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HomeMy WebLinkAbout05 27 1986CITY OF PRIOR LAKE Tuesday, May 27 1986 CALL TO 7:30 p.m. 1. Pledge of Allegiantx 2. Minutes of the Previous Meeting 3. Consider Request for Caboose Cruise Lines >. = 4. Review 1986/1987 Liquor License Requests 8 :00 ;a' S. Discuss Shoreland Monagseent Ordinance 6., Review final. Draft of Council. Hy-Lws 7 Discuss squipaeat and Supplies for Council Roos o 8. . Discuss at Council Meeting 9. Other Business a. b. c 10 , to and corraspo denoe Y V� a. lb t Council Meeting - Monday. June 2 19 at 7:30 p.m. b. a .l c.I 11. �ourrarent � xt k i u O 1610 4474M 4W, DAKOTA 9MUT 3.E, P.O. BOX PRION LAKE, MINNESOTA 511372 r. - y . f I ' CITY OF PRIOR LAKE MIN[M OF THE CITY COUNCM May 27, 1966 The Common Council of the City of Prior Lake met in regular session on Tuesday, \ May 27, 1986 at 7:30 p.m. in the City Council Chambers. Present were Mayor k drer., Councilmembers Busse, Fitzgerald, Scott, White, City Manager MoGuire, City Planner Graser, Assistant 'City Manager/Econaaic ''Development Director Uraaacht, and Intern Garross. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the May 19m 1986 meeting were reviewed by Council. lDMH MRS HAM BY 9fX TT, Ss00NM BY FITZGEMM, TO APPRM THE MIIam As wrest s S<BMI'1IM. 7 won a vote taken, ayes by Andren, Busse, Fitzgerald, Scott, and White, the , motion passed unanimously. The next item on the agenda Was to consider the request of Caboose Cruise Lines. City Nwmger McGuire indicated that this ,item was tabled at the May 19, 1986 Council meeting and Staff was directed to ascertain if Mr. Dunn, the owner of Mariza Aoyaae, would consent to amending the zoning certificate for the Marina. ,Mr. McGuire read for the record a letter he received from Mr. D= which stated he would allow the City to amend his zoning certificate for six months to allow Rod Stankovich to operate his charter business. Mr. McGuire further informed the Council the in talking to Mr. Dnn u, he was requesting the zoning certificate be' I even though the letter rends - to allow ". Discussion was opened to the audience. Loren`Barta, attorney and resident in the area of the Marina, asked City Manager McGuire many questions about ° the request' to operate Caboose Cruise Lines. Mr. Barta indicated that, the court isporter yeement was taking down the proceedings from the meeting for the purpose of calling the decision made by the Council to the attention of the District Court. Mr. Barta asked further questions of Mr. McGuire. Couruclssber.Fitzgerald indicated he did not feel the,., method of .Mr. Barta's guaetionirg wes appropaciate and asked that public discussion be limited. M7nXI MMES HIM BY FITMi(Iil1LD, 21 BY BUSSE, TO CLOW THE HIM C., PQia'ION W m � ' M MSMSSLOH AM = MUMM DD DffO D1 L1BEffiTMHS AS To THE GMtAwnri CF THE Pti:lia V MOMM 10 THE ECKDG 0F9ffM 1 NM. Dixvaa m of Caboo Ct�rise 012) 4474= 4OU DAKOTA STREET S.E. P.O. SOX 369 PRIOR LAKE, MINNESOTA 56372. i z Y- L` MnWW OF THE PRIOR LAKE CITE COUNCIL May 27, 1986 Councilmember White indicated;., he felt Mr. Barta's method of questioning was not proper, but he di not feel the public input should be-cut off. Mayor, Andren also felt the public should not be cut off. There was further discussion by'the "Council. Councilmember Busse stated he felt it would be appropriate to add to the motion that the Council Would hear other public input, but discussion by Mr. Barta would stop. Councilmember Fitzgerald agreed to the addition. Upon a vote taken, 'ayes by Busse, Fitzgerald, Scott; nays by Andren and White; the motion passed. Convents were made by Wayne Miller of 4094 Wagon Bridge Circle. Discussion by the Council followed concerning the stirrulations that should be required if Caboose Cruise was allowed to operate. City Mmnager McGuire informed the Council that Attorney Caren Nelson drafted the following statement regarding the City's position: The city's position is that Caboose Cruise Lines, Inc. is an expansion