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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.
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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
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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.
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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
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