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HomeMy WebLinkAbout031582 MINUTES of thL' Proccvdings of the City Council of th~ City of Prior Llkl' ill thL' County uf Scolt alld Slall' of Minnt',>()la. includinCj all .1(("()IJntc. ,1udit('c1 hy ".lid Council. INUTES ARK HYLAND ARIANCE APPEAL .{uVE !\RIANCE ~PLlRTS :>PI{0VE POLICE :>pROVE FIRE & RESCUE ,PPKuVE BUILDING P E RivJ IT PPt{JVE DOG CATCHERS u~LI~ HEARIi~G - u DUEFFERT ROAD VACATIOi~ Ma rch 15, 1982 The Common Counci I of the City of Prior Lake met in regular session on Monday, March 15, 1982 at 7:30 PM in the Counci I Chambers. Mayor Stock cal led the meeting to order. Present were Mayor Stock, Counci Imen Busse, Watkins, Thorkelson, SChweich, City Manager McGuire, City Engineer Anderson, City Planner Graser and Parks & Recreation Director Mangan. Mayor Stock asked everyone to please rise and pledge allegiance to the flag. The minutes of March 8, 1982 were reviewed. Motion by Watkins to approve the minutes of March 8, 1982 as presented, seconded be Busse and upon a vote taken it was duly passed. City Planner Graser then reviewed the request for the Mark Hyland Variance Appea I. Mark Hyland was present for comments. Mayor Stock stated for the record that the fol lowing should be considered: That Watersedge Trai I is a narrow roadway and tor the purpose of off street parking and showing that he is going to 34', which indicated he can get two cars in, which would improve the parking and storage in that area and that the neighbor to the northwest, has not shown any objections to the Planning Commission or the Counci I as of this date. Motion by Watkins to approve the Variance request of Mark Hyland as requested for the reasons as stated earl ier, seconded by Schweich and upon a vote taken it was duly passed. The Pol ice Report for the month of February, 1982 was reviewed. Motion by Thorkelson to approve the Pol ice Report for the month of February, 1982 as presented, seconded by Watkins and upon a vote taken it was duly passed. The Fire & Rescue Report for the month of February, 1982 was reviewed. Motion by Busse to approve the Fire & Rescue Report for the month of February, 1982 as presented, seconded by Thorkelson and upon a vote taken it was duly passed. The Bui Iding Permit Report for the month of February, 1982 was reviewed. Motion by Watkins to approve the Bui Iding Permit Report for the month of February, 1982 as presented, seconded by Schweich and upon a vote taken it was duly passed. The Dog Catcher Report for the month of February, 1982 was reviewed. Motion by Busse to approve the Dog Catcher Report for the month of February, 1982 as presented, seconded by Thorkelson and upon a vote taken it was duly passed. Mayor Stock stated that he had started to receive cal Is relative to our Dog Ordinance and that something should be placed in the Prior Lake American reminding people of our City Ordinance. Mayor Stock stated that there was one item that was not covered at last week's meeting regarding a memorandum from Finance Director Teschner, relating to the transfering of Administration Costs for Investments to the General Fund, he it was very note-worthy that the interest that we gained in 1981 was $416,413.64, Finance Director Ralph Teschner should be congratulated on an excel lent effort put forth for getting our funds invested and getting the very .best in returns. Mayor Stock cal led the Publ ic Hearing for Ed Dueftert - Road Vacation to order. The publ ished notice was read. City Planner Graser reviewed the status of t the roadway and the value to the City. I I City Planner Graser stated that by vacating this roadway we would not be landr locking or restricting access to any property located directly north or west,! . ""--"'-~"""'-'--T""""'-' ..-.. 11NUTES of the Proceedings of the City Council of the City of Prior Lake in the County of Scott and State of Minnesota, including all account~ audited by said Council. ,DOPT RES. 82-5 DJOURN UBLIC HEAR ,AKES IDE STATES .ANDITIONAL . PERi.nT / ONTINUATION IF THE LAKE- IDE COD IT EKMIT TO ~PRI L 5th ~ulnINUATIOi~ )F INFORMAl. lEETING DNR ""BLIC AcCES therefore, staff does recommend vacation of the 10' by adopting Resolution 82-5. Mayor Stock asked if there was anyone that would I ike to speak in opposition to the vacation of the said roadway. There were no comments. Mayor Stock then stated that for this hearing that there is no publ ic need for the property in question and that it does not restrict access or land- lock any parcel, Resolution 82-5 was then read. Motion by Watkins to adopt Resolution 82-5 as submitted to the Counci I, seconded by Busse and upon a vote taken it was duly passed. Motion by Watkins to adjourn the Publ ic Hearing, seconded by Thorkelson and upon a vote taken this Publ ic Hearing was adjourned. Mr. Dueffert asked it it would be necessary for him to go through a lawyer. Mayor Stock stated that it would be his obi igation to contact his own lawyer to secure the right of this property. Lakeside Estates - Conditional Use Permit was the next item on the agenda. Counci Iman Schweich asked to be excused from the Counci I table because of persona I interest in th i s item. Mayor Stock asked Mr. Cy Schweich if he had the site plan, topography and the grade elevation avai lable for the Counci I to review. City Manager McGuire stated that the recommendation asked for specifically, a grading plan, cross section