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HomeMy WebLinkAbout101788 Regular CITY OF PRIOR LAKE ~ MINUTES OF THE CITY COUNCIL October 17, 1988 The Common Council of the city of Prior Lake met in regular session on Monday, October 17, 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, Director Parks and Recreation Mangan, Assistant City Manager/Economic Development Director 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 October 3, 1988 meeting were reviewed by Council. City Manager Unmacht noted a correction on Page 2, paragraph 3, line 10 that: "Councilmember Scott requested city Engineer Anderson" should be changed to: "Mayor Andren requested City Engineer Anderson". Also, on page 3, paragraph 5, City Manager Unmacht clarified the statement in line 15 which stated "six more licenses in 1990" should actually be "six more licenses likely in 1991" as the licenses would not be available until after the 1990 census had been completed. City Manager Unmacht also clarified Page 2, Paragraph 3, line 13: "Councilmember White suggested access for the roads on 21 near Grainwood Circle" this sentence is actually referring to the roads on the west side of CR 21 just past the Wagon Bridge. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE THE Minutes MINUTES AS AMENDED. 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) Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Permit Report Consider Approval of Fire and Rescue Report Consider Approval of Police Report Consider Approval of Third Quarter Budget Report Consider Approval of st. Catherine's Request for a Day Gambling Permit Consider Approval of Treasurer's Report (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Invoices Dog Catch Bldg. Per Fire & Re: Police One Budget St.Cath. Treasurer: Rept Minutes of the Prior Lake city council October 17,1988 MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE Consent CONSENT AGENDA WITH THE EXCEPTION OF ITEM (d). Agenda Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. (Item (d) had not been completed at the time of the meeting and will be on the November 7 Agenda). The next order of business was to Consider Planning Commission Decision on Reed's Island Conditional Use Permit Application. Mayor Andren requested comments from the applicant, Rod Stankovitch. The applicant was not present. The following residents addressed the Council regarding the Conditional Use Permit ap~lication by Reed's Island, Inc. Concerns were expressed wlth regard to safety, health and noise issues by: Don Brown 15438 Forsythe Road Bruce Peters 5004 Condon street Planning Commission Chairperson, Mary Ellen Wells, addressed the Council with regard to action taken by the Planning commission in their denial of a Conditional Use Permit for Reed's Island, Inc., and reiterated the reason for the Commission's decision. Mayor Andren requested it be entered into the record that applicant, Rod Stankovitch, was not present at the meeting. staff contacted his residence during the meeting and was informed by the person answering the phone that he had been called out of town on an emergency. Discussion followed on whether to continue the hearing on this issue or postpone it until the November 21 Council meeting. Mayor Andren requested that Staff notify applicant, Rod Stankovitch, via certified Letter, of the date his request will next be heard by Council. Roxanne Doebel, 15365 Breezy Point Road commented on the applicant's absence. George Koblas, 5201 Frost Point Circle spoke in favor of continuing the discussion on this issue at this meeting in order to obtain information on the Councilmembers thoughts regarding the subject. Further discussion followed regarding tabling of the issue. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ISLAND CONDITIONAL USE PERMIT APPLICATION 1988. TABLE THE REED'S UNTIL NOVEMBER 21, Reed's Island Cond.Use Upon a vote taken, ayes by Andren, Fitzgerald, Scott and White, nay by Larson. The motion carried. A short recess was called. The meeting reconvened at 8:10 p.m. 2 Minutes of the Prior Lake City council October 17,1988 The next order of business was discussion of Agenda Item #7 Consider HRA's Request to Approve Cooperation Agreement for Multi-Family Townhome Acquisition Project. city Manager Unmacht introduced the pur~ose of the presentation by HRA representatives, and revlewed points of the Cooperation Agreement which had been amended or changed from the original document. Bill Jaffa, Executive Director of the Scott County HRA, addressed the Council to outline their purpose in pursuing purchase of the 3 fourplex units on Franklin Trail, and discussed the Cooperation Agreement being presented for Council's approval. Extensive discussion followed regarding availability of public vs private rental properties, the number of subsidized units in Scott County, the amount of lost tax income to the City of Prior Lake should these units be purchased by the HRA and whether or not a need for subsidized housing exists in Prior Lake. Ed Gregory, Prior Lake Commissioner on the HRA Board, and John Wenker, representative of Miller and Schroeder, addressed the Council to answer questions and explain the HRA's position with regard to subsidies and tax revenue on the subject units. Further discussion occurred. Councilmember Scott requested that Staff and Council consider holding a workshop and invite representatives of the HRA to attend and expand on the role of the HRA in Scott County. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO DENY HRA'S REQUEST TO APPROVE THE COOPERATION AGREEMENT FOR THE PURCHASE OF 3 QUAD HOMES ON FRANKLIN TRAIL IN PRIOR LAKE. 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 9:16 p.m. The next order of business Agenda Item #8 - Present Findings and Recommendation of the Public Access Task Force. Councilmember Larson, Chairman of the Task Force, reviewed the reasons for formation of the Task Force and presented the Sand Point Public Access Task Force recommendations. The recommendations included guidelines on the development of an access at Sand Point Beach, and exploring the possibility of developing an alternate access at Spring Lake Regional Park on the south end of Prior Lake. Following are the eight conditions recommended by the Task Force for development of an access at Sand Point: 1. The eleven conditions set forth in the Prior Lake City council Resolution of March 15, 1982. 2. The sixteen points agreed to by the Department Natural Resources in their September 17, 1987 letter Mr. and Mrs. Jerry Bonneau, Mr. John Meyers and Gary Zywoto. of to Mr. 3 HRA Request Quad Homes Minutes of the Prior Lake city council October 17,1988 3. DNR will purchase and maintain buoys necessary to delineate swimming area in Sand Point Beach and restrict swimmers inside the swimming area. 4. Require that boats leaving the access area do so direction that takes them in a westerly direction from the swimming area. in a away 5. Provide for "NO WAKE" zone within 500 feet (or a distance determined by the Cit~ Council) of the launch area. DNR will provide and malntain buoys necessary to provide notification of the "NO WAKE" zone. 6. Parking shall be prohibited on streets within 2500 feet (or a distance to be determined by the City Council) of the public access. 7. The DNR shall provide and the Cit~ shall maintain (in addition to the two docks) a fishlng pier to be placed between the swimming area and the launch facility. 8. Increase water patrol of the area to insure compliance with the surface regulations. DNR should support such increased patrol through grants and other economic assistance to the water patrol authority. Extensive discussion followed regarding safety issues at Sand Point Beach, the feasibility of developing an access on the Spring Lake Regional Park property, closing of Dewitt Avenue access (after construction at spring Lake Regional Park) etc. DNR representative Larry Killien addressed the Council regarding the DNR's perception of the issue. Dan Borchardt, representative from the Sportsmans Club addressed the Council with a summary of why the previous task force, of which he was a member, did not recommend spring Lake Regional Park as an access area. Borchardt also discussed safety issues with regard to the Sand Point access, and compared it to several other accesses developed near swimming beaches. Gail Klingberg, and Paul Rice, Secretary of the Sportmans Club, both addressed the Council and expressed concern that the Sand Point Beach Access would not be constructed, and discussed possible problems with developing the Sprin~ Lake Re~ional Park site which would affect the wildlife and requlre dredglng of the lake by that area. Both individuals spoke as citizens and not as representatives of the Sportsmans Club. Emmie Schneider, 16840 Elm Avenue, addressed the Council with regard to traffic con~estion on Highway 12 which could result if the Spring Lake Reglonal Park site was selected as a public access site in the future. Councilmember White expressed his thanks to Larry Killien and the DNR for their support and assistance to the Task Force. 4 Minutes of the Prior Lake city council October 17,1988 MOTION MADE BY FITZGERALD THAT WE ACCEPT WITH GRATITUDE THE Public REPORT OF THE ACCESS STUDY TASK FORCE, AND THAT STAFF AND OTHER Access APPROPRIATE PERSONS DO PRELIMINARY EXPLORATION OF THE FIRST Task PORTION OF THE TASK FORCE'S RECOMMENDATIONS TO FURTHER STUDY Force for SPRING LAKE REGIONAL PARK FOR THE PRIMARY NEW ACCESS ON PRIOR Sand Point LAKE, AND TO REQUEST DNR TO DEFER FURTHER ACTION ON THE SAND POINT LOCATION UNTIL PRELIMINARY WORK CAN BE COMPLETED, AND TO INSTRUCT THE CITY ATTORNEY AND CITY PLANNER TO REVIEW THE FOUR ISSUES FROM A LEGAL STANDPOINT AS DISCUSSED, INCLUDING THE CITY'S OBLIGATION TO PROCEED WITH THE PROPOSAL IN LIGHT OF CURRENT DAY CONCERNS ON THE ZONING ISSUE AND OTHER ELEMENTS PRESENT IN ZONING. IF FOUND THAT SPRING LAKE REGIONAL PARK APPEARS SUPERIOR BY THE PRELIMINARY FINDINGS THEN WE SHOULD PROCEED WITH THAT. Motion died for lack of a second. MOTION MADE BY WHITE TO ACCEPT THE TASK FORCE RECOMMENDATIONS AND Sand Point PROCEED TO PURSUE THE FORMATION OF A TASK FORCE TO INVESTIGATE Access THE SPRING LAKE REGIONAL PARK SITE AS AN ADDITIONAL ACCESS. Motion died for lack of a second. More discussion followed regarding ultimate cost to the City by delaying action on the Task Force recommendations. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO ACCEPT WITH GRATITUDE THE REPORT OF THE SAND POINT ACCESS TASK FORCE AND Sand Point INSTRUCT STAFF OR OTHER PERSONS DEEMED APPROPRIATE BY STAFF TO DO Access PRELIMINARY EXPLORATION WITHIN A REASONABLE TIME FRAME (BEING COME BACK AND LET COUNCIL KNOW HOW LONG IT IS GOING TO TAKE AT THE NEXT COUNCIL MEETING OR TWO) OF THE FIRST PORTION OF THE TASK FORCE RECOMMENDATIONS FOR FURTHER STUDY OF THE SPRING LAKE REGIONAL PARK AS THE PRIMARY ACCESS. SUBCATEGORY TO THIS MOTION, CITY TO REQUEST THE DNR TO DEFER FURTHER ACTION ON SAND POINT ACCESS UNTIL THIS PRELIMINARY WORK CAN BE DONE AND COUNCIL HAS HAD AN OPPORTUNITY TO EVALUATE IT, AND TO INSTRUCT CITY ATTORNEY AND PLANNER TO REVIEW THE FOUR LEGAL ISSUES AND ZONING ISSUES DISCUSSED. A footnote was added to the motion by Councilmember Fitzgerald with regard to estimated time for staff to complete the necessary research. Discussion Staff would meeting or expected to going to be again occurred and City Manager Unmacht stated that need direction through a motion either at this another meeting to specifically outline what Staff is do with regard to research, i.e. dredging, who is involved, what issues are to be studied, etc. Councilmember White stated, that as was outlined in the DNR's letter, should the City not go through with the Sand Point Access site, then the City would be in violation of the Grant which the 5 Minutes of the Prior Lake City Council October 17,1988 City received and would be liable to repay the state of Minnesota, Department of Tourism and Economic Development the money which the state ~ut in to the site, which is approximately $41,000. Further dlscussion followed on this subject and clarification of the above motion by Councilmember Fitzgerald. City Manager Unmacht stated that it was his understanding that he is to discuss the issue with Director of Parks and Recreation, a representative of the DNR, Hennepin County and others in order to arrive at an objective opinion on the length of time it will take to do this and formulate into memo format. City Manager Unmacht estimated that the item will appear back before the Council on December 5. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, and Scott, nay by White, the motion carried. A short recess was called. The meeting reconvened at 11:20 p.m. The next order of business was Agenda Item #5 - Present Financing Information on 1989 Road Construction Projects. City Manager Unmacht reviewed the financial information as presented in the Agenda Report on (1) Downtown Overlay Program; (2) County Road 21 East to Franklin Trail and West to CR 83; and (3) Fish Point Road Intersection. Unmacht summarized cost, federal aid allocation, MSAS contributions, estimated cost to the City, net cost impact and gross tax impact on property taxes. Discussion followed on bonding versus using cash, and what projects should be approved. Staff was seeking direction from the Council with regard to what actions to take on these projects. Discussion followed on funding methods, tax impact, time table for these projects, and construction dates anticipated to be completed by Scott County. It was the consensus of Council that Staff is to consider $50,000, the minimum cash contribution and, after 1/1/89, anal~ze the funding priorities to determine the most appropriate fundlng package and return to Council with a report when the bonds are ready to be issued (if the projects proceed) and what portion of the projects should be funded by cash. The next order of business was Agenda Item #6 Present Feasibility study for Project 89-11. City Engineer Anderson presented details of the TKDA contract on the Fish Point Road Improvements. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE CONTRACT WITH TKDA FOR THE ENGINEERING SERVICES ON FISH POINT ROAD IMPROVEMENT. TKDA Contract Fish Point Road Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. 6 Minutes of the Prior Lake City Council October 17,1988 City Engineer Anderson next briefly discussed the two points on Overlay Project 89-11 which included recovery of paYment for repair of sidewalks on Duluth, Colorado and Arcadia, and MSAS fund balance. A brief discussion followed regarding informational and public hearings. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ADOPT RESOLUTION 88-55 RECEIVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE IMPROVEMENT. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Due to the lateness of the hour, Agenda #9 was tabled until the November 7, 1988 Council Meeting. The next order of business was Agenda Item #10 - Discuss Proposed Shoreland Management rules and Regulations. City Manager Unmacht reported that according to the Administrative Law Judge, comments must be submitted no later than November 18, 1988 in writing. Unmacht requested that Council submit their comments and concerns to him as soon as possible to combine with staff's comments for formulation into letter form for submittal to the Administrative Law Judge. Council requested Staff formulate a draft letter for approval at the November 7, 1988 Council meeting. Under Other Business the following issues were discussed: city Manager Unmacht discussed holding an open house at the new well house for public participation. Staff announced Consultant Charles Tooker is being considered by Scott County as a Consultant on a Comprehensive Plan Project. Mayor Andren read a letter from a citizen to the Star Cablevision Company regarding billing problems. A short discussion followed with regard to the present Cable company and difficulties people have encountered on their billing. City Manager Unmacht stated he would place a call to one of the officials of the Cable company, Rich Penkert, to find out what they could do about this situation. The next Council meeting will be Monday, November 7, 1988 at 7:30 p.m. There being no p.m. by general further business, th~eting adjourned consent of the Council. \I. ~ Vl J. nma t ity Manager Dee Birch Recording Secretary 7 RS 88-55 Feasibilit) Report Downtown Overlay at!J~