of a nonconforming use as defined by the Court order. The City is concerned; that Caboose Cruise Lines, Inc. ,may have an added inpact on the safety of the commmity and the neighborhood and as such has deemed to expand' the ' non - conforming use of the Marina on a teoporary basis only. The City hereby ` authorizes the Caboose Cruise Lines, Inc. under the general regulation 6.1 (A) and 7.8 (8) for a period of six months during which time the City will consider its imps on the neighborhood and the coammity and determine if it is, in fact, an expansion of the non- oonformirg use. There vab - -then discussion by Council whether a public hearing is needed, if it should g b �+e Planning Camsission for action, and cossiercial 'uses of Prior Lake. City Plannei «ter stated that according to our Zoning Code.,, a public hearing was not requires HNM MS MM BY FITZGBIW D,� \ SHr r,�� BY 9MPr, THAT THE' CITY MMIGER, 80MG Qtooee omcm Alm PAToR ENTER INTO 8N wm. 11IR8 Mkt. JAIBS i . Am vim 8IS (Sndse SOKM C1RR' &KATE FOR MWMA laJMX TO Ft. THE CBBOOIE CRUISE LDW, IW. TO Liras OMM FtiLK 20 PACILIW WITH 788 ING -, 1. C8B006E C2iUISE LIIE3S NOT BE P6AlANENTLY �<,AT THE ;NARIN K, BUT USE IT FOR DPM1 -0 F/P1C9 -UP SITE FOR THE GUSTO M 2. 788' BARS OF 04EMTION An NOT To Eir1 W PAST 10 P.M. MRIIG THE WBM AM 10.30 P.M. OF THE WEEKENDS. 3. THE APPLIC1W TIRE STEPS HRMSOM To SEE To IT !=T TRASH AND SDW, DISPOSAL IS DOM IN AN OMLY. MANNER, BED RVMCM AILY SENSITIVE To _ mQRS. 4. 7Hl1T THE APPLIC M CAREPM&Y RBZLATS THE RMKIN"o AND IT IS NOT To i � I MINUTES OF THE PRIOR LAKE CITY COUNCIL May 27, 1986 ENCROACH UPON THE 34 STALLS OF PARKING RBGULATED UNDER THE ZCNIN G CERTIFICATE. 5. THE CARS FRONT TO .CNME CRUISE LINES CUSTCHERS IN NO EVENT BLOCK DRIVDWS OF NEICHBORING RCS. 6. THAT THE PARKING BE CEOSELY MONITORED BY THE APPLICANT AND HIS STRFF AS TO ARRANGEMENT AND CONTROL, UPON LEAVING. 7. THAT THERE BE A TWO -HOUR SPAN BETWEEN CRU SES. 8. 7 U1T THE APPLICANT PAY PARTICULAR ATTENTION TO THE NOISE FACTOR THAT NAY RESULT FT04.7NB CRUISE LIMBS OPERATION, BOTH ON SHORE AND OFF' SHORE. 9. THAT THE APPLICANT HAVE ALL APPLICABLE STATE, FEDERAL AND LOCAL, LICENSES CURRENT. 10. THAT ME CREW NOT CONSUME E ALCOHOL DURING THE HOURS OF OPEPATION OR CBBAA'1'E WHILE INTw ATED. 11. THIS AMENDMENT 7 THE ZONING CERTIFICATE BE FOR A PSRICD OF SIX MONTHS FROM JUNE 1, 1986, SUBJECT TO REOFEKUG BY THE CITY COUNICM OF 'PRIOR LADE AND` REVOCATION OF SANS ANYTIME DURING THAT PERIOD THAT T ClOUNCIL SEES FIT. Oouncilmember Scott asked that the following stipulation be added and C ou ncilasber Fitzgerald agreed: 12. APVL.IC7W� - DBVECAh POLICIES AND PR n ES FOR HIS CITE TO BE SENSITIVE TO THE ' PRCISRIY AND CORNS. There was further discussion and Councilmember Scott recognised Mr. Bart&, who asked if :the parking area for the customers would have to= be blacktoppea. It was the consensus of the Council that it would not be reasonable to ask that the parking area be blacktcppea at this time since it was for a six month period of time. This would be monitored very closely and it would be decided at the end of the six `month period whether they would be required to blacktop the parking area., Rr. Barta also asked. if the Council had considered the City's liability in allowing this operation. City Manager McGuire indicated our legal counsel had not been consulted regarding this. Upon a vote taken, ayes by Busse, Fitsgerald, Scott; nay by Andren= and abstention by White, the motion passed. Mayor Ardren explained the reason for the nay vote as follows: "Mr. Dunn's note of 5/2W96 does not specifically request an expansion or amendment to the zoning certificate, normal procedures for expanding a non-conforming use according to Section 7.8 of the Zoning Code has not been followed, there is no precedent or standard for operation of a cruise line on Prior Lake that exists at this mament and I also believe that a public hearing should be called so that the general public will be aware of the comaercial use