of the creek and the culvert size or the creek section. Mayor Stock then stated to Mr. Schweich that he would be permitted to make his presentation if he so desired, but the request for the Conditional Use Permit would have to be continued, for the purpose that the Counci I wi I I have an opportunity to evaluate the requested information. Mr. Schweich had comments for Counci I and Staff. I Mayor Stock asked that the fol lowing information be marked as Counci I Exhibits, memo dated March 15, 1982 from Schweich Construction be marked as Exhibit "A", the Creek Cross section map marked as Exhibit "B", the site plan with the colored in areas marked as Exhibit "C" and the Grading map as Exhibit "D". I, Mr. Schweich asked why al I of this is needed before the Conditional Use Permit is granted. City Manager McGuire stated that any information that the Counci I feels necessary ,to judge whether or not a Conditional Use should be granted can be required. Mayor Stock then secheduled the continuation of the Lakeside Conditional Use Permit for Apri I 5, 1982 at 7:30 PM, contingent that al I information is presented, If everything is in order it wil I be scheduled for March 22, 1982. Mayor Stock then asked for a five minute recess. The meeting reconvened at 8:36 PM. Mayor Stock stated that this is a Continuation of an Informational Meeting that was establ ished jointly by the DNR and the City of Prior Lake, the subject is the proposed DNR Publ ic Access on Northeast Shore Trai I. The reason for the continuation was the need for further study and research. The order of this meeting wi I I be as tot lows: 1. DNR Representatives wi I I present their findings on the fol lowing; other potential sites on Prior Lake, Zvirbulis Property, Overflow Parking area and acquisition thereof. 2. City Staff to i present their findings on the fol lowing; past Counci I action and policy relative ,to park land in question and safety asoects. 3. Brief questions, comments, or llstatements from the publ ic on the basis on the information presented at tonights meeting. 4. Open discussion to the Council. 5. Determine whether or not the . City should approve the request of the DNR in assisting and supporting and providinQ_l~nds fnr +hp. basic parking needs. , ....,.. . . . ..--.----1 ~--._...... ...-.....,,-...... ""'n' ".. ...... ,," MINUTES of the Proceedings of the City Council of the City of Prior La~e in the COUIlty uf Scott .1nd Slc)lt' vI ni"""oLI. ill\..Ll<iill~1 dll <3LI,.U\lll\', Judi It,d by ':1c1id COllflci I. The Department of Natural Resources representatives that were present were Mike Markel I, Access Supervisor; Scott Bracke, Landscaping Architect; Del ~arber and Fred Fey Local Representative. Mike Markel I reviewed inverse condemnation relative to the Zvirbul is property. He stated that he had talked with the Attorney General's office and that he didn't feel that there was any basis for an inverse condemnation action. He also reviewed the other potential sites. Scott Bracke discussed the different locations for the overflow parking areas and the various ways of buffering. City Manager McGuire stated that he reviewed the minutes and other information relative to Sand Pointe Plat and the only pertinent items were, a memo from the Planning Department which refers to the out lots in question, stating that the outlots as shown wi I I be parkland and the other from the Park Director which stated that the 4i acres adjacent to Sand Pointe Beach wi I I serve 2 purposes, it wi I I expand a community faci I ity to adequate size and al low for moving the parking lot out of the center of the beach area to a more accessible area of Crest Avenue. Parks & Recreation Director Mangan reported on the safety aspects of having an access within the proximity of the swimming beach area. In compi I ing the information needed he had contacted Anoka County Parks System, Hennepin County Park Reserve District and the Ramsey County Parks Department. Within his findings of all the lakes/parks all had accesses within 500 feet of their swimming beach, ie: Ramsey County has 6 County Parks with swimming beaches and publ ic accesses relatively close, Bald Eagle Lake in White Bear Lake has a publ ic access 200 feet from their swimming beach and serves 24 stal Is for parking. Lake JoAnna in Arden Hi I Is has a publ ic access 600 feet from the swimming beach area, they accommodate 15 parking stal Is, Snai I Lake has a smal I publ ic access 8 - 10 parking slots with the access within 150 feet from their swimming Beach. In Hennepin County Park Reserve there were three I akes that he ta I ked about and they were Lake Independence with a pub I i c access within 300 feet from the swimming area with a parking lot for 50 vehicles and an overflow lot for 15, Medicine Lake with a publ ic access within 300 feet of the swimming area with parking for 60 vehicles and on Bryant Lake its currently in design for construction this year and wil I be 300 feet within the swimming area. Out of al I of these lakes and parks there was only one major accident, which was that their buoys for swimming were out about 250 feet and beyond the buoys they had a diving platform that was out an additional 50 feet, one of the boaters was coming into the access and he cut between the diving platform and the buoyed area. On the other lakes there has been no accidents. Mayor Stock stated that on Thursday, March 11, 1982, Del