HomeMy WebLinkAbout080789 Regular
MINUTES OF THE CITY COUNCIL
August 7,1989
The Common Council of the City of Prior Lake met in regular
session on Monday, August 7, 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, Parks and Recreation Director Mangan, Planning
Intern 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 July 17, 1989 meeting were reviewed by
Council.
MOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE JULY 17, A~prove
1989 MINUTES AS SUBMITTED. Mlnutes
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next
follows:
a)
b)
c)
order of business was approval of the Consent Agenda as
d)
e)
Consider Approval of Invoices to be Paid
Consider approval of Mayoral Appointment
Commissioners
Consider Approval
Permit Request from
25-27, 1989
Consider Approval of Economic Development
Reappointments
Consider Approval of Adopting Ordinance 89-04
of
Invoices
EDA EDA Commi tt
of Temporary Intoxicating LiquorLiquor Per
Jaycees for Lakefront Days August Jaycees
. Lakefront
Commlttee
EDC Appts.
Ord. 89-04
MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPROVE
CONSENT AGENDA ITEMS (a) thru (e).
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott
White, the motion passed unanimously.
THE Approve
Consent
Agenda
and
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
Minutes of the Prior Lake City Council
August 7, 1989
The next order of business was Rec09nize VFW for Memorial Park
Contribution. Parks and Recreatlon Director Mangan introduced
Post Commander, Chuck Dresen who briefly discussed plans for the
construction of an aluminum grandstand with steel beam
construction proposed to be built next Spring in the park.
Dresen then introduced the following VFW members who were in the
audience: Quartermaster, Tony Conroy; Grandstand Committeeman,
Gary Allen; Committee Members, John Murray and Claron ottman, and
past Post Commander, Art Draeger. Mayor Andren thanked the VFW
for their contribution. Mangan elaborated further on proposed
future plans for the grandstand. Pictures of the Mayor thanking
the members were taken. It was also proposed that pictures be
taken during the future ground breaking ceremony.
The next order of business was Consider Request of Prior
Lake-Spring Lake Watershed District. Don Benson and Rick Adams
from the Watershed Board were present to discuss the Watershed
Board's request for approval from the Council of a resolution
pertaining to details on a feasibility study relating to the
"causeway" between upper and lower Prior Lake. Rick Adams
addressed the Council concerning the Watershed Board's request,
and stated that they were still waiting to hear from the State of
Minnesota on who owns the property where the causeway is
situated. Discussion followed regarding funding, ownership,
possible assessments, purpose of having support from the Council,
etc. Kathy Space addressed the Council expressing her opposition
to the State taking land located in the causeway. According to
Space the land belongs to them not the state. Don Benson stated
that the purpose of coming before the Council is to obtain their
support and encouragement to proceed with a feasibility study to
evaluate the situation. Adams stated that adoption of the
Resolution is not required at this time. Discussion followed.
MOTION MADE BY FITZGERALD, SECONDED BY LARSON, THAT THE CITY PL/SL
COUNCIL SUPPORT THE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT'S Watershed
EFFORTS TO EVALUATE THE LEGAL AND PHYSICAL IMPACT OF CLEARING THE Clearing of
CAUSEWAY BETWEEN UPPER AND LOWER PRIOR LAKE. Causeway
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
Benson stated that public hearings would be held before any
decisions would be made on the removal of the causeway.
The next order of business was Conduct Public Hearing on Jace
Mickley Street Vacation Request. Mayor Andren called the public
hearing to order at 8:15 p.m. and read the legal notice published
in the Prior Lake American on July 24 and July 31, 1989.
Planning Intern Schmitz distributed revised Resolution 89-13 and
presented details of the vacation. Mayor Andren asked if there
was anyone in the audience who wanted to comment. No one was
present to comment except the Mickleys who were requesting the
vacation. Jace Mickley addressed the Council and explained his
reasons for requesting the vacation. Discussion followed.
Councilmember Fitzgerald reminded Council of their previous
positions with regard to the issue of vacating land adjacent to
the lake. Fitzgerald requested that this issue be part of the
upcoming Planning Commission workshop.
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Minutes of the Prior Lake city Council
August 7, 1989
MOTION MADE BY WHITE, SECONDED BY SCOTT
RESOLUTION 89-13 VACATING AN UNIMPROVED ROAD
SPRING LAKE TOWNSITE.
, TO APPROVE AMENDED Amended
WITHIN THE PLAT OF RS 89-13
Mickley
Vacation
and
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott
White, the motion passed unanimously.
MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO ADJOURN Adjourn
THE PUBLIC HEARING. Pub Hearing
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 8:35 p.m.
The next order of business was Consider Mickley Variance Appeal
From Don Price. A neighbor, Don Price, was represented by his
attorney, Peter Beck, who addressed the Council with arguments
against the granting of the variance. Jace Mickley spoke for his
mother, Mae MiCkley, who was re~esting the variance. Discussion
followed regarding the feasibillty of an alternative location for
the garage or reducing the size of the garage. Discussion also
followed on hardship in relation to the SUbdivision ordinance.
