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HomeMy WebLinkAbout091889 Regular MINUTES OF THE CITY COUNCIL September 18, 1989 The Common Council of the City of Prior Lake met in regular session on Monday, September 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 Engineer Anderson, Finance Director, Teschner, Parks and Recreation Director Mangan, Engineering Technician Rutherford 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 September 18, 1989 meeting were reviewed by Council. 1) Councilmember Fitzgerald added the following addendum to page Amendments 1, last paragraph, third sentence which stated "Councilmember to Minutes Fitzgerald abstained from discussion on this item due to a past personal interest in the property". The following sentence to be added: "He is reserving the option to enter into any discussion on future matters concerning this property". 2) Mayor Andren noted that on Page 3, Paragraph 5, last line, the date of September 21 should be changed to September 18. 3) Councilmember White noted that on Page 4, Paragraph 7 under Other Business, the following statement should have been added to the last sentence: lito 1-35 as expeditiously as possible. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE THE Minutes SEPTEMBER 18, 1989 COUNCIL MINUTES AS AMENDED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245 Minutes Of The Prior Lake City Council September 18, 1989 The next order of business was approval of the Consent Agenda as Consent follows: 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 Appointment Consider Approval of Consider Approval of Rick Swenson Consider Approval Consider Approval Road Supplemental Consider Approval Invoices To Be Paid Animal Warden Report Building Permit Report Fire and Rescue Report Police Report of Election Judges Final Payment for Project 86-20 Subdivision Ordinance Variances Study Fish Invoices Animal Ware Bldg Fire & Res Police Election Proj 86-20 for Swenson TKDA Schoo: Point F .P. Road Agreement Treasurers of TKDA School Speed Zone of TKDA Highway 13 and Agreement. of Treasurer's Report MOTION MADE BY WHITE, SECONDED CONSENT AGENDA ITEMS (a) THRU (k). BY FITZGERALD, TO APPROVE THE Consent Agenda Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Consider Donation to Jay's Baseball Team. City Manager Unmacht commented briefly on the success of the team, and Parks and Recreation Director Mangan reiterated that it has been a past policy of the City Council to donate to teams who have gone to the State Tournament. Council congratulated the Jays on their fine performance at the State Tournament. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, DONATION OF $100 TO THE JAY'S BASEBALL TEAM. TO APPROVE A Jays Base- ball team donation Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Consider Approval of Parks Advisory Committee Members. Mayor Andren commented briefly on the interviews and stated that Kathy Smith and Michael Crowe had also indicated interest and had been interviewed for the Committee position. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE THE Par~s APPLICANTS INCLUDING THE TWO ADDITIONAL INDIVIDUALS, KATHY SMITH Advlsory AND MICHAEL CROWE TO SERVE ON THE PARKS ADVISORY COMMITTEE. Board Councilmember White expressed an opinion regarding the possibility of staggering the Committee Chair terms in order to preserve continuity. A short discussion occurred regarding the Committee. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. As it was not yet 8:00 p.m. at which time the next item was to be discussed as a public hearing, Council bypassed the next agenda items and discussed Other Business topics. 