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HomeMy WebLinkAbout040687 Regular ~ CITY OF PRIOR LAKE MINUTES OF THE CITY COUNCIL (~~rrected at 4/20/87 Meeting) April 6, 1987 The Canroon Council of the City of Prior Lake met in regular session on Momay, April 6 at 7: 30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilnenbers Fitzgerald, Larson, Scott, White, City Manager McGuire, City Engineer Anderson, City Planner Graser, Assistant City Manager/Economic Developnent Director Urunacht, 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 March 23, 1987 neeting were reviewed by Council. The following amerXhnents were made to the minutes: Page 1, Paragraph 3, Sentence 3, "before preliminary plat approval or" should be deleted from the sentence. Page 2, Paragraph 2, Sentence 2, insert the word "provided" so the motion will read: "TO CDNl'INUE '!HE DISCUSSION AT '!HE APRIL 6,1987 cnuOCIL MEEl'ING, OR UNl'IL MR. SOIMITZ HAS PROlIDED THE RmUESTED INFOIf1ATION." IDTION MADE BY FITZGERALD, SECONDED BY S<XY.rl' , TO APPROJE '!HE MINUI'ES WI'!H Minutes AMENDMENT l\ND DELETION AS NOl'ED. Approved Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unaniroously. Councilmember Larson requested that Consent Agema Itan (e) be ranoved for later discussion under other business. The next itan on the agema was consideration of Consent Agema itans as follows: a) Invoices to be paid b) City Manager's Salary Review c) Econanic Developnent Annual Report d) Ordinance AmerXhnent - Chapter 5 Section 1-5-2 e) Water Treatment Plant SUrvey (A) Invoices (}.II sSala.r1 En:: rnn Amfni \Witer Tnnt Survey CDNSEm Approved K>TION MADE AGENnl\ ITEMS BY WHI'lE, (a) thru (d). SECONDED BY L.ARSCN , TO APPROJE '!HE Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 MINUl'ES OF '!HE PRIOR LAKE CITY muNCIL APRIL 6, 1987 The next item on the agenda was consideration of a request by Mr. Rod Stankovich, President of Cabooze Cruise Lines, to change his base of oreration. Mr. Stankovich stated the Hennepin Regional Park District has expressed verbal approval of his plans to use the Spr ing Lake Regional Park location, but Mr. Douglas Bryant, Southern Regional Manager of Hennepin Parks, stipulated they must have the Council's approval for the change of location before further plans can be discussed with Mr. stankovich. It was understood that if the water level falls below 900' then the point of departure might have to the Marina Royal. Discussion followed. '!be original rermit is contingent upon the following stipulations: l. Hours of oreration are not to extend past 10: 00 p.m. during the week and 10:30 p.m. on the weekend. 2. The noise factor be controlled both on and off shore. 3. '!be applicant have all applicable licenses current. 4. The crew not consume alcohol during hours of op:!ration or op:!rate while intoxicated. 5. Applicant develop policies of conduct and procedures for his customers to be sensitive to prorerty owners. IDTION MADE BY ~, SECONDED BY FITZGERALD, THAT '!HE aJRRENT PERMIT TO CAImZE OPERATE '!HE CABOOZE ffiUISE BE AMENDED TO aIANGE 'lHE BASE OF OPERATION FRCM ffiUISE MARINA ROYAL TO SPRING LAKE REX;IONAL PARK LOCATION SUBJECl' TO APPROVAL BY IOC.ClN; HENNEPIN PARK DISTRICl' AND SPRIN; LAKE REX;IONAL PARK, AND THAT THE RECOMMENDED APFROVID STIPULATIONS ITEMS 1 'lHRJ 5 REMAIN IN<DRPORATED IN '!HE APPROJAL. THAT COUNCIL APPROJAL OF AMENDMENT IS NO!' IN EFFECl' UNl'IL 'lHE APPROJPL FRCM HENNEPIN PARK DISTRICl'/SPRING LAKE REX;IONAL PARK HAS BEEN FORMALIZED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unaniroously. The next item on the agenda was consideration of Resolution 87-13 - carriage Hill Road Feasibility Study which was ordered prepared by Resolution 87-11 and approved on February 23, 1987 by the City Council. City Engineer Anderson presented overheads of the area and discussed the findings of the study. The estimated cost of carriage Hill Road improvements is approximately $163,530, a portion of which would be paid for by Minnesota Municipal State Aid Street fund. '!be area of improvement can be determined by reviewing the feasibility study. 