MOTION MADE BY LARSON, SECONDED BY WHITE, TO SUPPORT THE PLANNING
COMMISSION'S DECISION TO GRANT THE VARIANCE BASED ON THE Support of
FOLLOWING FINDINGS: TOPOGRAPHY OF THE PROPERTY; EXISTING Mickley
OVERS TORY ON THE PROPERTY WHICH WOULD HAVE TO BE REMOVED IF THE Variance
GARAGE LOCATION CHANGED; APPROPRIATENESS OF AN ATTACHED GARAGE TO
INCLUDE AN EYE FOR EXPANSION TO INCLUDE A GARAGE IN THIS
LOCATION, AND THE FACT THAT A DIFFERENT JURISDICTION APPROVED THE
HOME CONSTRUCTION AT A TIME WHEN ZONING CODES WERE DIFFERENT
(EAGLE CREEK TOWNSHIP). THE FINDINGS SUPPORT THE REQUEST FOR A
VARIANCE AND THEREBY OBSERVE THE SPIRIT AND INTENT OF THE
ORDINANCE.
Discussion followed.
COUNCILMEMBER FITZGERALD OFFERED A FRIENDLY
RECOMMENDING CONSIDERATION OF THE CHARACTER OF THE
AND THAT AN ALTERNATE PLACEMENT OF THE GARAGE WOULD
REAR YARD ENVIRONMENT OF THE PROPERTY.
AMENDMENT Friendly
NEIGHBORHOOD Amend
DESTROY THE Mickley
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 9:20 p.m.
Due to the late hour, Council elected to consider Item #9 before
Item 8. Consider Items of the Shakopee Mdewakanton sioux
Community. City Manager Unmacht introduced sioux Community
members, John Herrera, Finance and Development Director and
Allene Ross, Secretary/Treasurer of the Tribal Council. Unmacht
then briefly reviewed and capsulized the following three items:
3
Minutes of the Prior Lake City Council
August 7, 1989
1. Rec09nition of $5,000 donation
2. Conslder McKenna road paving
3. Report on sewer improvement project
Unmacht discussed the $5,000 donation which was given b~ the
Sioux Community as a good faith pledge in consideratlon of
payment in lieu of taxes. The purpose of this item is to 9ive
the Council an opportunity to recognize receipt of the donatlon.
Allene Ross expressed appreciation on the part of the Sioux
Community for city services provided to the reservation. Council
expressed gratitude to the officials for the donation.
Unmacht then discussed plans for paving McKenna Road and stated
City Engineer, Larry Anderson had been working on details of the
paving request. The purpose for presenting this item was to ask
for Council approval. It is understood that the Sioux Community
would pay for the paving. Discussion followed regarding funding,
speed limits and maintenance of the road. Staff was directed to
look into requirements for setting speed limits on McKenna Road.
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE
AGREEMENT AUTHORIZING THE PAVING OF MCKENNA ROAD CONTINGENT
APPROVAL AND REVIEW BY CITY MANAGER AND CITY ATTORNEY.
THE Agree
UPON Paving
McKenna Rd.
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott
White, the motion passed unanimously.
Unmacht briefly discussed the status of the Shakopee Mdewakanton
Sioux Communit~ Sewer Improvement Project. Unmacht stated
revisions are belng made to the current agreement. Discussion
followed regarding the revisions and the matter of obtaining a
irrevocable letter of credit from the bank. Staff stated that
the revised agreement will be presented to the council at a
future meeting.
and
A short recess was called.
The meeting reconvened at 9:40 p.m.
The next order of business was Consider Approval of L.B.J.
Grain, Inc. and B & D Bar and Restaurant, Inc. Purchase
Agreement. Assistant City Manager Schmudlach discussed details
of the agreement, and stated that storm sewers are now installed
and Joe Feldman has agreed to pay for the installation should the
agreement with the City for some reason not be completed. Ms.
Schmudlach stated that neither Joe Feldman or John Dennis were
present. Dennis previously had agreed to attend the meetin9 and
bring sketches of his plans for improving the Galleon bUl1ding
and ei9ht feet of property next to the lot under consideration by
the Clty. Discussion followed with regard to Dennis's
landscaping plans and future use of the north lot.
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO TABLE THIS ITEM Table
UNTIL PLANS CAN BE PRESENTED FROM OWNER ON THE FACADE OF THE Purchase
GALLEON BUILDING AND IMPROVEMENT OF THE EIGHT FOOT PIECE NEXT TO Agree
THE NORTH LOT BEING OBTAINED BY THE CITY. Galleon
Bldg.
4
Minutes of the Prior Lake City Council
August 7, 1989
Discussion followed on the future use of the property, the north
lot and development in the downtown area.
