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HomeMy WebLinkAbout121889 Regular MINUTES OF THE CITY COUNCIL December 18, 1989 The Common Council of the City of Prior Lake met in regular session on Monday, December 18, 1989 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, Planning Intern Gary Schmitz, 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 December 4,1989 Council meeting were reviewed by Council. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE DECEMBER M.i.nu;t~ 4,1989 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 approval of the Consent Agenda as COnAen;t f 0 II ows : Af}en.da a) b) c) d) e) f) g) h) i) j) k) Consider Approval of Consider Approval of Consider Approval of Consider Approval of Consider Approval of Consider Approval of Robert Robbs Consider Approval of Resolution 89-36 Request Extension From Metropolitan Council to Amend the Comprehensive Plan Consider Approval of Appointments to EDC Consider Approval of Final Payment for Water Tower Project 87-12 Consider Approval of Final Payment To Rainbow Play Systems, Inc. Consider Approval of 1990 Cigarette Licenses Jnvoi..c~ oOf} Ca:lch 13ldg. JnA! F&~ T /leMU/le/l ~obe/l;f. ~obb~ ~5 8936 we Wa:le/l Towell. ~ai.nbowq 'Play 5!fA Invoices To Be Paid Animal Warden Report Building Inspection Report Fire and Rescue Report Treasurer's Report Release of utility Easement for MOTION MADE BY FITZGERALD SECONDED CONSENT AGENDA ITEMS (a) THRU (k). BY SCOTT, TO APPROVE THE COnAen;t Af}en.da 4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Minutes of the City Council December 18, 1989 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was continue Discussion on winter Lake Access (DNR Public Access and/or Sand Point Beach Park). city Manager Unmacht briefly discussed Council's directive to staff at the December 4, 1989 meeting. Discussion occurred on the closing of the access and the commitment made to the neighbors in an agreement with the DNR. Council concurred that the DNR access adjacent to Sand Point should be kept closed (as specified) to honor the agreement. Councilmember Fitzgerald requested that staff, in the spring, assess the damage caused to Sand Point Beach Park by the winter ingress/egress traffic, and possibly consider using the DNR access after negotiating with nei~hbors and DNR. Council consensus was to have further input prlor to renewing negotiations next spring. The next order of business was Discuss Resolution 89-37 Restricting Parkin~ Near Public Accesses. City Manager Unmacht summarized the detalls and Council discussed whether or not the Resolution should include parking restrictions for Sand Point Beach as well as Dewitte Avenue public access. Council directed Staff to conduct a workshop with Sand Point Beach residents to ascertain whether parking restrictions in the Sand Point Beach public access area were desired. MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ADOPT AMENDED RESOLUTION 89-37 RESTRICTING PARKING NEAR DEWITTE PUBLIC ACCESS. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Due to the fact that it was too early to hold the public hearing as scheduled Council decided to discuss Agenda Item 11 which was: Consider Joining 35 W Council as Exofficio Member. Assistant City Mana~er Schmudlach presented details of the proposal. Council dlrected staff to take appropriate steps to enroll the city as an exofficio member. The city would then be notified of any meetings by the Council regarding expansion of Interstate 35 W without paying dues, however, the City would have no voting rights as an exofficio member. A short recess was called. The meeting reconvened at 8:00 p.m. The next order of business was a Public Hearing to Consider Adding section 2-3-4 (H) to the City Code - Ordinance 89-10. Mayor Andren called the public hearing to order at 8:00 p.m. and read the public notice as it appeared in the Prior Lake American on December 11 and 18, 1989. Planning Intern Schmitz presented details of the proposed amendment to the City Code and explained that the city Council and Planning Commission had discussed the proposed amendment at the last Council/planning Commission workshop. This amendment would add a year-end summary report of variance activity to the list of Planning commission duties. Council discussion occurred. 2 oeJ.Ui..ile All R5 89-37 'Pa/lki.n.f} ~~;tUdi..o 'Public Acc~~ Minutes of the city council December 18, 1989 MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO ADOPT ORDINANCE ~Mi9_10 89-10 ADDING SECTION 2-3-4 (H) TO THE CITY CODE. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO ADJOURN THE A~oU/ln PUBLIC HEARING. 'PH 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 8:10 p.m. The next order of business was: continuation of Public Hearing on 1990 Budget and Adoption of Resolution 89-35 Approving 1990 Tax Levy. Mayor Andren called the public hearing to order at 8:10 p.m. City Mana~er Unmacht presented details and overheads of the proposed reductlon of the general fund budget from a 4.6% to a 3.8% increase. Discussion followed. Bill Linker addressed the Council with his opinion on the City Manager's recommendation. Further discussion occurred. MOTION MADE BY LARSON, SECONDED BY WHITE, TO APPROVE RESOLUTION 89-35 CERTIFYING THE 1990 TAX LEVY. 'PH on 1990 ~et ~5 89-35 1990 Tax Levy Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY LARSON, SECONDED BY WHITE, TO ADJOURN THE PUBLIC 'PH HEARING. A~oU/ln 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 8:55 p.m. The Council decided to hear Agenda Item 10 which was Consider City Ordinance Amendment to Title 3 City Manager Unmacht presented details of the request from Ray Lemley, owner of the Hollywood Inn, and other City bar owners. The bar owners were requesting that the ordinance be amended to comply with 1989 statutory changes in the Minnesota liquor laws. One of the purposes of the ordinance amendment is to extend the hour of Sunday liquor sales from Midnight on Sunday to 1:00 a.m. on Monday. (This action would be for all Sundays, but the impetus is because New Year's Eve occurs on a Sunday night this year.) Council concurred that the Code should be amended to comply with the statutory changes. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE ORDINANCE 89-06 AS AMENDED BY CITY MANAGER AT THE MEETING. 3 Gild 89-06 liq.lic Amend 5ale on 5un Ho~ Minutes of the city Council December 18, 1989 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Consider Findings of Fact, Conclusions and Recommendation from Administrative Law Judge Relating to Chaser's Bar violations. city Manager Unmacht handed out a letter addressed to the Council from Glenn Lubbers, and then summarized the Law Judge's findings, conclusions and recommendation. Mayor Andren presented the Liquor Committee's recommendation to the Council that the City assess the cost of $4,520 incurred in obtaining the Law Judge's ruling plus a fine of $2,000 for violation of the liquor laws. Glenn Lubbers, owner of Prior Place and Chaser's Bar, addressed the Council and requested leniency from the penalty of $4,520 in costs and $2,000 fine. Discussion followed regarding the Liquor Committee's recommendation and the possibility of allowing Lubbers to pay the costs in installments to prevent the establishment from ~oing out of business, and waiving the $2,000 fine. Further dlScussion occurred regarding the use of Administrative Law Judges. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, THAT THE CITY COUNCIL ADOPT THE NOVEMBER 22, 1989 FINDINGS OF FACT AND CONCLUSIONS OF ADMINISTRATIVE LAW JUDGE PHYLLIS RHEA. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE PENALTY IN THE AMOUNT OF $4,520 AGAINST GLEN LUBBERS/CHASER'S TO BE PAID IN EQUAL MONTHLY INSTALLMENTS WITHIN THE NEXT MONTHS. C~eIl.' ~ &vz. Law Judfje F~ ot Fad THE C~eIl. ' ~ BAR &vz. FIVE 'Pena1..;ty Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott White, the motion passed unanimously. Council requested that it be shown for the record that the Liquor Committee's recommendation for a $2,000 penalty be waived, however, should any further violations occur, the fine and the amount will be reconsidered. Lubbers addressed the Council again thanking them for their consideration and reiterated that the establishment had been at fault and he was taking action to prevent further violations. and The next order of business was Consider Final Resolution of McDonald Variance Application. city Manager Unmacht presented details of the proposal for the City to purchase the parcel south of Quincy Street from Bill McDonald. Discussion occurred on proposed uses for the parcel once the City purchased it, as well as disposition of park property already owned by the City. Further discussion occurred regarding the purchase of the parcel. Bill McDonald addressed the Council and stated he would consider repurchasing the property if the council wanted to resell it at a later date. Mayor Andren expressed an opinion that she did not agree with the proposal to purchase the property. Council discussed staff's recommendation to receive donations on the development of this property. 4 Wai..Ve/l on C~e/l ' ~ Fine Minutes of the City Council December 18, 1989 MOTION MADE BY WHITE, SECONDED BY LARSON, FOR THE CITY TO ENTER McDonald INTO A PURCHASE AGREEMENT WITH MCDONALD, WITH METHOD OF PAYMENT 'PU/l~e TO BE FINALIZED BY STAFF. Af}/leemen;t Upon a vote taken, ayes by Fitzgerald, Larson, Scott and White; nay by Andren, the motion carried. The next order of business was Consider City Ordinance Amendments to comply with the Minnesota State Statutes. The first ordinance to consider was Ordinance 89-13, amending Section 5-4-1 and 4-1 P with regard to moving residential buildings within the city. Planning Intern Schmitz presented details of moving residential buildings into, within and out of the City limits and changing the amount of the letter of credit. Discussion occurred regarding architectural design standards, and enforcement of the ordinance. Council directed staff to amend Ordinance 89-13 to reflect plans for backfilling and restoration of the property once the building was moved and determine whether this action could be handled within the City's permitting process. The next ordinance to be discussed was 89-08 Section 6-6-8 (A) dealing with land dedication for conservation purposes. Planning Intern Schmitz presented details of this amendment. A brief discussion occurred regarding the type of land this ordinance would include. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE ORDINANCE ~Mi9_08 89-08 AMENDING CITY CODE SECTION 6-6-8 AND PRIOR LAKE SUBDIVISION ORDINANCE NO. 87-10, SECTION 6-6-8. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next ordinance under discussion was Ordinance 89-12 Title 11 OMi 89-12 regarding towing of vehicles. City Manager Unmacht discussed the current restriction on the Police Department in towing of vehicles while implementing the snowbird ordinance. MOTION MADE BY LARSON, SECONDED BY SCOTT, TO ADOPT ORDINANCE OMi 89-12 89-12 AMENDING PRIOR LAKE CITY CODE SECTION 11-1-3. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The following topics under Other Business were discussed: City Manager Unmacht noted that there was a vacancy on Transportation Advisory Board if anyone on the Council interested in the position they should let him know. City Manager Unmacht asked Council to make a decision on Council meeting dates for January, since the first Monday falls on New Year's day and the third Monday falls on Martin Luther King's birthday, which are official holidays. Council concurred that the meetings should take place on the first and third Tuesdays in January. TAB the was Vacancy CouncLl Mee;tin~ ( Change) 5 Minutes of the city council December 18, 1989 Councilmember Fitzgerald discussed the subject treatment plant. Council concurred that staff the issue and make recommendations as to how to problem. of a water should review address the Wa:le/l T/lea;tmen;t 'Plan;(, oMC. Councilmember Fitzgerald discussed for elected officials which had Manager Unmacht. The next Council meeting will be Tuesday, January 2, 1990 at 7:30 p.m. the notice of a been handed out seminar by City There being no further business, the meeting 10:15 p.m. by general consent of the Council. adjourned at vld J. Unma ty Manager iJ , Ii v"1 I .~ \ '~/,-0'l'\ Dee Birch Recording Secretary 6