Loading...
HomeMy WebLinkAbout050189 Regular MINUTES OF THE CITY COUNCIL May 1, 1989 The Common Council of the City of Prior Lake met in regular session on Monday, May 1, 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, Assistant City Planner Garross, Parks and Recreation Director Mangan, 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 April 17, 1989 meeting were reviewed by Council. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE MINUTES Minutes AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next follows: a) b) c) d) e) order of business was approval of the Consent Agenda as f) Consider Approval Consider Approval African Guests of Consider Approval Consider Approval Consider Approval Couple's Softball June 4, 1989 Consider Approval of Prior Lake Jays Baseball Jay's 3.2 Association Request for a 3.2 Beer License from May 7 Beer Lic. thru August 13, 1989 of Invoices To Be Paid of Resolution 89-07 Recognizing South the Prior Lake Rotary Club of the "Trees" Final Plat of DARE Program of Temporary 3.2 Beer Permit for B & D Team for Saturday, June 3 and Sunday, Invoices S.African RS 89-07 Trees DARE Progrc 3.2 B&D Softball MOTION MADE BY WHITE, SECONDED BY CONSENT AGENDA ITEMS (a) THRU (f). LARSON, TO APPROVE THE Consent Agenda 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 I,' " :) . " ,~ iJ,t. I r- $" ;1 P .. :; ..,r ~ ;:,"/~/ 1';"/ ! /~.- 11/ ~ --: > C r- 0 / pC t Pc:;' . '; ~ ,r "I. I ; '/ '- ~.'..-- ') >;P')jVi Minutes of the Prior Lake City Council May 1, 1989 The next order of business was Second Consideration of Sand Point Sand Point Beach Access Plans and Agreement and discussion of the proposed Dewitte parking lot at the Dewitte Avenue public access. City Manager Access Unmacht presented a brief synopsis of previous actions on these issues, and since residents in the Dewitte Avenue area were present, the Council decided to discuss this issue before the Sand Point Beach access issue. Mayor Andren questioned Mike Markell, DNR Representative, regarding the points of concern which some of the Dewitte Avenue residents had submitted to her and asked him to respond to the following questions: 1. What the DNR intends to do relative to parking problems at the access? 2. What the DNR's plans are for a temporary gravel base parking lot? 3. Would the DNR conduct an informational meeting with residents affected by the proposed parking lot Dewitte in order to clarify concerns? the on ...-..--.- .;;. Mike Markell addressed the Council and responded to the questions. Markell assured the Council that the DNR would not develop the proposed parking lot on a temporary basis, and would return to Council with a set of plans as well as conduct an informational meeting. Pat Worrell, 3289 Kent, ex~ressed concerns of the residents, and presented the Council wlth a petition signed by Dewitte Avenue residents. The three points listed on the petition were: 1. Requested that the DNR and City Council honor the "agreement" which was previously decided in 1982 with the residents. The "agreement" called for no temporary solution or "quick fix". (city Manager note: no agreement can be found on record. Indications are that the agreement was probably an understanding between the City, DNR and the residents.) 2. The residents oppose any zoning changes until such time that the City, County and State can enforce the existing parking lot at the access, and on residents lawns and city streets. 3. Residents requested that the plan be formulated to keep the driveways and intersections at Kent Street, Dewitte Avenue and Todd Street open to local traffic. 4. The residents asked that the same consideration be given to the safety aspect at Dewitte as the City is giving Sand Point Beach access residents. A major concern is the speed at which the cars come up from the access. No stop signs are posted where the cars are exiting the access into the intersection of Todd, Dewitte and Kent. The above list of concerns was entered into the record. 2 Minutes of the Prior Lake city Council May 1, 1989 The following residents addressed the Council and concerns over illegal parking, parking fines, towing clean up maintenance of the proposed lot, dredging of and alternative parking at the Spring Lake Regional Park Cindy Jepson Carol Hunting Dana Krakowski Greg Duffy Dale Riep~el Kitty Cahll1 voiced policy, the bay area: Extensive Council discussion followed on the feasibility of using the Spring Lake Regional Park area for parking or boat access. Larry Killien, DNR Representative, discussed clean up, outwash at the ramp, washing of the rip rap area, and the mound of dirt near the access. Also discussion occurred on City policy of towing automobiles parked illegally, parking fines and zoning jurisdiction. Mayor Andren requested that the informational meeting which the DNR plans to conduct with the Dewitte access residents be held at City Hall and that City staff be advised of the time and date of the meeting. City Manager Unmacht stated that Staff would be placing the issue of considering an increase in parking fines at the May 15 Council meeting. Mayor Andren summarized the Council's decision on the issue: The DNR would hold informal informational meetings the residents and, in the meantime, review their for the proposed parking lot. 2. Later in the summer the DNR will be conducting a formal informational meeting to be held with ap~ropriate City Staff to address the various concerns WhlCh have been discussed tonight. 