Upon a vote taken, ayes by Fitzgerald, Larson, White, nays by
Andren and Scott, the motion carried.
Assistant City Manager Schmudlach asked if there was any other
information the Council would like to have. Councilmember
Fitzgerald stated he would like to see what the owner has in mind
for the building including landscaping and building improvement
plans. Councilmember White stated that he voted for the motion
on the assumption that a two week delay would not jeopardize the
street contract.
The next order of business was Discuss Lake Review and Parks
Advisory Board. City Manager Unmacht handed out folders
containing letters from residents who have volunteered to serve
on the committees. The purpose of this item was for staff to
obtain direction from Council to ascertain how members should be
selected for the committees. Discussion followed regarding the
method of selecting committee members and extending the closing
date for accepting volunteers.
MOTION MADE BY SCOTT, SECONDED BY FITZGERALD, TO EXTEND THE
APPLICATION DEADLINE TO AUGUST 14 FOR THE LAKE REVIEW COMMITTEE
AT WHICH TIME A COMMITTEE CONSISTING OF CITY MANAGER UNMACHT,
MAYOR ANDREN AND COUNCILMEMBER LARSON WOULD INTERVIEW AND
RECOMMEND CANDIDATES TO CITY COUNCIL FOR THE LAKE REVIEW
COMMITTEE.
Extend
Appl.
Lake Review
Committee
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
Discussion followed.
MOTION MADE BY SCOTT, SECONDED BY FITZGERALD, THAT THE Formulate
AFOREMENTIONED COMMITTEE WOULD ALSO TAKE ON THE DUTIES AND Charge
RESPONSIBILITY TO FORMULATE AND RECOMMEND TO THE CITY COUNCIL A Lake Review
CHARGE FOR THE COMMITTEE AND ALSO ESTABLISH INITIAL PARAMETERS Committee
FOR THE FIRST MEETING.
Discussion followed regarding the establishment of the charge.
Councilmember Fitzgerald stated that when he seconded the motlon
it was with the understandin9 that the committee develop their
recommendations without initlal any Council restrictions.
Upon a vote taken, ayes b~ Andren, Fitzgerald, Larson, Scott, nay
by White, the motion carrled.
The next order of business was discussion of the Parks Advisory
Committee and how the committee would be formed.
MOTION MADE BY LARSON, SECONDED BY SCOTT TO APPROVE THE FORMATION Formation
OF A COMMITTEE TO PERFORM A SIMILAR FUNCTION WITH RESPECT TO THE Parks
PARKS ADVISORY COMMITTEE, AND THAT THE COMMITTEE WOULD CONSIST OF Advisory
CITY MANAGER UNMACHT, MAYOR ANDREN AND PARKS AND RECREATION Committee
DIRECTOR MANGAN TO REVIEW THE APPLICATIONS FOR THE COMMITTEE AND
RECOMMEND CANDIDATES TO THE COUNCIL.
5
Minutes of the Prior Lake City Council
August 7, 1989
Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and
White, the motion passed unanimously.
The next order of business was Discuss 1989-1993 Capital
Improvement Program. City Manager Unmacht suggested that it
might be more expedient to place the CIP on the agenda at the
same time with the Budget presentation. Discussion followed with
regard to the subjects of an industrial park study, Lakefront
Park access, public marina, a possible workshop on Lakefront Park
issues and other items. No other action was taken.
Discussion occurred on a date for a Planning Commission/council
workshop. Council concurred that the workshop should be held on
September 6 from 3:00 to 5:00 p.m. to discuss Lakefront Park and
7:00 to 10:00 p.m. with the Planning Commission. An alternate
date was set for September 21, same time schedule.
Further discussion occurred on the CIP.
Under Other Business the following topics were discussed:
City Manager Unmacht briefly discussed Beach
stated that the DNR is not interested in
involved in the property at this time.
Mayor Andren commented on a case between the DNR and
Arden Hills regarding public access parking.
Lane and
getting
Councilmember Fitzgerald raised the subject of the
Shakopee Bypass situation and suggested that Council
support a resolution supporting a four lane highway
instead of the two lane one as proposed by the state.
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, THAT A
RESOLUTION BE DRAFTED IN SUPPORT OF RETAINING THE FOUR
LANE HIGHWAY CONCEPT FOR THE SHAKOPEE BYPASS.
Resolution
be drafted
Shakopee
By-Pass
Upon a vote taken, ayes by Andren, Fitzgerald, Larson,
Scott and White, the motion passed unanimously.
City Manager Unmacht briefly commented on a letter
received from Jim Dunn's attorney regarding Lakeside
Marina.
The next Council meeting will be Monday, August 21, 1989 at 7:30
p.m.
There being no further business, the meeting adjourned at 11:20
p.m. by general consent of the Council.
~1r~~
Kay Sc mudlac
As ',stant City Manager
{ /.
. _ ./, -7 . '
./.i.( NGL(I(
Dee Birch
Recording Secretary
6