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HomeMy WebLinkAbout07 23 1979�, t fi { M ayor Stock, instructed `the City Engineer to t PAYING and vin -of Jordan Street, asses- ptOced with the construction 9 lens and specif cations. p SAND POINTE City Engineer Anderson - presented he bids received for the ADDITION tSand Pointe ' Addition, ewer and water.. B`idsf i�s-e as fol l a x``' Richard Knutson, Inc f' F r, r k � s� $427,8314,'00 ;4t , t Construction,'Inc. - 445 1 ;E Orfei 4' Inc. ;r : rogr -o's onteaetors,. Inc. 80,866 :24 � : 5 56.25 i h ' . ' rK, The devel riperiould be , contacted before awarding of bid ,however, he s �" is on vacati.on,.and we cry accept the bid' with a contingency that he ' accepts h •,, P t ettbtd- also. Motions by Bissonett to award the bid for Sand Pointe Addition sewer and' water to Richard Knutson, Inc, contingent upon the devel f thepbi:d, seconded b Watkins and u oar accepting -' X up on a vote taken it'was duly " pa ssed. DUTC`N Ei.M .<. _.� Park, Director Mangan was Present to discuss the Dutch Elra disease and ` r Oak W =it disease in the City. The City of Prior Lake :will once again participat 'in. the State Program. Department of Agricu" lture Shade Tree Disease w' ,ro9 Although tha.percentige of grant reimbursement has not been , establi "shed.to date, we anticibaLe a , 25y30 to a percent grant , ,< toward =san.i tatiop� cost pplied s. ha ve beec Elm disease and Oak Wi lt- disease are as extensive °as the tree inspector estimates hey Past tes 2500 to 3500'' " " diseased trees in the' 5 contro zones. The Hidden Oaks , Addition has up- _ wards; 75k.'loss of oak trees.; MINUTES of 1M Feeeidiags of the ;'Ville" COUReil of the Vilk" of Fier -take is the Cuunty of Scatt,asd; Slate of MiawNON, ineludiwg all accounts audited by said Ceuaeil. } ry July 2 3,_1979 ht The Common Council of the City of Prior Lake met in regular ses`sion'on h V Busse, Bissonett, Watkins, Thorkelson,, City Manager McGuire, City Engineer:` Anderson, City Planner Graser, P Park Director Mangan, Finance Director Teschner -and City Attorney`Sui''`iivan.,- Mayor Stock called the meeting to order. The following correction is to be made to the minutes of July 16 ,,1979: Page l statfrg rezoning would be dealt "with'at that time. MINUTES Matron by >Thorkelson-to approve °the, minutes of Jul y 16 i seconded b Busse any u upon a vote taken it was 'duly 9 GATEWAY AVE. Councilman Watkins made the :pr,esentation for Gateway Avenue paving "and a few comwnts about t the resolution. Councilman B,issonett asked to be excused from`any dlscuss,ion r ardin this eg : topic. g Mr. Al Iavein, representing the, Happy Cor porat E to make a few comments and express his, c concerns ab�ut w it f r uth , Councilman-Watkins stated that what has, 'been•�� � done for thi are�i�` negotiate, without further to probiems,. g greater' utilization of an odd shaped property. °�; I' ` Motion by Watkins to table this item until a I and . u JS DAN ST:' Ma .. •ter . . ° `# fi , i MINUTES of the Proceedings of the Villager Council of the Village of FAA lake in the County, of Scott and Shte of Minnesota, including all accounts audited by said Crunnl. DUTCH ELM The'City_Inspector has been inspecting on a complaint basis, however, the inspection procedure must -be increased because of the apparent increase in diseased trees. In terms of reforestatio(i," last year" the City purchased 50 trees .for re- placement of lost r trees on public land_ These trees are eligible for grant reimbursement only if used for .publ tc replacement. They cannot be sold or lanted on p private property. The City currently has no provisions for supplying private property owners with trees for replacing; - diseased trees that have been removed. Councilman Thorkelson said that there should be some kind of program to encourage the people to replant trees on their property and also on public land. Councilman Bissonett stated that many people do not know that diseased trees, must be debarked before they can store them. He asked Jan, from the Prior Lake American, to put this in the paper so everyone can`be aware of this:' Councilman Thorkelson - at this time, we have a policy that no `trees.. should be in planted public right of way. The Council should discuss this in near future to evaluate it. Not all trees are a hazard..' City Manager McGuire - The 'City hasn't planted trees in the boulevards because ' they seem to get in the way when it comes to digging up for sewer and water and the utility compana'es also have a problem. Councilman Watkins.- if citizens h'ant to plant trees in the boulevards, by thei then they should 'take care of the trees. t' Mayo,•Stock directed _ne City Manager to 'schedule the' reforestation `discussion at a late date.,> CR1'htNAl JUS ` T10E ADV':ISOR Mayor Stock has rec4K that the Police Chief be appointed as a member to the Scott County'Criminal Justice CO UNCIL Advisory Council,, Mr. Powell is w ill- i to accept this appointment. " Mot on•bY Watkins to appoint, Dick Powell as a member of the Scott County Criminal Justice Advisory Committee, by seconded Bissonett and upon a vote taken it was duly passed. 