2 MINUrES OF '!HE PRIOR LAKE CITY COUNCIL APRIL 6, 1987 Discussion followed. IDTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROJE RFSCLurION 87-13 - A RS 87-13 PUBLIC HEARING WHIm SHALL BE HELD ON sum PROPOSED IMPRCNEMENT ON '!HE 4'!H DAY APffiOVID OF MAY, 1987 IN '!HE COUNCIL CHAMBERS OF '!HE CITY HALL AT 8:00 P.M. AND THE CITY MANAGER SHALL GIVE MAILED AND PUBLISHED NanCE OF sum HEARING AND IMPRCNEMENT AS RmUIRED BY LPW. Upon a vote taken, ayes by Fitzgerald, Larson, Scott, and White, Andren abstained. Motion carried. Next item on the agerrla is consideration of Ordinance 87-02 and 87-03 and whether or not a developnent in progress needs to conform to the new Ordinance on the date it was published. City Engineer Anderson and City Planner Graser informed the Council of the develofer's agreements which are now on file with City Hall. Discussion followed. It was a consensus that the Council would take no action and the Ordinance would remain in effect frOOl the approved date of March 23, 1987. However, Council concurred that should a develofer request consideration due to a unique circltnstance they would review the matter on an individual basis. Next item on the agerrla was consideration of Resolution 87-14 North Shore Oaks Sewer and Water Petition. City Engineer Anderson stated that petitions have been received both for and against a feasibil i ty study on the improvements to construct watermain, sanitary sewer, storm sewer and bituminous surfacing in the area. Several residents of North Shore Oaks were in attendance to express either approval or disapproval of the study. Mayor Andren read into the record a fetition frOOl the residents on Fischer and Ash Circle. The fetitions will be on file at City Hall for the record. There were 18 for and 26 against the feasibility study. Most of the residents against the study reside on Hampton and l40th Street. City Engineer Anderson stated the feasibility study is only a study to determine the cost of the project, it does not in any way obligate one to proceed with the improvements. He also stated the cost would be lower for everyone if all the residents were to agree to the improvements as opposed to providing service only to the southern half of the subdivision. Council encouraged everyone who is opposed to the feasibility study to consider the possibility of future costs incurred on improvements that will be required sometime in the future. IDTION MADE BY FITZGERALD, SECONDED BY LARSCN, TO APPRaTE RESCLUI'ION 87-14 FORI{') 87-14 '!HE AU'lHORIZATION OF A FEASIBILITY STUDY FOR NORm SHORE OAKS AREA DEFINED AS APffiOVID FISHER AVENUE,ASH CIRCLE AND FERNDALE AVENUE SaJ'lH OF HAMPI'CN Sl'REEl' WI'HI 'HIE PROilISION '!HAT IF ON OR BEFORE MAY 1, 1987 35% OF '!HE FRCNl'AGE CMNERS ON 14O'IH AND HAMPl'ON WERE TO SUBMIT A PETITION RmUESTING INCLUSION IN '!HE FEASIBILITY STUDY THEY WaJID '!HEN BE INCLLDED IN '!HE STUDY. 3 MINUrES OF '!HE PRIOR LAKE CITY COUNCIL APRIL 6, 1987 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. A ten minute recess was called. The meeting was called back to order by Mayor Andren at 9:35 p.m. The next item on the agerrla was consideration of develo~r' s agreanent for bunset Hills Addition. City Engineer Anderson distributed a letter from the Develo~r, Terry M. Forbord, Scottland Canpanies. Mr. Forbord stated he had completed all necessary ~rmits, construction documents and s~cifications by the errl of 1986, and since January 3, 1979 had paid real estate taxes and s~cial assessments on the pro~rty. Scottland Canpanies requested credit for one half the connection charges for sewer and water on each lot claiming they and did not know of the implementation date for ordinance 87-02 and 87-03. Discussion followed. The Develo~r Agreement was received by City on February 24, 1987. Council decided that this was a unique circumstance and the develo~r had acted in good faith by furnishing all necessary documentation as requested. IDTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPRCNE DEVELOPER'S AGREmENT FRCM SCD'I'ILAND COMPANIES rn SUNSEl' HILLS ADDITION, mASE II. Upon a vote taken, ayes by Fitzgerald, Larson, Scott, and White, Andren voted Nay. '!be motion passed. Discussion followed. IDTION MADE BY WHITE, SOCONDED BY SCO'IT, TO APPRCNE PLANS AND SPECIFICATIONS SUNSET FOR SUNSEl' HILLS ADDITION PHASE II AS SrnMITTED. IillIS FHASI IT AIJ.m. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the APffiOVFIl motion passed unanimously. '!be next item on the agerrla was consideration of the Harbor P. U.D. Arrerrlment. City Planner Graser stated the action requested by Mr. Green, develo~r of The Harbor, is an amerrlment to the P.U.D. as originally approved in 1976 to construct 54 total townhomes and single family homes. Mr. Green is now requesting approval for five townhomes instead of three single units as originally planned. Residents adjacent to The Harbor had opposed the amerrlment at the Planning Canmission meetings, however, Mr. Green read a ~tition from those same residents now approving the amemment as presented, and gave the petition to Mayor Andren to be entered into and kept in the permanent records at City Hall. mTION MADE BY LARSCN, SECONDED BY WHITE, TO APPROJE '!HE AMENDMENT TO '!HE HARKR HARBOR P. U.D PLAN OF FEBRUARY 26, 1979. RID APmOVE Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. 