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HomeMy WebLinkAbout081588 Regular CITY OF PRIOR LAKE ~ MINUTES OF THE CITY COUNCIL August 15, 1988 The Common Council of the City of Prior Lake met in regular session on Monday, August 15, 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 Manager/Economic Development Director Schmudlach, Finance Director Teschner 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 August 1, 1988 meeting were reviewed by Council. MOTION MADE BY LARSON, SECONDED BY SCOTT, TO APPROVE THE AUGUST Minutes 1, 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) b) c) d) e) f) g) h) i) j) Invoices to be paid Approve Animal Warden Report Approve Building Permit Report Approve Fire and Rescue Report Approve Police Report Approve Treasurer's Report Approve Appointment of Election Judges Approve Audit Agreement with George M. Hanson Co. Approve Easement Acquisition with David McGuire Approve Resolution 88-42 Supporting Application Stephen Tanner Mayor Andren stated that submitted for Item (a) Hydrostorage for approval. there was an in the amount additional invoice of $41,648.95 from (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 of Invoices Dog Ca tchel Bldg. Permi 1 Fire & Res Police Treasurer Elect Jud Audit Agr D. McGuire RS 8842 (Tanner) Minutes of the Prior Lake City Council August 15, 1988 MOTION MADE BY LARSON, SECONDED BY SCOTT, TO APPROVE THE CONSENT Consent AGENDA ITEMS ( a) THRU (j). Agenda Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was the Introduction of New City Employees/Presentation of certificate of Appreciation to Susan Whipps. City Manager Unmacht stated that Susan Whipps was unable to attend the meeting, but her certificate of Appreciation and Paper Weight would be given to her at a later date. Unmacht then introduced the new employees : James Larson, Public Works Department; Rita Schewe, Receptionist; Scott Schmidt, Building Maintenance, and Daniel Ungurian, Police Department. Unmacht then read a short biography of each employee before introducing them and their supervisor. A City lapel pin was given to each employee. Mayor Andren and the Councilmembers welcomed the new employees. The next order of business was Consider Lot Split and Variance Appeal of Robert Paschke. Representative for Paschke, Attorney Bryce Huemoeller, addressed the Council with details of his client's request for a variance and lot split for property located in Inguadona Beach. Paschke was appealing the decision rendered by the Planning Commission in which a variance had been denied. The following residents of Inguadona Beach either spoke against the granting of a variance or submitted a letter opposing the granting of the variance: Jackie and Larry Dunham; Roger and JoAnne Wahl; and Dennis and Karen Perrier. Discussion followed regarding safety, provisions for off street parking, setback requirements, and conformity of the neighborhood. Several questions were directed to City Planner Horst Graser regarding the lot as it is currently and reasons for the requested variances. Extensive discussion followed on the request and the provision of the ordinance allowing variances to be granted. MOTION MADE BY SCOTT, SECONDED BY LARSON, TO DENY THE REQUEST OF ROBERT PASCHKE OF INGUADONA BEACH FOR A LOT SPLIT AND VARIANCE THUS UPHOLDING THE PLANNING COMMISSION'S DECISION. 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 8:25 p.m. Robert Paschke Lot Split Variance for Robert Paschke denied The next order of business was Continued Discussion of Reed's Reed's Island. Bryce Huemoeller, Attorney for Reed's Island, Inc, Island addressed the Council on behalf of his client, and requested that 2 Minutes of the Prior Lake City Council August 15, 1988 Council direct staff to issue a building permit. Mayor Andren questioned Huemoeller regarding the proposed use of the property. City Planner Graser presented plans of the proposed structure. Discussion followed regarding the supplying of utilities, sewage disposal and general services to the island; details of the proposed structure, and setback requirements of the 904. Residents George Koblas, Tom Watkins and Evan Shadduck addressed the Council regarding the proposed use of the structure by Reed's Island, Inc. Discussion followed regarding the contents of a letter dated July 26, 1988 from Reed's Island, Inc, to City Manager Unmacht. Mayor Andren pointed out a statement in the Uniform Building Code which states that a dwelling must have either a tub or a shower to be classified as a dwelling. The plans for the proposed structure by Reed's Island, Inc, developers does not indicate these items. Discussion followed on whether