8:00 PM MEDICAL CLI- ry The Shakopee Med-ical Cl.i_slic proposal for a medical clinic revenue bond , NIC PRIOR request was the " ne`rt -item on the agenda. Last week,. a public hearing was held this item„ People from the LAKE Shakopee Medical' Clinic, along with concerned citizens were invited to take } ' part and give their opinions on ..th.is matter. Mayor Stack directed, the Consulting Fiscal Agent, City ttorney and Staff tareviewthe re A port, from, the Shakopee Medical Cl ini c regarding the proposal and write recommendations on the matter. � Councilman Bissonett did not take an y part,in the discussion on tkij tem Mayor Stock read-each recommendation. Copies of each recommendation are on file`at Ci'ty.,Hall if e ,. anyone wishes to review them. Dr. Olaf Lukk - made a few co(m�ents regarding the medical clinic. The do- cument he got didn't have th., financial,; statement in, it, use he, he. was told thatFnunit it was none of his. "business. He felt that'ifF� in the tai and ,}ou have�one doctor then Y ge.E seven more, it can spel ,trouble. He knows ' more about the medical clinic" business because has been =he in the business for 9 years. a , . Olaf Lukk, Jr. - Rrofzssonal! architect He said there should have been �. preliminary plans at the public hearing and the $75.00Isq. ft. was too _costly for a medical clinic. The current average cost is $45.00/sq. ft. ` Otis Lukk - Merri Lynch employee - He felt .alai the financial S�tatemznts sitiou l d be t publicly known bE:cause i t is going Ito be pub l i cl Y , funded. ` He also made a few comments about the commission that the t consulting agent will be getting. x. 1WNUTES of the f►ncsodin", of Ha V"W8* C*V" i of 1M Vilipo of Fdw Loki is Mo County of Stott Gad Slaio of I P}l ' Miwnyola, ixtudinN ON oeseewts awiihd by seid Cowiai. '�- `! 1;CAL CLINIC g l!t`PRIOR LA Dr. Olaf Lukk - Ne is against the medical clinic being named 'the ` *rior lake Medical Clinic because that is what his clinic is named. A concerned citizen of Prior Lake;- I am a`friend and an enemy of Dr. Lukk and when start you tall;i`4 about revenue bonds to finance we should think about Or Lukk. , big concern is the way that Or. Lukk is devoted to the community and he has done a; tremendous job for the community.. Steve Mattson - For the record he stated he is not making any commission on this project and is acting for the City. He will onl $200.00 for the time he is Y get about putting �n this. City Manager McGuire - Dr. Lukk -and all the other residents of the City had the same information available that the City Council and myself have except the personal financial information. It has been the '1 ! and Y Poi�cy cannot recommend' changing that polic Bob.Levy,- attorney for the Shakopee Medical Clinic - The proposal for the clinic ie =prior Lake is not to compete with Dr,. Lukk or anyone else in Prior Lake. There is a need for additional medical services in Prior �---� Lake and for a medical clinic to be located in the area to better serve the residents. Mr. Levy also made additional comme nts why the project would be beneficial to the City. Councilman Thorkeison - The consulting agents have told us that they (Abrams, Keenan, Lynch and Spagnola) have met the criteria for 'the revenue bond for commercial services; how can we not accept it. i Councilman Watkins - We can't deny it, they are financial] competent medicall and The y. great concern by the Council and the community for Dr. Lukk a ��� not competition, but additional `medicate resources in Prior Lake -that` W6 can grow and benefit., Motion by Watkins to give preliminary approval She request re- venue notefinancing for Abrams, Keen n, Lynchand c o "'by Busse and upon ,a vote taken it was duly p assed. Llq. LIC. The On Sale Liquor License requests by Yen Yen's Cafe and: Roll ywood Inn were discussed by the Liquor License Commission before the meeting. { Frank Muelken - representing the Hollywood Inn 'and George among others were present. He had wEth h signatures,from People petitioning that the Noll _ ywood Inn;be, granted the On Sale ;lntoxi'catin6 liquor License. Doug,Hafermann - County Commissioner -I don't object to the'`;ncrease in the number ofliquor licenses in the town however, we must be very careful of what we do and what has been done in the Past. The Hollywood Inn is in a non - conforming use and it does not fit the character of the neighborhood;' He used a few examples such as the cement- mixing plant - and an; excavating. company.. Chizko Nomoto "- Owner of Yen Yen's Cafe - She stated that she did not have. her attorney with her 'and requested this item to be,tabled next week so he can come to the meeting. Mayor Stock - The Council will take this into consideration {; t, - A member of the audience - The., Hollywood ywood inn has been a lanyy, rk for 'c a long time and =has been in that area for many years:. The �eighborhood has no objection to thei,,r expanding. h it ' v: , - . , , Y ence 1 see diffe rin hav�hg. an on saiii over Ray 'Knuttin ,,- is ' _ set u � that t a p 1 � �r of the establishment can cor'��trol the drinks more IF he has the on sa ."e Because the person will be bringing in the drinks and tiley can d" k a.l l they want.. -3- �1 k 4 MMMM of hs"WIMs. Of the VU690 Cow el' , 'Of IM Vilkee of'," lobe In the eousty of see" evW Stmt of MiawNNa, -Irmud ag isll aw""i s ,erdi" by seir Crracil. LIQ. LI;C. , Counc.ilman Watkins - Prior lakL 'only allowed so many liquor licenses and they are non - transferable. We have seen cases of where the liquor lic- ense becomes amenity to the property. It might be wise %to consider a refer - endum concerning the number of liquor licenses. I would hate to seethe cont.inyance of the liquor license becoming an amenity to the property -with the referendum" the liquor license would not be automatically - transferable, The license isk:'ssued for a fee by the. ,Ci ty becomes negotiable with exchange of the property: I don't go along with ;this. City Manager HcGuire - 1 looked over the peti,tion Quickl and the majori of the people do not live within the six blocks of the Hollywood Inn, some of the people live in other cities'. :Mark Sullivan - The recommendation of the liquor commission is that both ;. requests be denied. Hollywood Inn on the basis that it is on a non-conforming; use and Yen Yen's Cafe on the basis that the building is not particularly suitable in that area for a liquor license and further there are already two a, liquor licenses in that area. Mayor Stock stated that he received a.letter from Skip Reebie regarding Hollywood Inn and he would like this Totter be made part of the record. Councilman Bissonett - 1 am trying to draw a parallel between the,Green 'Heights and Hollywood Inn. .Granting the On sale license to Green Heights Ilk did not create a, ,problem and the Holt `ywood inn maybe the same type of sit- uation. It's a- neighborhood bar and it has�been there for a long time. It's landmark. As far .; a as the Yen Yen's ism concerned, I don't know if saturation is a reason, in my own mind,, I am not sure that it is a valid a� reason. r', Councilman Thorkelson = i concur with the liquor commission on the no forming use. As long as the Hollywood Inn is a neighborhood b`ar'and''serves. the neighborhood I think that it is fine and granting them a,liquor license is definitely granting them to expand 'to their = facility. I don't think. 