Barber chaired an informational meeting on the DNR's access on Dewitte Avenue and its interest in acquiring additional parking area. At that meeting there were residents from the neighborhood. There was a question;,'End answer sessiol]~and a proposal was made by the neighborhood. The people of this particular area along with the users of the lake, indicated that one access is not sufficient for Prior lake and al I admitted that regardless of where an access would be put, there is bound to have some neighborhood opposition, however, their concern is for the DNR to acquire other access or accesses on Prior Lake. Bryce Huemoel ler an Attorney in Prior Lake, was present on behalf of Gary and Nancy Zywotko. Mr. Huemoel ler passed out a letter to the Counci I and asked that it be made part of the record. He then went over the letter. City Manager McGuire stated that under Chapter 3, Section 5-3-1, Land Use Regulations in the City of Prior Lake City Code Book it states: that under R-1 Suburban Residential that Publ ic Parks and Playgrounds are a permitted use. He went on to say that a publ ic access fal Is under that definition. "-' Daryel I Hastings stated that he has been trying for a couple of years and the NR and Prior Lake have been trying for 8 years to put another publ ic access in on Prior Lake and that this is the closest that we have been, he further stated that at the meeting the other night someone had stated that there was an agreement that there would not be a launch site at the beach, he asked he Counci I to clarify this if there is or isn't an agreement. ~INUTES of the Proceedings of the City Council of the City of Prior Lake in the County of Scott and State of Minnesota, including all accounts audited by said Council. City Manager McGuire stated that the beach itself would be preserved as a swimming beach, according to past pol icy. Dee Birch asked how much money al I of this was going to cost, also last year the access was not kept up. Mike Markel I answered her question regardingthe cost. He stated that the Land Owners Si I I of Rights, that restricts the publ ic information on when the DNR has an option on a piece of property they cannot disclose the price unti I the property is either turned down, the option expires or the property is purchased. The money for the purchase of the property comes from the taxes on cigarettes. Del Barber spoke in regards to the maintenance of the property. Gale KI ingberg spoke about the Watershed District, that everyone gets use out of the lake, basically that al I of Scott County is bai I ing out the north end of Prior Lake on the Watershed deal and when it comes for the City to get an access al I of a sudden the lake home owners say "no, there is too much traffic". In regards to the lady that spoke about the I itter around the lake, the Prior Lake Sportsmen's Club go out and clean up the lake and that there was over a pickup truck ful I of garbage that they had picked up. If the access did go through the club would be wi I I ing to help where the DNR couldn't. Gary Zywotko wanted to hear from Gordie Gelhaye for the safety and the boats in the water. Mayor Stock asked Mr. Gelhaye if he had any comments that he would I ike to make. Mr. Gelhaye stated that he had no comments, that he came to hear what everyone had to say. He then made a few comments. Jeff Mueller stated that he has I ived in Prior Lake al I of his I ife and that he enjoys using the lake at the access that we have, but many times its crowded for the reasons that were stated tonight. He felt that if the City of Prior Lake's support was needed for the DNR, he felt that the City should give the support. Gary Zywotko had questions and comments for the Counci I and Staff. One of the questions was who would pay for water and sewer on Lot 19 once water and sewer is I connected out there. Mike Markel I repl ied that if its a benefit to the State, the State or the Department would make the decision to have the water and sewer put in. Mr. Zywotko then asked if the State did decide not to pay for the water and sewer, who would. City Manager McGuire stated that the cost would be borne by the entire City. Mr. Zywotko then asked about motor restrictions on the lakes that Parks & Recreation Director has spoke about and also about the distance the accesses were from the beach. Parks & Recreation Director Mangan answered Mr. Zywotko's questions. City Manager McGuire stated that he wanted to clarify one comment that Gary Zywotko had made. Sewer and water is being considered for the area at this time. Mayor Stock stated that the floor wou I d be opened for comments for about 5 more minutes. Dan Borchardt, representing the Sportsmen's Club, stated that we do need another access and no matter where you put it someone wi I I object to it. Looking at the maps that the DNR had brought with them he wanted to congratulate them on doinr the best job that they could do. Chuck Burzek stated that he has I istened to both sides of this informational meeting the pros and cons, a need for a publ ic access has been agreed upon, by the people that are present. As a concerned sportsman, going over to the publ ic . access at 4:30 in the morning and there isn't a place to park, he leaves and goes over to Spring La~e, he feels that it is getting worse and something needs to be done now, he commended the Counci I and the DNR for all the fine work that they have done.