or not the granting of a permit was in violation of the Uniform Building Code as well as the public health and safety aspect with regard to the facility. Councilmernher Fitzgerald stated that if the applicant wishes to resubmit the issue to the Planning commission, then the following should be considered at the meeting: 1. Evaluate the dwelling and its relation to the island 2. Evaluate the need for additional variances from the 904 around the entire parcel 3. Evaluate the sewer and water capability of the island 4. Evaluate unique characteristics of the island and what basis should be used to evaluate it in the future. Councilmember Larson added the following the above motion: friendly amendment Reed's THE Island Variance Denied to MOTION MADE BY FITZGERALD, SECONDED BY VARIANCE REQUEST OF REED'S ISLAND, INC. LARSON, TO DENY co~rnuNICATE TO THE PLANNING COMMISSION THEIR NEED TO REVIEW ALL APPLICABLE VARIANCES FROM THE 904 ON ALL STRUCTURES ATTACHED TO THAT BUILDING. Discussion followed. Councilmember Larson withdrew the friendly amendment. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, and Scott, nay by White, the motion carried. A short recess was called. The meeting was reconvened at 9:40 p.m. 3 Minutes of the Prior Lake City Council August 15, 1988 Attorney Kessel suggested that Council adopt the reasons for denying the variance to Reed's Island, Inc. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO ADOPT THE Reed's FOLLOWING REASONS FOR DENYING THE VARIANCE TO REED'S ISLAND, INC. Island 1. Applicant's have failed to meet the four tests required under the ordinance for a variance. 2. Different structure may be possible to be built on the island which would comply with the ordinance without the need for lot variances. 3. The structure as submitted to Council is not a seasonal dwelling as compared to previous structures approved in the community of Prior Lake. The structure does not comply with the Uniform Building Code which specifies that either a bathtub or shower be included in the bathroom to be classified as a dwelling. 4. The characteristics of this island make it unique and long term aspects of the property should be considered. 5. Ability of City to provide city services, utility servlce to be addressed by the Commission before any structure is constructed. including Planning Upon a vote taken, ayes by Andren, Fitzgerald, Larson, and Scott, nay by White, the motion carried. Mayor Andren then read a letter from Tom variance request from Reed's Island, Inc, Watkins regarding into the record. the Councilmember Larson requested that Staff direct the Planning commission to review and ensure that all applicable variances from appropriate portions of the structure are considered in dealing with island reviews. The next order of business was the Presentation of the Economic Development Committee second Annual Report. City Manager Unmacht introduced Jim Hill, Chairman of the Economic Development Committee. Mr. Hill reviewed the Annual Report and commented briefly on the accomplishments and future goals of the EDC. EDC Annual Report MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ACCEPT THE SECOND ANNUAL ECONOMIC DEVELOPMENT COMMITTEE REPORT AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. 4 Minutes of the Prior Lake City Council August 15, 1988 Dave Miller requested a volunteer lake guide for a picture taking event for the star City slide show. Council stated that a guide would be no problem. Next order of business was the Review of the Second Draft of the Assessment Proposed Assessment Policy. Chairman of the Assessment Policy Policy Committee, Councilmember Larson, presented the second draft of 2nd Draft the Proposed Assessment Policy. Larson stated that the purpose of the Assessment Policy is to establish a fair and reasonable method by which properties will be assessed, and that the goal of the Assessment Policy Committee is to ensure that the cost of projects is fairly and equitably distributed among those benefiting from the project. The secondary goal of the Committee was to develop a Policy that ensures assessments be implemented in a reasonable, consistent and fair manner. Larson then reviewed the titles of the sections within the Policy and enlarged upon their purpose. Discussion followed regarding area assessment charge, ponding assessment consideration and road right-of-way assessment consideration. Mayor Andren and Councilmember Fitzgerald raised several questions on the Policy and it was agreed by the Council that the Policy should be placed on the Consent Agenda for adoption on September 6. Andren stated she would address her questions to Committee Chairman Larson. The next order of business was to Approve North Shore Septic North System Study. City Manager Unmacht reviewed the bids received Shore for the study. Michael Rutten submitted a bid of $13,328. Septic Unmacht stated that Rutten is well qualified as a result of his Study experience working with Scott County and he will work closely with Building Official, Gary Staber. Unmacht reviewed the work to be accomplished by Rutten and requested that the funds for this project be taken from the Contingency Fund. There was no further discussion. Unmacht stated the work is targeted for completion by mid-October. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO ACCEPT THE OF MICHAEL RUTTEN IN THE AMOUNT OF $13,328. BID North Shore Septic Study Approved Michael Rutten Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott White, the motion passed unanimously. and MOTION MADE BY SCOTT, SECONDED BY LARSON, TO APPROVE EXPENDITURE FROM THE CONTINGENCY FUND NOT TO EXCEED $13,328. AN Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. 5 Minutes of the Prior Lake city council August 15, 1988 Under Other Business the following subjects were discussed: Change of Meeting Date - city Manager Unmacht stated that since Labor Day falls on Monday, September 5 the Council Meeting should be changed to Tuesday, September 6. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, and White, the motion passed unanimously. CHANGE THE Change SEPTEMBER of Meeting Date Scott MOTION MADE BY LARSON, SECONDED BY SCOTT, TO MEETING DATE FROM MONDAY, SEPTEMBER 5 TO TUESDAY, 6,1988. League of Minnesota Cities Regional Meeting City Manager Unmacht announced that two Regional Meetings in close proximity to Prior Lake would be held, one in New Brighton on September 12, and one in New Prague on September 29. Councilmembers who are interested in attending one or both of these meetings should contact Dee Birch for reservations as soon as possible. City Manager Unmacht announced that an Attorney/Client meeting should be conducted prior to the September 6 meeting for the purpose of reviewing potential condemnation proceedings on the Duluth Avenue improvement project. Council concurred that the meeting would be held on September 6 prior to the Council Meeting. City Manager Unmacht announced that the Prior Lake Fire Relief Association has requested a one day off-site license to conduct pull tabs at the VFW on September 18, 1988 during their annual chicken fry. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE DAY OFF-SITE LICENSE FOR PULL TABS FOR THE PRIOR RELIEF ASSOCIATION TO BE CONDUCTED ON SEPTEMBER 18, THE VFW. THE ONE Pull LAKE FIRE Tabs 1988 AT Fire Relief Assoc Upon a vote taken, ayes by Andren, Fitzgerald, Larson, and White, the motion passed unanimously. Scott City Manager Unmacht distributed the EAW proposal for Marina and requested that Council contact him if they any comments. the have Councilmember Larson discussed a letter received from Mr. Larry Killian of the DNR regarding their plans to begin preliminary work on the Sand Point Beach access within the next few weeks. Councilmember Larson requested Staff be 6 Minutes of the Prior Lake City Council August 15, 1988 authorized to proceed with the formation of a Task Force on this project. Discussion followed. Council concurred that the Task Force should be formed and Committee members approved at the Budget Meeting on Tuesday, August 30,1988. Staff was directed to inform the DNR that the City is proceeding with the formation of a Task Force. Councilmember Scott discussed a request from Larry Hafferman regarding snowmobile traffic at Lakefront Park, and the precautions taken by the Parks Department in the form of posts and cable. Scott requested that Staff investigate this issue. Councilmember Fitzgerald discussed the EAW regarding the Marina, and expressed concerns regarding the existing contract which has precipitated lawsuits and problems in the past. He believes that application for any improvements or modifications to the Marina should be issued under a permitted or conditional use, instead of expansion of the contract which he perceives to be similar to a non-conforming use. Staff was directed to look at this in the proper context of a Conditional Use, or a Permitted Use, under a zoning category of its own, or under a zoning category that might be adaptable to them. Staff will relay this position to the Planning commission. The next Council meeting will be Tuesday, September 6, 1988 at 7:30 p.m. There being no further business, the meeting adjourned at 10:55 p.m. by general consent of the Council. vi J. Unmacht ity Manager Dee Birch Recording Secretary 7