4 that is an appropriate site to expand. Mayor Stock - When'we had the public hearing for the'expansion of Green Heights we have had many comments regarding traffic.problems, parking and noise after hour §�.x.This has gone on from the time we granted the license to the .current: hers. 1 am, concerned about placing a liquor license in ;. a non- confoe i , ng' use.,, The road is very narrow, psdiittrians are around the lake. ,The request 'would `do-finitely ' expand the use of the °facility by the public.; There would be complaints about noise and traffic in that area. e - I agree with the recommendation of the liquor commission. # :; ;. 0 As for Yen Yen's Cafe' I feel that the design for the building was origin- ally a cafe not for a bar atmosphere. Traffic in the area is a problem, it Z. Is on`the corner and is located next to a high use area, we will have pro- blow. I cannot see how we can resolve 'the traffic problems.:in the area. i support the cecommendaiion to the Yen Yen Cafe. ;; Maiaber of the audience - The saturation reason at Yen Yen's is invalid' because there is adequate parking '.. They are open when other are closed.. . If parking and traffic is a problem then it is also a problem at the Anchor -,`Inn.. When the Hollywood inn is furl there has been no complaints with noise. The area is a resort and recreation type area. People are bringing;, The r ` in their liquor and drinking just as much..:;, Rigfihe *h'qw there i's no traffic_ problem. z ' Ray Vu tken - ! have gone to�,Lhe Hollywood Inn at all hours of the night and =i V -the oniy noise is''whu go to the door. The bartender can control the = 1 drinks when, he is pouring them I have never had any problem witth parking. ",- ` °Ron Sylvester - (Fh ve g'ie to the Hol lywood Inn &lot and 'i_have never \ been a fight there since it has been operating. it is a nice place to go. CIty.Manager Mc GL -ire - The liquor commissions recommendation does not in- mend for � the Hollywood Inn to lose their set ;up license or 3.2 license. XA ry r M1g11TES of tho Precoodi of the Vow Graeii of the villas. of bier toke IN the County of scot Gad State of a4060s, Ia 1r all accounts audited by soil Couaeil. r L Q LIC. Councilman rratkins, - No action should be taken to Yen Yen's Cafe or Hollywood Inn, A, referendum be considered for the fall election and the language to include conforming and non - conforming uses and i'f the voters want to put any other l imits on it. Ma a other, i sho S hen - 1 think that the some action one way or �. = / �. Motion by Watki ns to table both app,; i catt D ons, ,5eco "ded � Busse.' „ �V The Council had further discus ' son on this otter and Councilman Watkins withdrew his motion, Councilman Busse witharew.h, second,` Motion by Watkins to accept the rec r caamiss on without omme�dak�,on" f the liquor license taken it was t Y p predige ;t, seconded by thork and u pon passed. Councilman Bissonett voted nay, a vote Motion by Watkins that the liquor license commissio on a referendum for this n review and recommend this years election for the increase of liquor licenses available in Prior Lake and treatment of those licenses and qualification, seconded by Busse and,upon a. vote taken it was duly Y Passed. _ < D949 Hafermann - The Council should re,vlew the liquor 1' ow�� merit and not take off the lid and issue a 1;censr h�enses on their tai everyo Mayor Stock - reacted on each case Yen Yen's and' Hct! fi The committee will review the ref e Yr ba ; rendum possibii;it ' '�' to the Council -and it will take Council motion or r rm, ecut oto get In- to a valid fo , 9,30 PM Richard Zejdlik - Family 4, y housing - project is...going to be built on the. south side of `town at the end of T _ of_Che cut de Sac, it is a three acre site zoned M3,onThee south side JEMtLY HODS, plan is to have 36 units,, townhouses on thi site`x proposed all the regulations except for parking requirements; It The concurs with scented by the Minnesota Housing Finance Agency and they will � end' a loan fc'r the construction of the 2 and 3 bedroom townhouses for low ° R* and moderate income residents. The problem is with the at they have financed forrkiWhat This can cost the project more than what needed is for the Cit to City give a variance for parking and they also asked'to'have Tower Streer paved. Councilman Bissonett requested that he be.excusad from any discussion on this project. 5'r The Co ci-I and ,Mr. Zej d l i k had a discussion on and. the Of having garages instead of outdoor Possibility A structure. that is similar to this thatktsgfinisey requested to see i{ Mr.- ZejdIik stated that there is a Similar set up as this one planned,, however, there are garages instead of � outdoor parking. , The Co unci writ go and look ° at this project. It is in Litchfield, This will also give the Council more time to look at the plans further Motion by Watkins to table thss item for further discussion until August 6, 1979 at 9 :15 PM, seconded by Busse it was passed. and,u Pon a vote taken Mayor Stock directed Mr. in writing th Zejdlik to submit to the City Manager a request , the Co a problams uncil can review on the plans and then they will be discussed at the August 6th meeting. 