2 Minutes Of The Prior Lake City Council September 18, 1989 city Manager Unmacht briefly commented on a copy of a letter addressed to James Bates which had been sent to the City by the Watershed District. The letter was an explanation of the DNR's denial of a pumping permit for the Watershed District's application. The Watershed District was inquiring as to whether or not the city Council wanted to request a hearing on the denial. Discussion occurred as to whether or not to request a public hearing. It was decided to leave it to the Watershed Board to request one if they so desired. No further action occurred. The next item discussed was the upcoming workshop to be held on Thursday, October 5. A proposed agenda was presented for review. Discussion occurred as to what extent the Parks Advisory Committee should be involved and whether or not a variance item was covered in the Workshop Agenda. No further action occurred. The last discussion under Other Business was a synopsis by City Manager Unmacht of the lastest Savage Planning Commission/City Council Meeting related to Highway 13 and County Road 42 development. Councilmember Larson suggested that the Highway 13 Task Force be asked to comment on the development proposal. Discussion occurred regarding the Metropolitan Council and urban service area approval process. It was agreed that this issue would be discussed further at the October 5 Workshop. No further action occurred. A short recess was called. The meeting reconvened at 8:00 p.m. The next order of business was Conduct Assessment Hearing onP.H. Downtown Overlay Project 89-11 - Resolution 89-24. Mayor Andren Assessment called the Public Hearing to order at 8:01 p.m. and read the for public notice as it appeared in the Prior Lake American on August Downtown 28 and September 4, 1989. Cit~ Manager Unmacht stated that City Improvement Engineer, Larry Anderson, and Flnance Director, Ralph Teschner, Project 8~ were present to answer questions and present details of the 11 project. Finance Director Teschner then presented overheads which summarized the project cost, method of assessment, assessment classification, rates, terms, and method of payment as well as a sample assessment for illustration purposes. The following residents questioned Teschner on various aspects of the assessment procedures: Claudia Will 4411 Dakota Street Tom Busse 4453 Dakota Street James Weninger 2591 Spring Lake Road Al Rothstein 4466 Dakota Street 3 Minutes Of The Prior Lake city Council September 18, 1989 Norbert Traxler Attorney for Holy Methodist Trinity Church 16150 Arcadia street Susan Warmka Representative for st. Michaels Church 16311 Duluth Avenue Those who had submitted written appeals on the assessment were: Holy Trinit~ Methodist Church 16150 Arcadla Street st. Michael's Church 16311 Duluth Avenue S. Ar1ys Hoffmeyer 16054 Cambridge Circle Elliott and Carol Rivera 16078 Cambridge Circle Bruce Stahnke 4590 Colorado Letters from those parties appealing the assessment were entered into the record and are on file in the City Manager's office. Teschner discussed the appeal process and explained methods citizens should use to appeal the assessment. Discussion occurred on constitutional rights with regard to assessment of church property. Both Susan Warmka and Attorney Traxler spoke against the assessment and questioned the benefit that Holy Trinity Methodist Church and st. Michael's Catholic Church respectively would derive from the improvement. Discussion followed regarding the benefit of street improvements, fair and e9Uitable assessment and the appeal process. Extensive dlScussion occurred on the aspect of appraisals and the assessment procedures. MOTION MADE BY WHITE SECONDED BY , TO ADOPT RESOLUTION 89-24 SUBJECT TO THE APPEAL AND SUBMITTAL OF APPRAISALS BY THE TWO CHURCHES. Motion died for lack of a second. Further discussion occurred on accepting appraisals from the property owners without benefit of an appraisal from a City appointed appraiser, the cost of appraiser/court hearings, etc. MOTION MADE BY FITZGERALD SECONDED BY , TO ADOPT THE ASSESSMENT ROLE AS SUBMITTED WITH THE EXCEPTION OF THE TWO CHURCH PARCELS AND DIRECT STAFF TO RETURN TO COUNCIL IN TWO WEEKS WITH AN EVALUATION OF THE ASSESSMENT POLICY REGARDING RESIDENTIAL VS COMMERCIAL APPLICATION FOR THIS PROPERTY. Motion died for lack of a second. 