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HomeMy WebLinkAbout03 24 19801 MINUTES .of the hraeeediags of the Village Council of the Village of Prier Laico in the County of Scoff and state .ef Jf e ,. Minnesota, including all accounts audited by sold Coundl. March 24, -1980 The Common Council,of the City of Prior'Lake met in regular session on Monday, 'March 24, 1980 at 7:30 PM. Present were Mayor Stock, Councilmen Bissonett, Busse, Thorkelson, Watkins, City Manager McGuire, City ,Engineer Anderson, °Finance Director, Teschner, and City Attorney Lind. Mayor Stock called the meeting to' order. The minutes of March f7, 1980 were reviewed. n MINUTES Motion by Busse to approve the minutes of March 17, 1980 with one correction on-Page 2, Parograph-`6, change budget transfer of the Fire Department to $25,565.82, seconded y,Thorkelson and upon a vote taken it was duly passed. JOHN PACKER' The first item on the agenda was the John Packer, Jr—conditional use permit 'CONDi, USE request for rental of -Ahe lower level of his home at 15325 Edgewater'Circle, NE. The Planning ComWission has met several times on. this issue and recom- mends the following: 1) the approval criiteria for conditional uses is sufficient to evaluate this aippiication, 2) considered the `input from the abutting neighbors, James O,lexa and Fred, as vital; both strongly oppose, 3) reviewed letters from other immediate neighbors who voiced no objecr t On to the use, 14 „ 4) found that Mr. _,Packer had a lease agreement that ran until the end of June 5) Planning Commission recommended to deny the use because of the ob- jections of the adjacent property owners and the proximity of the adjacent homes. s /'Mayor Stock and City Manager McGuire read the letters received from the ' neighbors in the area. Mr. Packer was present to make additional comments. Three Property owners were also in attendance to make comments.,on this matter they all were.opposed`to this use. Council discussion was held with the v y . following action: ;r ' Motion by Watkins to approve Mr. Packer's conditional use permit until the } ? present lease expires on June 1, 1980 and the Council concurs with the denial of the Planning - Commission and reaffirms the recommendation. the Planning Commission, seconded by Busse and upon a vote taken it was passed. Council- man Thorkelson voted nay. ` renter At thls time, the of the lower live') of Mr. Packers horse spoke. He Ac stated a that he wanted: September of this year, ai d: to rent until Se p which time he the area. area. J Motion by Bissonett for Mr. Packer, his renter, Staff and the City Manager to';4ork out a {: final termination date of the conditional use permit, seconded „ by Thorkelson and upon a vote taken it was duly passed. DISEASED' TREE•HRG. Mayor Stock called to order the continued diseased tree assessment hearing. Finance Director Teichner reported on this. The Ed Martini assessment re- wins as 4 s on the assessment roll. Maureen Jandorf has asked that this mat- ter be tabled for'2 weeks. Motion by Watkins to continue the diseased tree assessment hearing on Monday, April 7, 1980 at 8:00 PM, seconded.by Tlorkelson and upon a vote taken it ' dul passed. > DR. BABCOCK discussed the consideration of amending the zoning,ordinance REZONING making offices and banks permitted uses in the B -3 zone. City Manager Mc- Guire has contacted Dr. Babcock and he feels that a- public hearing shoul d be 'scheduled in the near future,. C� Motion by,,Watkins to schedu le a public hearing for.May 5, 1980 on amending the zoning ordinance cont,Ln ent g upon the Planning Commission s,,favorable recommendation, seconded by Bissonett and upon a "vote taken it was dilly passe ' DIKING b , =PUMPING OF Attorney Bryce Huemoeller was present at the meeting and summarized importan of the Watershed points District meeting held on March 22, 1980 at the Jr.; SPRI W"LAKE High School regarding the control of the lake level. a W b i ' Z •. v 1Y e { f .. MINUTE; of the Proceedings of the Village of the villa •V- of:Mior lake in the County of Scott and 3tote of Minnesota, including all by said Council. DIKING b PUMPING OF Bryce Huemueller - The Engineer, .in his report, stated that as early as the 903.8 " SPRING LAKE we can start having trouble with structures and he indicated that even a 10 year -1 hour could storm raise the hake itself } "foot. We're at some - where between 902 and 902.5 lake level and we are having a hard time measur -` ing it with the ice. We got water coming in from Spring Lake, we have water coming in from the upper areas and _there just isn't any margin there. So, based on that they declared as an emergency, because of the existing level and the