5 PAT NJNG i The patching and pavin ' ��I, The City Engineer will 9ggve to the City Manager wh��9hts meeting,, J 9 en they are in. Motion by Watkins to authorize the City Manager to enter into contract k -J " based on negotiated quotes with the contractors with„ he ur Patching and Paving the City streets, se�on'ded by Thorkelson upon a vote taken it passed, 3f ip 2ND QU&2T. BU = The 2nd Quarter Budget Summa REPORT ry'Was. reviewed by the Council.I r , MR#UM of Mo haeeeiiaM of M Vows* Ce"rAn of *0 Vw"* of him Leite ie iho CwMY Of Sew aad Sfeh of Mi o/a, Mdvilliv an eeaaawte audiNd Ii "M Cwadi. 2ND QURTR. BUDS. REPORT Motion by Busse to accept the 2nd Quarter Budget Summary, seconded by Waktins and upon a vote taken it was dul passed, CONTRACT PYM Contract payments were reviewed, by the Council. 76 -1 I Motion by Bissonett to approve the payment to Fisk -r Sand Aggregate, Inc. for Project 76 -1 in the amount of $5,311.65, by seconded Busse and ;upon a vote taken it was duly passed. 77-3 PHI Motion by Thorkelson to approve the payment to Fisher Sand Aggregate, Inc. for Project 77-3 Phase 1 in the amount of $11,331.89, seconded by Watkins and upon a vote. taken it was duly passed, 77-3 PH11 Notion by Busse to approve_ payment to Orfei b Sons, Inc, for Project 77- Phase 11 in the amount of $18,755.56, seconded by Thorkelson and upon a vote taken it was duly passed. 78 -3 s 4 Motion by Busseato approve PR payment to Progressive Contractors, Inc. 'for ' Project 78 -;'& 4 n the amount of $146,659.54, seconded by Naktins and upon a vote taken it:was,duly passed. 78 -5 Motion by Thorkelson to a pprove paymene to Richard Knutson, Inc. for Project 78 in the amount of $66,341,23`, Busse seconded by and upon a:vote` taken it was duly passed. LAKESIDE ESTATES City Planner Graser presented Lakeside Estates plat and their request for Council to approve the change of the lot line between lots l and 2. The lot line for lot 2 has been moved over to the west. The primary reason being; that the buildable area lot of I' now is north of the drainage easement, therefore, he would not have to °d'istrub any of this area adjacent to it and make lot 2 smaller, s- Motion by Bissonett to approve the preliminary plan of Lakeside Estates as mended, Contingent that the house on Lot l be built on the street side f the drainage easement, and the drawing be marked Exhibit Band dated and'be part of the record, seconded by Watkins :and upon a vote taken t was du.ly passed. 6 -E INDUSTRity PARK Planner Graser presented the G Elndustri'al Plate'approvel. Park request for preliminary The Planning Commission discussed this at their meeting and recowsended ap- proval with contingencies, t r, Motion by Thorkelson to approve the preliminary plan for the G-E.Industrial Y' Park contingent upon: ., 1) - drainage plan .to =the`City and developer be imorked out and three options, ditches, stottip<y, . c or channeling .through the. private property be- considered. =., t � 2) LOtSJ sk13' be <.;ombined. Lot I be enlarged and squared off and'that' rind access to the east be provided to the satisfaction . of -the City, developer and' Hr. Bang. )Percolution `tests'be taken prior to constructicu;Pand any additional uses; the staff came up With a list the needs of to review each uses for the capability, each situation without sewer and water.. c and the drawing be mar64! as Exhibit A and placed as part of the record with the date of 7/23/79, seconded by Busse and upon a vote taken it was duly passed. .PLEASANT AVE Counti lm n Watkins stated TO TH 13 ta;e Mn /Dot must complete ,the work from Pleasant Avenue to TH 13. Motion�by Watkins to send a letter or resolution to.Mn /Doi requesting for full movement co the intersection,,'seconded by Thorkeisop and upon ,& vote taken:` i t was duly passed. a, FISH PT. RD,� i City Engineer Anderson requested Council`"agproval to condemnation of ;Fish Pgint ft4d'. u , •' ;Busse Notion by Makti,ns to authorize curl atian on Point Road, seconded by and upon' a vote. tak ict was.. psssed. -6- z . ' z PI enn i'n9 i NAWJ f f of ft Phao0 of 1be VNlys CwRdl of the ViN"p of hive lake M, ti,e County of SC M tad f1aN of W MiawssMe. IochWh N a "'.:acarMS ardioed by sold Comma REVENUE Motion by Thorkel:son to set public hearing date for revenue sharing, SHARING.; fund for August 20, 1979 at 8 :00 PM, seconded by Watkins and upon a,` Equipment' vote taken it was duly _ LEROY KELLY cr A letter from Leroy ell was read re train C y y 9 g problems he�is having at CURB STOP his house wi th water and locating ; a curb stop. Mayor Stock directed the City Engineer to contact these people and have 7 staff locate the curb stop to his house and explain to theme the condition of the water and what the Councit is doing to try and resolve .that.pro- blew and the problem will prok&ly continue until an iron plant is con- Pot ice: structed. i The City Manager is to contact him in regard to the gas water heater and if it has been corrected and al othe'inferior workmanship should; be dealt with in depth with the individual and with the building inspector. STORM! OAMAGE City 'Engineer Anderson reported on some damage in areas of Prior Lake Air Com.,, Inc. from the rain storm that occurred on Monday. MEADOW AVE. There-was. considerable damage done to Meadow Avenue and'it will take STORM DJ1li%GE some time and money to repair it. The following invoices arc scheduled to be paid on Tuesday, August 7, :1979:' ,- Misc. Departments: ,. S ,2,960.12 NSP , Utilities Q CDP,`'lnc, Copy Machine .204.74 Minn. Valley Electric CO -Op Utilities 247.28 Equipment Albinson Blue Line Machine, 40.00 JAK Office Products Co. Office Supplies 27;98 '';, v Bankers Life insurance 2,101:34 Water Products Co. ,380.67 105.$9 Improvements 2,005_: 4 r B OK Hardware Supplies 233..49 Vehicle. Repairs 6 5o #' y General Government: Brian Illston Retainee Refund 10(1.00 • Randy"Borcherdt Retainer Refund 100,00 0. M. Mulienmester & Co. 'Audit 1.950.,00 Economy Dictation Systems - Repel-is 72:.00 , The Reynolds s Reynolds Co. Supplies 94.97 Pitney Bowes Postage Machine 40.50 Clay's PrintingtiService Printing-, � 17.50 Rotary Prior Lake Dues 2 0.00 ' z PI enn i'n9 W , ,�,, , ~ Franz En ineeri �a 9 ng Reproductions, Equipment' 5 28 }� �ti Inc. Awer.icrn Planning Ass'n., Dues 7 aJ- ' Pot ice: Air Com.,, Inc. Repairs S 8.S0 Fire: Minn. Fire Inc. J Equipment Nat'l. Fire Protection Assn. Supplies � ,380.67 105.