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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. 2 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