that will be going on the lake. 3 t �y e+ � } a t NDVIEB OF THE PRIOR LAKE CITY OOUNCIL May 27 1986 Councilmember White explained his abstention as follows: "I believe, in principle, that this business should be allowed, but I do not agree with the advice that we have received that we have the right to arbitrarily- amend this ourselves and cannot be a part of accepting, what I believe, to be an illegal action." Councilmwber Fitzgerald explained his position: 'The expansion specifically called for the three parties of the City to enter into an agreement with Mr. ` Dunn to amend his zoning certificate and outlines a number of stipulations, and it series as though we have to take the bull by the horns at times and make decisions." Tom Schkider addressed the Council regarding the canalerciall utilisation of Prior Lake. Councilmember Fitzgerald asked Staff to research and work on an ordinance to regulate commercial uses of Prior Lake to be addressed at a later date. A five minute recess was then called. Mayor Andren called the meeting back to order at 8.59 p.m. ft* next item on the agenda was to consider the Shoreland Management Ordinance. Intern Gerross explained that the ordinance was to provide for the wine develgvint of shorelands of public waters and stated that the Planning Cwnli do approved the ordinance at the public hearing held on April 3, 1986 - subject to cheeges on the addendum page. Ms. Garross reviewed the ordinance by section and pointed out the changes recommended by the Planning Commission. Mike . Mueller of the Department of Natural Resources was present and indicated that the Scott County Hazard adopted a similar ordinance at their Hoard meeting on Tuesday to regulate the public waters in the County. Mr. Mueller stated he had reviewed the ordinance and -was prepared to approve it tonight as complying 001 irmm with the state guider. Discussion by Council followed. Concern was expressed for the regulation of } substandard lots and the affect it would have on residents that have substandard I lots ancd were planning to sell than to be built on. Concern was also expressed regarding the timely manner in which the DNR would review plans for P.U.D.`a. Mayor Andren stated that she received a call from Tim Straley regarding the use b of public walkways as launch pads for boats. this problem was not addressed in ` the - -ordinance. It was the consensus of tt+e Council to table the ordinance until June 9, _ -1986. Staff is directed to work with the ME to change or delete the section regarding substandard lots= add a se Ron to the ordinance to govern the use of public walkMSysa and have City Attahmay Nessel review the ordinance and the state, riquirements for the ordinance. Councilmembers7 were asked to provide City Attorne y Rawl with their comments for his review prior to the June 9 meeting. A three minute recess was called. I ,l . MINUTES OF THE PRIOR LAKE CITY COUNCIL, Mayor Andren called the meeting back to order at 10:28 p.m. May 27, 1986 Next on the agenda was to review the 1986/1987 Liquor License requests. City Nwager McGuire stated that the Liquor Committee met on the requests and made the reoa=endation to approve the applications, contingent upon the fees being paid and the certificate of insurance and bona bein, provided. IDTION 1 ; `Mkbt- BY NKM, SWUM BY FI7E(2;RALD, TO APPla M THE 0N-S9I E OR,Sale I! LICEN W FOR B a D BAR i RBST�![IRIM, E am namm, P'RzDmE' S ON 10.87 T= LARE, T.,. °.: J. HOOLIGAN'S PUB i GFFB, PRIOR PLACE AND R i R REb'14lURl1M, INC. Liquor DBA ARMOR II* aMI GENT UPON THE FEES BEING PAID AND THE CMIFICATE OF 13oeieM IIEN&ANCB AM BM HEM PRWIDED. Upon a vote taken, ayes by Andren, Busse, Fitzgerald, Scott, and Vhite, the notion passed ananijaously. NDnON MS MADE'. BY 11'HITS, SDOONDSD BY FITEGB]*W, TO APMNE THE SMVAY LIQUOR LICNZN.'SSS FOR B a D BAR i Rte, EMM INMNGS, FR B'S ON = Tie LUM T. J. 90MMM' S P® i GPM, PRIOR RAM, R & R RMMMMUS, INC. DBA Lica ms ARMOR INN AND VFW POST #6208" MUMGM UPON THE FEES BEING PAID AND THE 10-M S in 1 ICATE or INSi RV= AM BOND BRING - Ppjortm. Upon a vote taken, ayes by Andreas, Busse. Fitzgerald, Scott, and White, the motion passed utaniaously. MRMN WAS MADE BY PMGMKD,- SWOHM BY WHITE, TO,�PPRO1dF = ON -SIME an-Stle N!TO CRT= LICENSES FOR HmLyv m im, mm P= muN13m CLUB, AND VP W 'Plan -]Mm. MW #6206 UPON = FM BEING PAM AM THE CER'1'IIPICATNN OF nULUM= Liaeeees BEING Rome).' 