$9 Prior Lake 1176" Vehicle. Repairs 6 5o #' �. G -7- Ma k 7 1 tq MINUTES of IA! hec!ldiwgs of th! Vilip! COYwlil Of 1h4k W;lkwo frier } ' i r_ Of Llke /uil ti sce"'ewd p Mhe/wh. including all aeclwds oudiNd by sold July 23. 1979' � .• ��� „ The, Common Council of the City °of Prior lake met i reular� session on July 23, 1979 at 7 t 35 PM. Presen weltrMayor stoat!,- Co6cilmen Busse. Bissonett, Watkins, Therke.l.son, City�jmanaoer McGuireVs<C`ity Engineer �{ Anderson, City Planner Graser,- Park'D_irector Mangan,�Finance 1 Director Teschnerand' City Attorney Sull ivan.j'''V ' r ` Mayor Stock called the meeting to order: The following correction Is "` to be made to the minutes. of July 16, 1979; J � • - Page:, l , paragraph 9 p 7: / /The Council acknowledged his statement by f stating rezoning would be de&I't wi ' h at that ' time MINUTES * Motion by Thorkelson to approve the'minutes of Jul 16 seconded by Busse and u Y, 1 s 979 a amended, Pon a vote A taken it was duly passed. GATEWAY AVE'. ' Councilman Watkins made the presentation' for Gatewa Avenue ` a few` comments ,about the. resolution. Y paving and 4: ,Councilman Bissonett asked, to be, excused from this Logic: a discussion regarding Mr. Al Lavein, rep "0 HaPPY`Holl �� poration, was present to make. 'a few, comments an ow Cor d express his concerns about the resolution. He requested that the item ok over m be tabled untii`he has had tFme to l` the variance and zoning of the area_and investigate it further. W i ,. Councilman Watkins stated that what has been done_to` this area �is to negotiate, without further prob,Iems,.9rain,ting an odd shaped property. _ greater utilization of c r 6 * ° Motion by Watkins to table this item until Au ust i and if there are an g 979 at 9 OO�.�M ' y questions regarding this property �at Counc 'mans Watkins or Staff be contacted, seconded by Thorkelson an upon a vote taken It was duly passed.: JORDAN ST. PAVINS Mayor Stock instructed the City Engineer to r ands ,proceed withiith ='c paving of Jordan Street as �F i � F per plans and sp,.c i f i ca "t .ons . F.,�, T- S ;.PbINTE ADDITION City Engineer Anderson ��` recei for the Sand`Pointe Addition,, sewer and water. Bids are`asdfol) ' Richard Knutson, Inc. 427.831.00 „i Kenko Construction, Ihc. ;. 445,1 4.85. Orfel b• Sons, Inc.. � - Progressive Contractors, Inc. 450,766.24 458,856.25” The developer should be contacted before awarding of bid however,,he is on vacatFon <ard we can.accept`the ' bid with,a contingency that he accepts ..the= b i d also. : _ _ ° Motion by Bissonett to award the b:d for Sand Pointe Addition sewer and water - to Richard Knutson, 'Inc. contingent upon the devel the bid, seconded by Watkins,and'u open accepting eon a vote taken it was duly 6 ` Dian: ELM . Y passed. Park Director was o present to discuss the Dutch Elm d Oak Wilt isease anWilt disease in the City. The City of Prior Lake c will once again Participate in the State Department of Agriculture Shade Tree ~Disease Program.; 4 a Although the percentage >of grant reimbur has not been - established to date, we anticipate a 25=30 percent,grant to be applied toward sanitation costs. � r 1 Both: Dutch Elm disease and ° Oak Wil't disease are as extensive as they -r have been im thee : The tree _ pasta ins ct6r.estFinates 2500.: to 3500 diseased trees in the 5.contro:l zones. The Hidden Oaks Addition has up- wards s of 475% loss, of oak trees. # A eE fihe eF *O. cowma ,f VilMlae ecPeier leha is ",COMOV of Smm/t ewW $1e1s MINA iadWiM ON OCCOWA eudilMl by siiM Cwaeil. DUTCH ELM The City inspector has been inspecting on a complaint basis, however, the inspection procedure must be increased because of the apparent increase in diseased trees. =' In terms of reforestation, last year, 'the City purchased 5o trees for re- placement of lost , trees on public; land.. These trees are eligible for,' grant reimbursement only if used =for public replacement. -: They cannot be sold or planteC on private property, The City'currentiy, has no provisions for supplying private, property owners `for ; with trees replacing diseased trees that have been removed. { Councilman.Thorkelson said that there should be some kind of program to encourage the people to repl land: ant trees on their property and also on public- Councilman 6issonett stated that many people do not know that diseased tees ' must be debarked'befcrre they can store them. He asked Jar:, froo the Prior Lake American; to this in put the paper so everyone can be aware of this. Counc lman`Thorkelson -.at this,time, we have a poi,cN that no trees shout it be pl anted "In public right of way, The Council should discuss this in the near future to 'evaluate 1- .` Not all trees area hazard'. City Manager McGuire - The City hasn't planted trees'in the boulevards because they seem to got in�the way it ` when comes to digging up for sewer and water and the utility Companies also have a problem. Councilman Watkins - If citizens want to'plant trees in the boulewrds, by their thones, then they should take care of the tees. = �; Mayor, Stock direc'ed the City Manager to schedule.,the reforestati discussion at a 1Ater date., on _ �� CR HINAL JUS TICE ADYiiSOR Stock, has recommended that t h e Mayor e Poce Chief be a as a member Y '. to the Scott County Crimi appointed Justice CONK I L ` nal Advisory Council, Mr. Powel is will - p i ng I to accept this appointment. Moti4, by Watkins, to appoint Dick fowei1 as a member of the. Scott County Criminal justice Committee, I i <Advisory seconded by Bissonett and upon a,vote taken; i't was duly passed. B:OO PH r 1E01.CA1 Cll- The Shakopee=w.