4 Minutes Of The Prior Lake City Council September 18, 1989 Discussion occurred amount exceeded the advised that they assessment. City assessment process figure. on benefit and whether or not the assessment benefit derived. Church representatives were do have a statutory right to appeal the Manager Unmacht further explained the and how the City staff arrived at a cost MOTION MADE BY LARSON, SECONDED BY SCOTT, TO ADOPT THE ASSESSMENT Assessment ROLL AS PRESENTED AND ENCOURAGE THE TWO ORGANIZATIONS WHO HAVE Adoption EXPRESSED CONCERN TO PURSUE THEIR STATUTORY REMEDIES UNDER THE LAW. City Manager Unmacht then (for the record) stated that 250050140 belonging to a senior citizen had applied deferred assessment, has met the criteria and should be so as part of the motion. Mayor Andren also requested that Larson submit an amended motion to include the $588,301.93 ad valorem tax. Staff also requested that change of ownership for one parcel be from Independent School District 719 to the City of Prior Lake be added as an amendment to the motion as well. Parcel for a noted Larson and Scott accepted the amendments. The motion should now read as follows: MOTION BY LARSON, SECONDED BY SCOTT TO ADOPT THE ASSESSMENT ROLL Full AS PRESENTED AND ENCOURAGE THE TWO ORGANIZATIONS WHO HAVE Motion to EXPRESSED CONCERN TO PURSUE THEIR STATUTORY REMEDIES UNDER THE accept LAW. THE MOTION SHOULD INCLUDE A NOTATION THAT ON PARCEL the 250050140 A DEFERRED ASSESSMENT HAS BEEN REQUESTED BY A SENIOR Assessment CITIZEN, THE $588,301.93 AD VALOREM TAX AMOUNT CHANGE SHOULD BE Roll NOTED, AND THE CHANGE OF OWNERSHIP FROM INDEPENDENT SCHOOL DISTRICT 719 TO THE CITY OF PRIOR LAKE FOR ONE PARCEL BE REFLECTED AS WELL. Larson also added that it is important that someone with the expertise of appraising a property should be presented with the evidence and render an opinion. Fitzgerald wanted Larson to clarify his motion as to whether the other citizens in addition to the two churches who were contesting the assessment should also be encouraged to pursue the same action. Larson concurred. Upon a vote taken, ayes b~ Andren, Fitzgerald, Larson, and Scott, nay by White, the motlon carried. P.H. MOTION MADE BY LARSON, SECONDED BY WHITE, TO ADJOURN THE HEARING Adjourn FOR PROJECT 89-11. 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 9:28 p.m. 5 Minutes Of The Prior Lake City Council September 18, 1989 The next order of business was Consider Proposal Submitted on Beach Lan{ Beach Lane From Sportsmans Club. City Manager Unmacht briefly reviewed past events with regard to Beach Lane. Gale Klingberg, President of the Sportsmans Club, stated that Sportsmans Club members were present to answer any questions. Discussion occurred with regard to the five points of the Agreement between Beach Lane residents and the Sportsmans Club. Those five points were as follows: 1. Install two signs (one each direction) on Beach Lane indicating "Road Closed 11:00 p.m. to 6:00 a.m. 2. Install two signs (one each direction) on Beach Lane indicating "Residential area, ~lease respect neighborhood; no litter, noise or speedlng" or words to that effect. 3 . Improve winter access on Sand Point Beach. stricter City enforcement of "no parking" area within the neighborhood (area to be expanded if need arises and fines and towing enforced). Have the city investigate which streets/lanes (i.e. Beach Lane) still exist around Prior Lake that could be used as accesses, and then within two Council meetings have the City Council take action to open them for use such as Beach Lane. 4. 5. Extensive concurred the many following discussion occurred on the above five points. Council that issue #5 would not meet with their approval due to problems associated with an item of this nature. The residents spoke to the issue: Scott Donaldson Fred Prindle William Sandmeier (Agent for LaVonne Wilson) Frank Anderson Further discussion occurred regarding the easement rights, the purpose of the easement, costs to the citr to enforce the five items, maintenance and other aspects of the lssue. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO BRING THIS Beach MATTER BACK IN TWO WEEKS DURING WHICH TIME THE PROPOSAL WOULD BELane FINE TUNED WITH INPUT OF CITY STAFF, SPORTSMANS CLUB AND Tabled NEIGHBORHOOD REPRESENTATIVES TO ADDRESS THE ISSUES AS IT RELATES TO ENFORCEMENT AND MAINTENANCE OF THE FACILITY AND, ALSO, TO INCORPORATE INTO THE PROPOSAL THE EXPRESS UNDERSTANDING ON BEHALF OF THE CITY THAT THE CITY IS IN NO WAY ACCEPTING THE FACT OF THE QUALITY OF THE EASEMENT, BUT AGREEING TO SUCH A PROPOSAL IN AN EXPEDIENT MANNER TO DEAL WITH THE ISSUE. 