1986 - 8T ;i Upon a vote taken, ayes by Andren, Busse, Fitzgerald, Scott, and White,- the option passed uneniaously. MY= WAS MADE BY S00►1T, TO APMM 7111i ' OFF' SALE Off Sale IN ItZ1TIITi I ICW= FOR B i D WT7LE SHOP, Dl11 OTT LIQUOR, MM IN1UNGS, Liquor' GABT' S NINE! AND SPIRITS, JMVnON LIQUOR, AND VIII LIQUOR ODKM)G= UPON THE N3aa PEES BIMG PAID AND THE CBR3'II'ICN2E OF INSMlI>n AND BOND BEING PROVm ®. 1�8? Upon a vote taken, sym by Andren, Busse, Fitzgerald, Scott, and Mite, the t ,. notion pesaed =Wduawly. Ndi'ii ME MW BY BOS r S19OON ED BY SM T, To APPROVE THE OFF SANS Off -Sde 1 U*-INM=RT= LICMW FOR B i D BAR a R6a'TNM*M, E E SHP SIM, FREDME''S No -?Ww. ON = LUM Nam S MP4 Bmm" S3'A 4 ; 91 ttS #198, HB.LYNM IN N, P.D.Q.. Liquor SM 116 PRIOR LAKE GAS -N- GROCER, TOM 79 MB AM VtW RM #6206 10OWI IGENT UPON I3,omses >FUS 9 PAID. 1986.8) boon a vote taken, ayes by ,Andren, Busse, Fitzgerald, Scott, and White, the `<< motion peawd unanimously. 5 t � � MM TPBS OF THE PRIOR LAKE CITY O UMIL s' May 27, 1986 NOTION WAS MADE BY WHITE, SHOMM BY BUSSE, TO APPROVE THE CLUB LICENSE FOR VFW Qub Lice POST #6208 CDN IWANT UPON THE FEES BEAT AMID AND THE CERTIFICRTE OF INSURAMCE 1996 AM BOLD BBIMG PROVIDED. Upon a vote taken, ayes by Andren, Busse, Fitzgerald, Sett, and White, the notion passed unanimously. 1OTIOl!1 WAS MADE BY WHITE, SBO MED BY Sar1T, TO APPROVE THE SETUP LICENSES FOR SM4 HMMMOM IM, IME PINE ODUM W CLUB, AND VFW POST 66206 ODMI DW UPON THE Liceoees FEES BMG PAM AND THE tTR'1MCAATE op nisUPANCE BEn G .PROVIDED. 1986 -W Upon a vote taken, ayes by Andren, Busse, Fitzgerald, Scott, and White, the motion pond unsniaously. ' { The next item on the agenda was to review the final draft of the Ommicil By~Lows. Assistant City Manager Uhmacht indicated that the changes made at the toy 5, 1986 meeting were incorporated into the By - Lars and final adoption was re0jested. Council ber White was not able to be at the May 5- ,meting and Stated several changes he Mould like made to the By-Lows. There was discussion ragoiding preparing the agenda more in advance of the schedraea sooting to alVw Councilawbers more time to prepare for the meeting. lOT10l1 WA8 BY WHZSEp , S800LBmD BY AtetM, TO CSR THE CLOSTIO DPi'18 FOR THa any - ,AMM r2m FFM WAY TO !MOU or THE PMMUS "EM. CBasiIVS M Discussion followed. Muncilmamber Fitzgerald suggested that the upcoming agenda, items be listed in the Notes and Updsbes for their information. "*= a veto taken, apes by Andren and White] nays by Busse, Fitzgerald, and Scotts the notion 81d not pass. ftere was further discussion on the By - Lows and other changes were mare. !OT's 08 MAD¢ BY WHITE, SOMMM BY FlTZGE M, TO a1DOVT ME NAYOR AND CITY MOPt Mwt6 ME To THE C NM3ES MADE. 0211CiL tvon a vote taken, ayes by Andren, Busse, Fitzgerald, Scott, and White, the motion passed'awduously So nett item on the agenda was to discuss equipment and sgMlies ft the e! Council. Adam.. It was the eoneennus of the Council that since. Cbuncilasmber fae� tbmd�l ..M=ite will pe bobly use the rocs most, he should prepare a - list of requested items' and it will be. . brought back to Muncil for consideration. zbe nut item. an the agenda was to , discuss procedures at Council meetings. • Qaimrc l Council ' and Staff discussed we" of conducting the meetings in a more timely m■nnar,,such as avoid tabling items, mandatory adjournment of 11:00 p.m., hme a Prooea■+es dasigmted time for each item, limit the length of discussion by the public and OMMcilmambers, contacting Staff prior to the meeting if there are questions, ° �t 6 yt� � �� + A � ♦ n