existing water coming,in, the existing snow on the ground, and the pro- ' bability of average rainfall from now until June. I think the primary reason, as 1 understand it was just'the fact that it ;is going to take very little g rainfall to put us in a real problem. So we! going to start the diking �< Immediately and the pumping.. We will continue to work on arrangements for . pumping., including the electric pumps, that we, have been working on already /we and. talked to the DNR and the Civil Defense people about the diesel pumps.that they have available. One of the things that we are afraid of -with the diesel pumps is :that it would create a problem with the noise they create. The concern is to minimize the problem. The pumping, 1 think will be handled as follows: If the water starts coming up quickly we wi11 have a special meeting and this meeting will "authorize the pumping first of all installation and actual operation. The special meeting would be held with very little not - ice. We will publish in the paper if we have time, if we don't; we will post f notice, Mayor Stock - Flood insurance is available'and all people that are living in the flood be, plain should by this time, signed up and if`riot they should sign up forthwith. The City again will be in the emergencystate with the sand bags, the bags will be available 44 the people contact the City Offices. As far as the steps of sand bagging, gging 1 assume'it will have to be approved by the Watershed District, oe does the emergency motion that was passed cover that too.? .' � !.. Btyce.Huemoel`ler -' When you have an emergency, even the common law gives you the right to protect your own property. I guess if we have water that is coming•up that fast,.nobody is going to quibble, that l know of. Atileast my reading of the Board from meetings I attended would indicate that they are t >� =: .. not going to quibble with reasonable steps to protect property if the water Is getting too high. We are working with the DNR to get %their approval so that this can be done immediately, if, necessary. You are tight when you talk about the expense. Once the water gets up that high, there i.s no way to get It out except to pump. k T Vatkins - Diking is a very inexpensive way to hold a foot of water away from y b us. The cost.of pumping a foot out is atrocious and l would say the Council and myself would support this implementation of a permanent' overflow as one 4 ..: thing that is going to be done. There are alot of People that are in trouble a and I am one of them. There are alot of. people that are not in trouble and' they are going to end up ` helping pay the ball. One thing that has got to be addressed Is this water management lan. We 9, p got: the joint plan. here and what r -, we got to have, at the time ofthe public hearing for the v g permanent overflow, is a well thought out water management plan of Prior Lake. When we get this overflow, what are we going to be able to do with it. .Last fall l said that the permanent overflow is a tool to be used for the water management plan of Prior Lake to prevent damage as well as promote a reasonable stable lake level. i Mud Bay is Mud Bay when the tide is -out and its Crystal Bay when the tide is in. Real estate values change with the high and low Historically, the water level is high in March, April and perhaps May. Prior Lake doesn't get the surge until May and June, we could allow water to escape after or another time when the rivers and creeks are not high. I think if this were explained to the people we would have a lot more cooperation on the permanent overflow and I think it would be much more successful. Keith Thorkel'son - How long will it take to get these pumps in p.lbce and get all your equipment in place once you decide that we have an emergency that re- pumping quires and second, how will you resolve the problem with easements where this water is going to flow through. r< ; -Z.- MINUM of the a Pioeeedings of the Village Council of the Village of Prior Lake in the County of Scots and StaN ,,6f Minnoseta, including all nts audited by sold Cordl. r ` DIKING b Bryce Huemoeller - Timing is the real problem. To Iut the.pumps offshore PUMPING OF onto the lake you have got to build some type of a raft„ you got to put In c 17 SPRfNG LAKE" a pipe that runs up the hill, you are looking at about 30 days °lead -time. So we really can't just stop working on the _pumps right row. You got to have the arrangements made and you got to have a contractor committed to be able to effectively meet the problem. So far, the contractor hasn't' asked for a deposit and that is a major problem-that we, have to come to. If ire wants a substantial ;deposit, we have somewhat of `.'a problem. We are continuing work on our assessment roll, hoping to have our assessment Fearing at least scheduled and,notices published shortly for the outlet and the pumping, chances are that both assessment rolls willbe finished ( about the same time. Many of the people that are nvolved in one will be involved in the other for assessments. The timing is a definite problem,° 30 days is the figure we were given, 1 -think that could ti cut down, but there, are no promises,,.alot of it depends on how busy the pumping contractor is :a't the time we need the help. He has given us figures ` ",that go as low as slightly under three weeks to as high as four. S i' We have the authority to borrow-from any state charter bank, we can 'borrow from the state or federal agency,,'we can also, if we have to,; set up a l' preliminary fund with Scott County In effect, they ,-can borrow us money.from their general fund. Easements are a problem simply because under normal circumstances you need 3 -6 months to condemn and a big problem is that you got to have the 'money �- ' . before you can condemn. q �> if the sltuation,becomes bad enough, there is some property-rthat we can use: for the water. - Technica.l ly, `under the old law you .do not :have to com- pensate the land owner for it, but I think the intention of the Watershed District is to make every effort to "restore any damage or fix any problems 5 because of it.,' Some of .the area that-`we w i l l use, i f> we'. have .to pump Is natural waterways and those areas that aren't we have to have easements for. There is an exlsting'e'stablished. path, an old ditch or creek bed or something like.that. and we, aren't as concerned about them, we are primary concerned' about the areas that are in the residential type evelcipment. ._ Mayor Stock - The City was in the y y process of acquiring easements and we could not and.that is why there was.a :.meeting held to establish the emergency. Now, we sti are lacking. some of the legal information. ;{ r. 'Bryce Nuemoeller - We had a meeting�a.few weeks ago with -the City Manager "r g y gave me: a .list of information that the thought City ;En Engineer; the y g i would be needed to talk intelligently to the :land owners involved. The ' - owners wanted accurate information. To my knowledge we now have that Information and I wi l l get it to you as soon as puss i 0 a so you can start working on it -� Motion by Watkins that the City Manager forward to, the Prior Lake- Spring WV. Lake Watershed Disirlct an extract of these minutes as follows: That because of the information that was made available to the City on March 22, "1980 by the Civil Defense, the City hereby submits its posoition i on emergency,,action that can be taken by Prior Lake - Spring Lake Watershed District Board. 1) the City „supports and urges the district to"procedd`immediat6ty with diking operations at all the upstream, locations as presented by the engineer, 4 fi ” 2) the City supports planning for pumping operation on Prior Lake, how- k"i ?. ever,, implementation of said plan should not occur until the conditions ' are evident that the water elevation shall exceed 904, a) priority,should be given to the equipment thavj available ss through the Civil Defense, 1) the District must, by letter, request the tity to. petition a the CMI Defense to place at the City's disposal pumps, 4 engines and piping, tx 3) the City su orts and 'Urges district to proceed with the continued , PP � _ planning and implementation of the permanent outlet;, ° seconded by Bissonett and upon a -vote taken it was duly passed. -3- � 0 , b �F MINUTEf 1ho heeoodia" of 1hv Vi "me Ceune1 of the Village of Prim Lako'a'ho County of Scott and State of v Mianesota, including all accounts audited by said Council. DIKING OF Jerry Pilch, who lives near Pike Lake, was present -. He stated that the cul- ; SPRING LAKE vert from the lake is very small and he spent a whole day trying to unplug it so the excess water"will flow out of PikeLake.- The water level is above normal on the lake. He would like something to be done about this before anymore water gets in Pike Lake, by the spring melt or pumping from Prior Lake. ; Mr, Huemoeller stated that he will talk with Mr. Pilch about this problem and a larger culvert may have to be put in. CITY WATER City Engineer Anderson reported on the municipal water survey. There was ' SURVEY Council discussion on this matter. Motion by Thorkelson to: ` t ' 1); °Direct the, Ci Engineer to explore the looping of -.the dead ends, 2) ~ cannot be looped be put on a more frequent flushing schedule, 3) the engineer prepare some specific costs as to treatment using poly- U phosphates, such as how long does it take this chemical to work; how does ` it effect one's health, what it does to the water taste and use, 4)_ the City Engineer check the direction of the water flow in tome of the lines and , a core sample be taken of that area such as Frogtown; these are where the oldest lines are and by having a sample from that area, we will know what we have in the pipes; 5) the information be presented to the Council by April 28th and an #* informational meeting will be scheduled on that date, �.