�led I ca 1•- C 1:i n i t proposal fora med i ca 1 clinic revenue 'bond' requRSt was that next item on the, agenda. Last -Atilt IN PRIDR. week, a public heating was held on this itew f People =rom the Shako Pee Medical Ciinic, along with concerned citizens wereinvi ted Lotake t" parand give their opin on this matter. Mayor Stocle�directed` _ the Consulting Fiscal Agent, City Attorney and Staff to review the report from the' Shakopee Medical Clinic regarding the proposal and write recommendatio s 6h the..matter. , Councilman Bissonett did not take any part in the discussion oft this item. j Mayor Stock read each recommendation. Copies of each recommandat,i� on are,on file at C =ity Hail: if anyone wishes to review them. _ �f ` Olaf Lukk, --made a 'few comments rega,dinp the medical c,linic.. The do- c%fisant he got d i dn't have the financial statement In i t,, - because het-was to d that it was none of his business. He f* that if Yom; =have. doctor In tliG cowMm I ;one L and then Y get seven amore, it spell trouble. Ne knows more,about'the - mad I cal CIInic_ business because he °has been in the business for 9 years, alaf Lukk, Jr: - `profs ss'iona,l architect- He said - ,here should have' been PrelIminary plans, at the pubs is hearing and the $75-00/sq. ft. was too costly for,a"medical The current avera9e cost is $45.00 /sq- ft. ' Otb Lukk - Merrill Lynch employee - He felt. that the fln anciai statements { shoo 1 di be publle�y known because ht is going to be pub iclYYfunded. He also.' Oak a few toaments about the commission tf�at the can sL�iting agent will be getting. �� N NUM of ' p receedhW of NIl:'Vamp Geedl Vilipa of rdw Lobe i* M! ca" of sew OVA $$I" a MI Including 031 OtIMM/t by 9*W CipIladl. 4EDICAL CLIN'I Dr. Olaf` Lukk He is against the medical clinic being named the Prior ` IN PRIOR LA.. Lake Medical Clinic because that is what his clinic is named: A concerned citizen of Prior Lake - i am a .friend and an enemy of Dr. Lukk and when you start talking about revenue bonds to finance, we should think about Dr. Lukk. My big concern is the way that D Lukk is devoted to the community and he has , done a tremendous job for the commun ] ty Steve Mattson For the record,he stated he is not making any commission on this project and is acting for the City. He will onl -p $200.00 for the time he is putting in this. - Y.get' about City Manager McGuire - Or Lukk and all the other residents of the-City had the same information available that the City Council and,iayself have except the P personal financial information. It has been the City policy and 1. cannot recommend changing that policy. Bob Levy - attorney °For the Shakopee;.Medical Clinic - The the clinic in Prior Lake is not to c Proposal for compete with Dr. Lukk or anyone else In Prior Lake. There is a need for additional' medical services in Prior ^ Lake- and for a medical; ylinic be located in the area to better serve the residents. Mr, Lev also made additional comments why the, would be, beneficial tt the "City. _ �'< 4 Councilman Thorkcison - The consulting agents have told us that they (Abrams, Keenan,, Lynch and/,Spagnola) have met: the criteria for the revenue bond for commercial services; how can we not accept lt. Councilman, Watkins - "We can't deny it they are c financial ]y. the great concern by the Council andtheecoiaMU�Ity]for� Dr, lu0.i i not - compet,itj.on_ but additional medical' resources in Prior Lakep that both can grow /and benefi.t,,. Motion by Watkins to giare pre]iminary approval to the request of re- venue noa- financing fo�/ / Abrams, Keenan, Lynch and Spa gnola, seconded by Busse and upon a vqe taken it was duly passed. 'LfQ: LIC. The On Sale liquor Licsnse requests by Yen Yen's Cafe and H ollywood Inn were discussed by theIL'iq uor License License before thd.meeting. Frank - ` representin the lb l] , others were ,present. 1 +ie had with h m si g�atures a rom f rge Pehrson among that the Noll people.petationin9 Yid ° 1 ; i be granted the On Sale 'intoxicating Liquor License. Doug Hefermann - County Commissioner l don'St object to the increase in the, number of I I quor Ill I Censes In the town, however, we must'be very Careful of what we do and what has been.done in the <! Innis in a non - conforming use and It does not fit the of , i the neighborhood HI- used a few examples such,as the cemen ? and an excavating coiupany, t - mixing plant Chizko Nomota,- Owner of Yen Yen's Cafe She stated that she did not hava.her attorney with her and requested this item to be tabled,,until next weak so he canl.come to the meeting. Mayor Stock "The C,MnciI will take thisAnto consideration. A member of the aud - The, Ho11 ywood Inn has been a la4daark for a long, time and has been, In that area for many years. The nei *o has no objection ` theli- expsnding. - Rat "Kneltt i nom; Tha: pn lY d i ffecenee 1 see In hav ng, an on, sa e set up:llce�nse ir the owner of the establishment can coatrol� the drinks more f hei4tas the.,on sale. Because the person will be bringing L in the drinks' and.- tley'can drink all they want, , } r MY'M of -the `.. �aNlinrs of iM Ctisiireil of tfiw. Mi11aN of <hiw telie in Na Guny ei' SaWl;and t t"Na of +" •••+•. indudi" an Owwaft'w l * said COW"N. LIQ•- WC• Councilman, Watkins - Prior lake is only allowed so many liquor licenses a and they are non- transferable. We have seen cases of where the 'liquor lic- ense becomes amenity to the property. It might be wise to consider a refer- endum concerning the number of liquor licenses -. I would hate to seethe con.tinwnce -e)f the liquor license becoming an amenity to the property with: the refere elim, the liquor license would not be automatically transfe�rabie.'' C, . The license -1s issued for a fee by the City becomes negotiable Aith' exchange ; of the property. 1 don't go along with this. t City Manager McGuire - 1 looked over the petition Q uickl he majority of the people do not live within the six blocks of Holl lyd o Inn, some ` iof the people live in other cities. i Mark'Suilivan - The recommendation of� the liquor commission is ,hat both k ' requests be denied. Hollywood Inn on the basis that it is on anon - conforming Ose and Yen Yen's Cafe on the basis that the building ,is not. particularly „ suitable in that area for a Iiquor (icense and furthee'""there are already two r. a3quor licenses in that aza: Mayor Stock stated that he received a letter from Skip Reebie .regarding Hollywood ;Inn and he would l ike this letter be made part of the:. record. :. Cpunci ]man S i ssonett - I am .qtr i n to draw a y' g parallel between the Green Heights 'to g .s and- Mollywood Inn.. ,Granting the On sale license Green Heights r djd,not create a problem and' Hollywood Inn maybe the same type of sit- uation.