6 Minutes Of The Prior Lake city Council September 18, 1989 Extensive discussion occurred with regard to the Andren commented on the five points of the questioned as to what degree time and money would the City on the access. Upon a vote taken, ayes by Andren, Fitzgerald, Scott and nays by Larson and White, the motion carried. issue. Proposal be expended Mayor and by A short recess was called. The meeting reconvened at 10:40 p.m. Item #8 was by-passed in Crystal order to address item #9 - Consider staff Report on Dred9ing of Bay Crystal Bay. City Engineer Anderson reviewed the appllcation Dredging which City staff had received from the Crystal Bay Association. Issue Councilmember Fitzgerald voiced concern over having Council hear this item until a public hearing could be called to give all residents an opportunity to comment. The general consensus of the Council was to hear the presentation tonight in order to evaluate the application and determine whether a public hearing is appropriate. Engineering Technician Rutherford presented two maps and slides of the area as well as a proposed site for storage of the fill. David Vinlove, spokesman for the Crystal Bay Association and residents, discussed the application. Council then discussed the application and how it pertained to specifications of the Shoreland District and why approval by the Corp of Engineers regarding the land fill site was required. Council expressed concern over possible damage to the seal on the lake bottom and whether or not the Association was required to have an EAW. Council concurred that a public hearin9 or town meeting should be held to give all residents an opportunlty to respond. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO HAVE STAFF Motion SCHEDULE A TOWN MEETING ON OCTOBER 2, 1989 AT 8:00 P.M, OR TIME for TO BE DETERMINED, ON THE DREDGING APPLICATION OF THE CRYSTAL BAY Town RESIDENTS. Meeting Crystal environmental impact, if Bay the ~ublic hearing/town publlC notice in the bulletin board would be Further discussion occurred regarding any, and the method of announcing meeting. Council concurred that a newspaper and posting on the City sufficient. 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 12:06 p.m. 7 Minutes Of The Prior Lake City Council September 18, 1989 The next order of business was to Discuss Outline for MunicipalAnnexation Annexation. The statutes covering annexation were briefly discussed. Councilmember White presented a synopsis of the AMM's policy on the issue. Discussion occurred on policy priority the AMM will place on this particular polic~. Councilmember White replied that it would be a reactive POllCY as opposed to a proactive policy. Further discussion occured on the annexation process. The next order of business (but not listed on the Agenda) was a Water briefing by City Manager Unmacht on the water tower refurbishing. Tower Unmacht summarized the events as they transpired with regard to Incident findings that the paint primer being removed from the water tower had a 6% lead content. Unmacht discussed the measures incorporated by staff to notify surrounding residents and, in addition, elaborated on the public meeting held last Saturday, September 16, 1989. Unmacht also discussed additional measures being taken with regard to having blood tests run on children under age 6 and pregnant women. City Engineer Anderson discussed the clean-up operation and completion of the paint removal process as well as measures being taken to prevent further disbursement of the dust. Mayor Andren sU9gested that Council consider requesting staff to draft a resolutlon encouraging the MPCA to establish a standard for emergencies such as the water tower incident in order to give munlcipalities guidelines on what action to take during such an emergency. Council concurred to this suggestion. The next Council meeting will be Monday, October 2, 1989 at 7:30 p.m. There being no further business, the meeting adjourned at 12:35 a.m. by general consent of the Council. David J. Unmacht City Manager Dee Birch Recording Secretary 8