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
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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.
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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.
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1990
~et
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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.
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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.
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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
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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
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Dee Birch
Recording Secretary
6