� It's'a neighborhood bar and it has been there for long time. 1t's.Y landmark. As far as the Yen Yen's is concerned, 1 don't know if, k saturation ;is a reason an own , my m mind, not sure that �it is a vapid � r c '' , reason. a � w Councilman Thorkelson - I concur with the liquor caaaission,on the non - con -- .: forming use. As long as the Hollywood <Inn is a neighborhood bar and serves` " the neighborhood l think that it is fine and granting them a liquor license - is definitely granting them to expand to their.facili:ty. l don't think that is an appropriate silo to expand, Mayor Stock - When we had the public hearing for the expansion of Green 3 Heights we have had many comments regarding traffic problems, parking and „ noise after hours;: This has gone on from the time we granted the license to the current owners. I am concerned about placing i liquor license In a non - conforming use. The road is very narrow, pedestrian5:are Around the lake. The request would definitely expand the use of the facility by the public. Thero would be complaints about noose and traffic in that area. �> I agree with the recowsnenda. ion of the Iiquor commission. ; <_ As for Yen Yen's Cafe, 1 feel that the design for the building was origin- ally a cafe 'not for a bar a Traffic in the area is a problem, it Is on the corner and is located next to a high use area, we will have pro- , blems'.` 1 cannot see how we can resolve`theE,traffic problems in , the area. w I support, the recommendation to the'`"Yen•Yen's Cafe. '> Member of the audience - The saturation reason at Yen Yen's is invalid ' because there is ad uate eq parking. They are open when other stores are Closed f�' tc If parking and traffic is a problem then lt" also a problem at the-Anchor a Inn.. When: the Hollywood lnn is full, there has been no complaints with none.= The area is_a resort and recreation type area.. People are beinging ` n , the r.,own 1 i q uur and, drinktn g ,just as much.- Right now there is no traffic. Problem. � �ti? Ray Yulken „- I We.GL gone-to the Hollywood inn at all hours of the night and the only noise is when you go to the door. The bartender can control the drinks when hi�Is pouring them. 1 have never had any problem with parking. a Ron %Sylvester 1_ ve gone to the Hollywood Inn alot and i have never ssrcn a'fight there since' it has been operating. lt'is a nice place to go. .'t tv'Manager McGuire - The liquor commissions recommendation does not in- -tens for the Hollywood inn to lose their set up license or,3.2 license. r 1 r AMU` of *0 PwedMN Caw�eil 11N1. sa PdW -,teke In the cow of sere eM ileN of " M an exarmis OWN* ewwdh. j +` t yQ IJC. Councilman Watkins - No act should be taken to Yen <,<Y E , Hollywood tnn.o A referendum en's Cafe or the.J be considered for the fa 1 - 1 election and votetsnwantetoo include conformin g and non - conforming uses -.and i, p any other l imits on it.' f the 'I !lark Sul i ivar, *.• j' 1. ink that some action should b taken one way or the other. Motion by Watkins- to table both applications, seconded by Busse, }(` - - iN 4 - x r The Council had further discussion withdrew his motion, Council on`this matter and Councilman Watkins man Busse withdrew his second. i -, Mo tlon by Watk%zs to accept the rec { 'i co miss without' `predigest, seconded by Thorkelsoneandguor. license 1 taken It was duly u pon - 4 vote Y passed,: Counc11'Orn Bissonett voted nay, „ i Mot=es by Watkins that the 1 iquor 1 Fcense, comnissFon review and rr� on a'refer endum °For th'is_;years election for the ncrease of 'liquo r licenses available "Fn Prior Lake and t reatment of those li P1 -> qualification, seconded by Busse and u Pon a vote ta censes and ken it was du'Fy� passed. a Doug Hafermann - ' The ,Council should review the jig licenses on °the ' own merit and not take cuff the lid and issue a lice i ever it rY _ I, Mayor Stock - 1 reacted on eachcase,.�,Yen Yen's and Hold Ywo•.d' Iran..,;, r The committee will review the referendum j nb lnta�a valid farm to the Council and it tivill take Council motooiiresolution to getk , i 9:30 'PM Richard tejdl � 4 i.k FamFly housing This project an the is ~ °:eouth side of t own' at the end of T goin t o be built Of the cul de sac, I t is a three a FAMIL cre site zoned R3.��The south side g; Y FilH1S. Plan 'is to have 36 units, to�rnhouses, ,c+n this site,. It concurs �w� ` : 1 � a11. the regulations except for parkin re ui th � accepted by the Minnesota Housing FinancegA requirements. The Program is a loan for the construction of the 2 and bed and woderat and they, will: lend 3 bedroom townhouses for low ' e . in toe►e residents. The problem is utith the parking. This can cost the protect :more than what they have financed - for. Wh i needed is: for the C r 1W to give a variance for asked ° to °have Tower U * parking and they also � 1 Paved. ' Councilman Bissonett requested that he be excused from any discussion on this p roject., The Council and Mr. Ze• r. �a O t d oor us Of sion on this and the: o having garages ead of outdoor ` possibi ity fit` a structure that is similar to this thatkisgfinishedreQ steel to see Mr. Zejdlik stated that there is a'sim`ilar set up as t Yet; there are his one planned, garages instead' o�F outdoor ' parking. e l The Council will go and look at this This will a so give the Councii more time look at �n Litchfield- he plans further. lotion by Watkins to table this item fo August 6, 19 r further, discussion until - 19 at-9;15 PM, seconded by Busse and u it was passed. Pon a vote oaken a ` Mayor St' ock'directed