4 MINUTES OF '!HE PRIOR LAKE CITY COUNCIL APRIL 6, 1987 Next itan on the agenda was the C.H. Miller ap~al for a split of Lot 9. City Planner Graser presented the background and a overhead of the existing lots along with the plans for the split. Councilnenber Larson withdrew fran the discussion. Mr. Miller, the owner of the lots, and Mr. Dan Duoos, owner of lot 8 adjacent to lot 9, were present. Mr. Miller explained his reasons for wanting to split the lot and sell part of it to Mr. Duoos. Discussion followed. lJDTION MADE BY WHITE, SEXDNDED BY SCD'IT, TO APPROJE 'IHE SPLIT ON 'IHE CDNDITION MIIIl'R '!HAT NO ADDITIONAL BUILDING PERMIT BE ALICWED FOR '!HE SPLIT OFF SEcr'ION UNLESS SPLIT OF COMBINED WI'IH LOT 8. IDT 9 APffiOVID Discussion followed. Council decided to add the following to the original motion: NO BUILDING PERMIT WILL BE ISSUED ON LOT 9 EXCEPT IN CONJUNCl'ION WI'IH '!HE JOINT USE OF LOT 8. Upon a vote taken, ayes by Andren, Scott, and White, nay by Fitzgerald, Larson abstained. r-Dtion passed. Next itan on the ageooa is to consider Donald V. Alberts' variance appeal. Assistant Planner Garross reviewed the past events of the ap~al which had been presented to the Planning Canmission twice and failed twice. Mr. Alberts stated he felt his inability to maneuver his cars out of the garage created a hardship for him and was requesting a variance to permit him to build a garage to the side of his house. Discussion followed. lJDTION MADE BY LARSGl, SECONDED BY SCOTT, TO DENY THE REQUEST. AIDRI'''S V AR:IAf'CE Upon a vote taken, ayes by Andren, Larson, Scott, nays by Fitzgerald and White JEill]) motion passed. Next itan on the ageooa was Consent Itan (e) Water Treatment Survey. City Engineer Anderson presented a draft of the survey to be sent out to the citizens. Discussion followed. Council directed Staff to coooense the survey to one page if possible. Under other business - Attorney Kessel reported information on North Shore Crest and DNR on lake access and plat dedication. Councilrranber Scott requested staff check into ownership of the strip of land across fran the Alberts property. Next itan under other business was the filling of the position of City Manager. ftDTION MADE BY FITZGERALD, SECONDED BY SCOTT, 'IHAT MR. DAVE UNMAOIT BEAPffiOVAL INTERVIE.WED FOR '!HE POSITION OF CITY MANAGER BY THE CITY COUNCIL AT A SPECIAL TO INIEME MEETING OF THE CITY COUNCIL TO BE HELD ON TUESDAY, APRIL 14, 1987 AT 6 P.M. IN D.UNMACHI' '!HE CITY COUNCIL CHAMBERS. Fm. CM rosITIoo 5 MINUI'ES OF THE PRIOR LAKE CITY COUNCIL APRIL 6, 1987 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanirrous1y. Mayor Andren appointed Councilnember Fitzgerald and Councilrranber Larson to a committee for the purpose of bringing together information regarding Mr. Unrnacht's personal profile, results of the completed test and the recommendations and opinions received from testing experts and other advisors to City Council who have examined the available information. '!be committee will report the results of these procedures at the April 14 meeting. '!be Council discussed the information requested by Sunfish Bay residents. Councilrranber Fitzgerald stated he would address the issue when it came before the Council again. Mayor Andren stated she had received a call from Mr. Scott Wolff regarding property on Cates Avenue adjacent to his residence which presents a health and safety hazard to the residents. Mayor Andren then passed pictures around of the site in question. City Manager McGuire stated a citation will be issued if no action has been taken within the required time from date of notification. Mayor Andren was requested to write a letter to the owner of the property. Staff was directed to prepare a resolution commending the Transportation Coalition and its Chairman for the hard work, lobbying efforts and good organization in their efforts on the federal funding for the Bloanington Ferry Bridge. MJTION MADE BY FITZGERALD, SECONDED BY SCOT!', TO APPRCNE '!HE IDTION DIRECl'INGRS-8718 STAFF TO PREPARE A RESCLUI'ION COMMENDING '!HE TRANSPORTATION cnALITION FOR ITS Approved EFFORIE AND HARD WORK IN OffiANIZ ING '!HE TRANSPORTATION BILL. The next Council meeting will be Monday,April 20, at 7:30 p.m. There being no further business, the meeting adjourned at 11: 38 p.m. by general consent of the Council. Michael A. McGui re City Manager Dee Birch Recording Secretary