` seconded by Watkins and upon a vote taken it was duly passed. 'UNLEASHED Marlin Bluedorn was present to discuss with'the.Council the matter of un losshtttl• dogs in her neighborhood and in Prior Lake. She lost her dog because of an unleashed dogs. Mayor Stock recommended that Mrs. Biuedorn contact the City Attorney, Rick Lind to discuss this ;matter and get direction on what action can be taken. " ., 'AUTO SODY City Manager McGu1•re'reported on the auto body shop. The owner has stated SHOP that a ll the Junk vehicles will be removed by April 15 1980, however, he did not commit to a date when the old building will be removed. • _; Mayor Stock stated that this matter will be reviewed by the Council: on April 21 1980 and if nothing is being done, the Council will take action. s "Ll1KESIDE One resldent of the Lakeside_II;lanor area was present to inform the Council `. !",R about the lift station. Ne staY�,d,,it' goes off two times a day.. "The City _Engineer will look into thi�ttnr. ;u 4d >l'980 CENSUS A proclamation that was signed by Mayor Stock was given >to the local papers to be published. This proclamation is for the 1980 census. The following invoices are schedule(l to be paid on Tuesday, April 8, 1980: �. J K_ Misc. Departments: ` Coulter, Nelson, Sullivan 8 Frevert Attorney Fees $2,441.50 JAK Office Products,Co. ' Office Supplies 94.41 - f.CDP, Inc. Copy"Machine 198'.94 Minn . Gas Co. Utilities 923.85, NSP Utilities - 3,486.18 Delta Dental Plan of Minn. Insurance 648.75 Prior Lake "76" Repairs \� G `S B OK Hardware Supplies 65.47 ° Webee Auto Supply, Inc. - Repairs 220.11 }� Contingency: OSM, Engineering $4,902.82 c: 1 U -4- w, `ems ' L CJ MINUM of tbo 1 0 1 kip of the Vill"o Coundl of the Vilk qp of shier lake in the County of Sce» and State of Min - 89MM, including all accounts. audited by said Council. a" l General Government: Robert McAllister Dog Catcher $ 270.80 ` ICMA Municipal Year Book 32.50 } Howard Huber Retainer Refund 100.00 Bruce Ehlers Retainer Refund - 100.00 o Northern Comfort Homes Retainer Refund 100.00 Klehr Construction Retainer Refund 100.00 John Mahoney Retainer Refund 100.00 G Dolores Berens Cleaning Library b Supplies 53.21 ' Minn. City Management Assn. Dues 15.00 f Amer. Linen: Supply Co. Bldg. Maint. 10.75 Gateway Publications, Inc. Publishing 84.57 ¥ OSM Engineering 1,600:92 . Police: Mobil Oil Credit 'Corp. Gas b Repairs $ 138..69 Liberty Photo Service, Inc. Supplies 79,49 U Fire: St. Francis Hospital Viking Ind: Center Certification Fee Supplies $ 20.00 44.45 Webers Troseth, Inc. Supplies 68.49 Park: Farmers Mill S Elevator, Inc. Supplies $ 990.80 Prior Lake Motors Repairs 60.SD Bob's Sport Shop: Supplies 37.60 Street: Savage Tire Service, Inc. Repairs $ 11-.00 Shakopee Ford Repairs" 75.00 Minn. Valley Elea. Co -op Utilities 76.26 Batteries Unlimited Repairs', 51;87 -, Earl F. Anderson -s Assoc. Inc. Repairs 154.65" Metro Alarm, Inc.€ Repairs 39.70 ' Roto-Rooter Rental 450.00 ` Airsigna) Rental 28.00 Itasca Equip. Co. Repairs 142:78 " . Y Warners Ind. Division Supplies 2.13 General Welding Supplies 19 Sewer: Clara Kes Damages $ 300.00 McKinley Sewer Service Repairs 125.00 Aid Electric Service Repairs 34.50 Water Layne Minn. Co. Repairs $ 91.32 Van Waters S Rogers Chemicals 268.68 Water Products Co. Repairs 101.06 - G. L. Hennen Connt. Co., Inc. Repairs 180.50 'Hach Chemical Co. Repair rs 33,.14 ' Diseased-'Tree: Johnston's Prior Lake Nursery Tree Removal: Bill Mangan Seminar " 10.00 " Capital Park Fund: Scott Co. Treasurer Taxes $ 605.;79 Mt . x ' NN1i M of the presoodinlls -of th Vi11aN Council ef'1ho Village of Prier Lalka in County of Scoff and Stab of Nanosob, lndudino all eaoeunts audited ,by w10 Council. Martinson Island Sewer and Water Construction Fund: Bakke, opp, Sal IOU b MCFarlin, Inc. Engineering $1,577.00 1977 Spring Lake Sewer E Water Construction Fund: Tri- State Drilling S Equipment Co. Installation Pumps $6,562.00 Debt Service Fund Wayne Laurence Assessment Refund $ 116.08 } Motion by Watkins to adjourn, seconded by Sissonett and upon a vote taken this meeting was adjourned at 9 :10 PM. 1 a t r , Michael A. McGuire a , City Manager L - 3 D a i f -6- ` t� V