1. with plans 3. No temporary parking lot be provided. Council again directed Staff to bring the issue of increasing the parking fines and enforcement of the no parking rule to the City Council on May 15. A short recess was called. The meeting reconvened at 8:30 p.m. The next order of business was a continuation of Sand Point Beach Access Plans and Agreement. Parks and Recreation Director Mangan presented a plan of the proposed alternate entry off of Crest Avenue into the Sand Point Beach parking area. The proposal calls for an improvement of $18,700. Discussion followed regarding State criteria for construction of an additional road into the park area, monitoring of the traffic, location of signs and whether or not the City should proceed with an alternative access now or monitor the existing access and make a decision at a future date. 3 Minutes of the Prior Lake City Council May 1, 1989 MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE DNR PLANS FOR SAND POINT ACCESS SUBJECT TO THE MODIFICATIONS OF A SEPARATE ACCESS TO SAND POINT BEACH FROM CREST AVENUE. Further discussion occurred on R1 zonin9 and whether the DNR is subject to the City zoning code. Clty Manager Unmacht quoted from the March 15, 1982 minutes a statement by previous city Manager McGuire that lIunder Chapter 3, section 5-3-1 Land Use Regulations, City Code states that under Rl suburban residential that public parks and playgrounds are a permitted use and that a public access falls under that definition". Councilmember Larson reiterated that Council should assure that the access is either appropriately zoned or a process put in place to amend the code so it becomes appropriately zoned. Note: Councilmember Fitzgerald stated that the reference to the March 15, 1982 minutes should be considered in the above motion. Council concurred. The Council further agreed that no zoning code inconsistencies exist in this specific case because of previous actions of the Council (March 15, 1982) and because the parking lot for the Sand Point Beach access is contiguous to the actual access itself. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Council then considered the Sand Point access Agreement with the DNR in which suggested amendments were incorporated from the last discussion. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE THE AMENDED CREST AVENUE, DNR PUBLIC ACCESS AGREEMENT AS SUBMITTED. Discussion followed regarding a fishing pier grant and possible funding from the Lions Club. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Council concurred that Staff should begin an ordinance evaluation on the Dewitte public access parking lot which is located in a R1 District and not contiguous to the access. A short recess was called. Sand Point Access Agreement & Plans wi th DNR Crest Avenue (Sand Poin1 Beach) Access DNR AGR. The meeting reconvened at 9:20 p.m. The next order of business was Conduct Public Hearing on Ron PH - Clark Administrative Plat and Variance Request. Mayor Andren Ron Clark called the Public Hearing to order at 9:21 p.m. and read the Variance public notice as it appeared in the Prior Lake American on April 24 and May 1, 1989. Assistant City Planner Garross presented details and a map of the proposed division of property. Property owner, Ron Clark, addressed the Council and entered two letters from adjacent property owners into the record. The property owners had no objection to the variance request. 4 Minutes of the Prior Lake City Council May 1, 1989 MOTION MADE BY LARSON, ADMINISTRATIVE PLAT AND CONDITIONS: SECONDED BY FITZGERALD, TO APPROVE THE Ron Clark VARIANCES SUBJECT TO THE FOLLOWING Variance 1. THE GARAGE ON LOT 10 BE REMOVED. 2. THE PROPOSED BASEMENT ELEVATION OF THE STRUCTURE PLANNED FOR LOT 10 BE CHANGED FROM 906.4 to 909. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. PH MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO ADJOURN THE Adjourned PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Consider Appeal of Staff Don JOhnSOl Decision on Don Johnson Building Permit Request. Councilmember Appeal Larson excused himself from the discussion and left the Council Chambers because Johnson is his neighbor. ~.'''.~ City Manager Unmacht presented a brief background on the issue and Assistant City Planner Garross presented an overhead of the lot plan and gave a summary of previous decisions of the Planning Commission and City Council. Staff had requested a survey be 1 done to assure the structure would be in conformance with the 904 "'Vi> ,1)..,,< setback requirement. Attorney Norb Traxler, representing owner, ,,":~ur sl ~'). Don Johnson, addressed the Council and discussed the surveys and \,,\ :') I j stated reasons why Mr. Johnson should be allowed to retain the ::"~i~ \IV shed structure. Discussion followed regarding the existing >i:i- structure and setback requirements. Councilmember Wh!.t~_____st~t~..9j.,r it should show for the record that Dr. Coe ha~withdrawn his objection to the structure. MOTION MADE BY WHITE, SECONDED BY AND HAVE STAFF TO LOOK INTO THE CITY'S AVERAGING AND GIVE THE APPLICANT AN SURVEY WHICH HAD BEEN REQUESTED. , TO TABLE THE ISSUE INTERPRETATION OF RULES ON OPPORTUNITY TO PRODUCE THE Motion failed for lack of a second. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO DENY THE BUILDING PERMIT FOR THE REC-STORAGE STRUCTURE ON THE GROUNDS THAT HE DOES NOT MEET THE 75 FOOT LAKESHORE SETBACK OR HAS FURNISHED STAFF WITH THE NECESSARY INFORMATION TO UTILIZE SETBACK AVERAGING TO REDUCE THE SETBACK AS SPECIFIED IN THE ZONING CODE. Don J ohnsor Bldg. Permj Variance Upon a vote taken, ayes by Andren, Fitzgerald, Scott; nay by White, the motion carried. 5 Minutes of the Prior Lake city Council May 1, 1989 The next order of business was Second Consideration of Massage Therapy Application of Enid Ree Erickson Gardner. city Manager Unmacht briefly reviewed the details, and ~ointed out that Clty Code, section 3-5-3-8 C states "any falsiflcation of information on a license application shall result in denial of said license". Unmacht stressed that Staff did not make any qualification or interpretation of applicant's intent related to answering the question, but that the information simply was not accurate. Mayor Andren asked Ms. Gardner if she had any further information for the record. Ms. Gardner stated that she had nothing further to add. A short discussion followed regarding whether the applicant could or could not reapply. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO DENY THE APPLICATION BASED ON CITY CODE SECTION 3-5-3-8C. Enid Ree Erickson Gardner Massage Therapy Request for License Gardner Massage Therapy Denied Further discussion occurred regarding the application form in relation to the ordinance. City Attorney stated that according to the City Code Section 3-5-3-8C if the conviction is one of moral turpitude, then the applicant could be denied a license, but if the expungement had occurred before the applicant had applied then it would not be valid to deny the license on her answer. It was generally agreed that the applicant could reapply, but in no way does the Council guarantee that the applicant would be granted a license should she reapply. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Presentation of Trunk Highway 13 and County Road 21 Plans and Specifications and Consider Approval of Resolution 89-08 Restricting Parking on CR 21. City Engineer Anderson presented plans and details of the proposed roadway, safety and signage of the intersection at CR 21 and Main Avenue. Discussion occurred on proposed lighting, sidewalk, bike trails, landscaping and other details on the extension of CR 21 east of TH 13. Cost was also discussed, and Anderson presented the portion for which the City would be responsible. Methods of financing will be brought back at a later date for discussion. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE THE TH 13 PLANS AND SPECIFICATIONS FOR CSAH 21 AND TH 13. and CSAH 2: Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPROVE COOPERATIVE AGREEMENT 21-8901. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. Coop. Agreement forTH13 & CSAH 21 MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE RESOLUTION RS 89-08 89-08 RELATING TO PARKING RESTRICTIONS ON COUNTY STATE AID Parking HIGHWAY 21. on CSAH 21 6 Minutes of the Prior Lake city Council May 1, 1989 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Consider Items from Council Workshop. Parks and Recreation Director Mangan discussed the establishment of a Parks Advisory Committee and long range plans for development of Lakefront Park, and requested further direction from Council. Mangan was directed to proceed as soon as possible with both the Parks Advisory Committee and to talk to the Kops with regard to further development of Lakefront Park . Under Other Business the following subjects were discussed: City Manager Unmacht reported on the status of Titus II litigation. city Manager Unmacht 'announced that -a-'~ MWCC would be on May 12, 7:30 a.m. at the Lafayette Lake Minnetonka at which time the MWCC budget would be presented. Senior Citizen's lunch will be held on May 8, 1989. breakfast Club on for 1990 ,\~ Parks & Recreation Director announced that the Lions Club membership had just voted to approve a five year Capital Improvement Plan for Sand Point Beach. Staff will meet with the officers for lunch on Wednesday to discuss the funding and details of the proposal. Staff announced that Police Chief Powell had recently returned from a Cultural Awareness Seminar on Indian relations. Plans for the City to also sponsor a seminar on other minority awareness programs were mentioned. City Manager Unmacht handed out an Administrative Guideline dealing with the issue of fishing in the Wagon Bridge area. Councilmember Larson requested Staff investigate the catch basin on 150th Street. The next Council meeting will be Monday, May 15, 1989 at 7:30 p.m. There being no further business, 11:10 p.m. by general consent of the the meeting adjourned Council. 4n:tr ~ ~ITfdManager at Dee Birch Recording Secretary 7