Mr. Zejd'iik to submit to the City 1�. In writin Man l' the he problems the Council can - review on the plans and the they will be discussed a the.. August 6Lh.Mceting. ? . ,.PATCHING t The patchin9�and pavan PAY1 N6 The City Engineer a the avail M for tonights.meeting. �a ge when they are in, " lotion by Watkins to authorize the C a Y Manager to enter into contract based negotiated quotes with' the_, contractors with the p urpo se of Patching and Paving the CFty";' by Thorkelson and u vote taken It was �du l; streets, seconded ,passed.; i Pon a lt`, 2N0 Th °WRT.. BBU e nd " REPORT Quarter budget Summary was reviewed , r. ," 2 by`the Council ,. �� d y IIAlIJIM ef'Me Neleed wlm of the WNya Cw of the Villya of ION Lela 10 the of sew sow of / .SIrN , I"dudi" ON eew - Oudk d by said, CevnA 2N0 QilRTR. Notion[jrby Busse to accept the 2nd BUDty� REPORT Waktins and u p Quarter Budget Summary, seconded by upon a vote was duly passed. C,NT PACT' PYM ;. payments were reviewed by the Council. - " f• . f^ 76 Mation;by Bissonett to approve: the payment to Fisher Sand Aggregate, I in the fZ�r Project 76 - amount of $5 o ff r.1: vote taken it was duly pissed. 9 311,65, seconded t±y Busse and upon:a 77-3 PHI Motion by Thorkelson to approve the payment to Fisher Sand Aggregate, Inc. for• Project 77-3 Phase I in the amount of $11,331.89, second ed by;Matk €ns and,upon a vote taken it'was duly pasted. F 77 -3 PHI{ ` Motion by Busse to approve payment to Orfei b Sons, Ph Inc.ifo`Projact 77-3 ase 11 in ` the amount of $ seconded by Thorketson and upon ,& vote taken it was duly passed. 78 - 3 i 4 Motion by Busse to approve payment to Progressive Contractors, Inc; for Project 78 -3 Sr 4 ^ in the amount of $146,659.54, seconded by,WakLins and upon a vote taken it was duly passed'. -: v Motion by Thorkelson to approve payment to Richard Knutson, I nc. for project 78 -5 in the amount of'$66 341..23, *$ seconded by Busse and upon vote taken it was duly passed. v LAKESIDE ES ES TAT City Planner Eraser presented Lakeside Estates plat,and their reuest for Council to approve ove the change of the lot line between hots land 2. The lot line for lot 2 has been moved over to west. = the The primary reason bring that the buildable area of lot I now is north of the drainage easement, there Fore, he would not have:to distrub any of this area adjacent to it_and make lot 2 smaller. , Motion by Bissonett to approve the rel iminar P y plan of Lakeside Estates as •., amended. Contingent that the house. on Lot 1 be built on the street side of the drainage easement, and drawing be marked Exhibit B and dated 7/23/79 and be part of the record, seconded by Watkins and ` It was duly passed.. upon_a vote Laken i B -E INDUS PARK iffy Planner Grater presented the G- Eindustrial `plat approvel.' park request for preliminary The Planning Commmisson discussed this at their meeting and recommended ap- prove], with contingencies.' Motion, by Thorkelson to approve the preliminary plan for the CrE'I ndustrial Park contingent upon: ° , i : 1) drainage plan to the City and develop i =and three options,.• Y per be worked ou - ditches, storm 1 sawer or channeling through the private, property be considered. 2) Lots 2 t 3' 'combined. Lot l be enlarged, and squared off and that road access to the east be to provided the satisfaction -of the City, developer and Mr, . Bang. �,, ` )Pertolution tests be taken prior to constr4 ion and any additional uses, the staff came up with a list of the needs to review each uses for the capAb.ility of each situation without sewer and water. ° `- _ and the drawing be marked as Exhibit A and laced as p part of the record with the ;date of 7/23/79, seconded by Busse and upon vote s6m s K E W AVE a taken it was'driy passed, ' TO TN 13 Councilmen Wotklns' stated the Mn /Dot must c Avenue to TH 13, ompiete the work from Pleasant Notion by Watkins to send a letter or resolution to Mn /Dot requesting for ` full to the intersection, seconded by Thorkelson and-upon a vote t' taken it was duly passed: hFSNI PT. RD q 8ng,lneer Anderson.requested CouncI approval to^ condemnation of Fish int Road .. Notion by Waktins to authorize condemnation on Fish Point Road, seconded by Busse, and `upon a vote 'taken 'i it was duly passed. ,' f 0 _ ' ' 't .� Il p S,, g M wim of a a e, Ptecowkw ef,11M VNIeN CeemM of dw VNIsN of rdw take in *wcaul" of Seats eW 3tde of : Nli aaot 4 ieelerN eN ecbereta erdit d by mW Ceendl; REVENUE M Motion by Thorketson to set public hearing date for revenue sharing � v by Watkins-and upon a LEROY KELLY A A letter from Leroy Kelly was read regarding problems Oe,i,s having at CURB STOP h his house with water and locating a curb stop. Mayor Stock directed', the City Engineer Wcontact these people and have staff locate the curb stop to his house and explain to them the condition of the water and what the Council is doing to try and resolve that pro- .. blem and the problem will "prob�lly continu - continue until an iron plant is con t 41 i t I 1 ' VNI"o pi Prior tah is tM Cou ey et S Saw and Mom . iI( 1 1 ON aearnrs' .{ : 1 R Red Owl Stores SuppIies - ' � �', � 'Prior lake Nursery 1 Su piles ies' 16.i9 Mirar.le 1 1 £: 12:50 ; t � (4 C : Qua lt,ty Waste COntrol, inc. � � Refuse Mauling. a 9,,339.59 : a E R C �. R 50.12 i C s , ' ( ` `SaVe4e Tine, Ser Inc. - R Re irs Pa S S 25.00' }` 1 W General Repairs 15'. 23 r Rock 3 3e1 .00 I, Sower: iz Et M Midwest Wholesale Tire, I Inc. R Repairs j 71 �. j Water; i Van' Waters 6 Rogers Chemicals, $ $ 213.02 j � � R Repairs Sand Po Into Fund:: ' ' � j. I °Poacher Printiing . " �1 t .S L Printing_ " 675.50 it 1 1( 6 Services Rendered . .S 6 r � 1 1° � ',2 Eke Sewer and Water C Construction Fund: a if t P Prior 'Lake Blacktop, in- ' Spillway $ I� t� D Debt SOryiceF_ Fund: { $ 2,000.00 The First Ila 1 1. Bank of St. Paul 8 8pnd P $ 25.12 j 14ssessment Refund C County ±� E 1! it Moton b by TAorkeison to s seconded by Watkins a and- upon a v s h h. f Ehis m at'10:37 P PNI if C M Michael !. MtGu i re City Manage t