councilmember Scott suggested that "no passing on the signs be posted where appropriate on Highway 13 and Road 42. city Staff will look into this issue and back to Council. right" County report By general consensus of the Council, Staff was directed to send a letter to the Department of Transportation thanking them for their quick response to the Highway 13 speed limit reduction request. 5 Minutes of the Prior Lake City council August 1, 1988 Councilmember Fitzgerald announced that the Community Action committee had their last formal meeting on the Prior Lake 2000, and that a report would be presented to the Council within the next couple of months. Unmacht stated that the Prior Lake 2000 Survey will be distributed this week. Assistant City Planner Deb Garross announced that new covers for the Zoning Ordinance Manuals had been received. The next Council meeting will be Monday, August 15, 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 City Manager Dee Birch Recording Secretary 6