HomeMy WebLinkAbout08 02 1982MINUTES 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,
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August 2, 1982
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The Common Council of th
!� e City of Prior Lake met in regular session on
Monday, August 2, 1982 at 7 :30 PM in the Council Chambers. Mayor Stock
" called the meeting to order. , Present were Mayor Stock, Councilmen Busse,
Watkins, Thorkelson, Schweich, City McGuire, City Planner Graser,
City Engineer Anderson, Finance Director Teschner and 'City Attorney
t Sullivan.
Mayor Stock asked everyone to please rise for the pledge of allegiance. .
MINUTES' The minutes' of July 26, 1982 were reviewed.
Motion by Watkins to approve the minutes of July 26,,1982 as submitted,
seconded by Busse and upon a vote taken it was duly passed.
The next °item on the agenda was the Revenue Sharing Proposed Use.Public>
REVENE`SHARING Hearing. Mayor Stock called the public hearing to order. The publlshed «�
P,,ROPOkD USE notice was read.. Mayor Stock asked `'Finance Director Teschner to review
PWl T" HEARING the proposed .uses for the year 1983. .
Finance Director Teschner stated that the purpose of this public hearing
is for the public 'to submit any type, of suggestions or comments that they
may have i n rega-ds to the expenditures of the Revenue Sharing funds,,-that
are appropriated each year .w.ithIn the•operatIng - budget. The amount for
1983 is approximately $46,000..00 1n the past, these funds have °been
O tt dedicated to support current operating expenditures in the Fire Departrrnt a
and any. Capital Outlay Costs associated. with the Fire Departments budget.
Statfs' recommendation is that these funds be appropriated for similar
uses as in the past. He further stated that there will be an additional
heari'n held in September upon Council's approval re ard,i,n
. p �,9 P P PPr. g 9 these
revenue fund's.
Mayor Stock then asked if there was anyone that,woul& like to make�any
:{ comments regjrding the Revenue Sharing Proposed Uses. There were none.
Motion by Thorkel son , to approve the proposed use for'the Revenue Sharing �
Funds for 1983 in the amount of $46 for the Fire b Rescue Departments,`
seconded by Watkins and upon a vote it was duly passed.
Motion by Watkins to adjourn the Public Hearing, seconded by Busse.•and �
uOoh' a vote taken this,, Public Hearing was adjourned.
The next item on the agenda ;was the request from Jim Dunn. - Lakeside Marina.
REQUE'�ST,,FRO4 :" Mayor'%.Stock asked C,ity'Planner Graser fih the request. \�
AIM I DIA- LAKESIDE
F Mi1RINl1 City Planner Graser stated that he had, nspected Lakeside Marina•to deter' \\
�i mine if -it was in compliance w h the Zoning Certificate that was issued.
His findings were ,that ,there ;was boat and trailer storage in a non - designated v,
� storage area, fence was not complete, driveways ah pa'rking' areas were to be
blacktoppedand were not done as of today and one Zoning Code Violation,
refuse container Was�not screened or on a concrete base. Mr. Dunn had
paanned on being present at this mmeting, but City Planner Graser was informed'
that he would not be abl attend prior to the City Council Meeting tonight:;
City Planner Graser further stated that an ordinance violation notice was \
issued to Mr. Dunn on Jury 14;'1982, Mr. Dunn stated in a letter to-Cityr
Planner Graser, that he had not received the violation'notice until Jul \
1982. i
- Mayor Stock.asked for Council's comments-.
Councilman Thorkelson asked how many''changes Mr. "Dunn `has complied witb.� .,
` City Planner Graser stated that none of the changes that were talked about
have been made. He further stated that Dunn is under the impression l
that he. has 15 days from Ju 23, 1982 to comply;. since he had - not receYved
the notice until the 23rd. !
Councilman Thorkelson then asked if Mr. Dunn planned on complying with the
'{ violations except for the pavtang and what is his reasoning for riot paving
the parking area. s
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MINUTES of
the Proceedings of the City Council of the City of Prior Lake i the County of
4. Scott and State of Minnesota, including all accounts audited:by said Council.
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City`Planner Graser stated that he does plan on complyin=g and from 'what he
understands, is that he had the retaining wall between his use and the adjacer
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townhouse use contracted out to a contractor,`now the retaining wall is
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shifting and is starting to collapse. There is also a problem w ith the sewer
line, the .way it is installed. Mr. Dunn does. not want td'" put a p ilot of ,money,
Into blacktopping - and paving if for some reason it would have tube torn up
again at a later date for repairing the retaining wall or sewer line.
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Councilman Busse asked if Mr. Dunn is asking for another 15,day Extension._
City Planner Graser stated that the letter sent was not certified and that it
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could have been 'lost in the mail. The violation notice was signe.'d July 14, 1982
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and mailed the same day. In his Getter he states that he had not received thq
notice until July 23 1982 giving him until August 7, 1982 to= `co(�ply with theJ
violations. City Planner Graser further stated that some of the boats and.
trailers have be'en-moved from County Road 21.> I` 4
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City - Manager McGuire stated that in regards to Councilman Busse's �iuest ion
,_he
was under the 'impression-that Mr. Dunn was
P going to be present th i ,, evening to
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explain exactly what it was that he was asking for. City 'Manager McGuire's
understanding is that he will comply with all'the issues except foj' the actual
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paving, he is asking for an extension until the IidJgation is resolved on the
retaining w a l l and the'
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Mayon °Stock asked`i, th6 audience had any comments.
Mr. Rollie Thieling' if temporary dust control could,be done ur"tII
the
.driveway and park ng are blacktopped.
City Manager "'McGuIre stated that Mr. Dunn.had told him that he, has, applied some
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form of dust control a teady:,
Counci 1 man Watkins asked if the, sewer l i n e is in any way, a' pub I•'i.c .safety hazard.
City Engineer Anderson stated that to his'knowledge`it was not.
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Motion.by Watkins that the City Council direct Jim Dunn to comp Lete.as he
stated in his. letter the items of violation. The boat and trailer storage,
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„complete ether. fence and place-the refuse container on a concrete base and screen
;it also that a temporary dust control be ;compl:eted by August.7th. City, Planner
� Graser then make° an, ,inspection Band Eto report back to the Counci I Also to ,grant '` F
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to Mr. Dunn the extension for the paving of this; roadway until November 1, 1982
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at -which time if it Is not compiete`he would have an;opportunity.to present his
case
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to the - Counci , seconded by Busse and upon a vote taken it was 'du lIy
passed.
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Councilman:Watkins added,to the motion that.,this be delivered to Mr. Dunn" in
person and 'raceipted for..
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C'ANTINATION
Mayor Stock then cable stated that the d the continuation of thdcJ im.r6erg<Road yacation,Public
Hearin g to order. He
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� • p urpose of the coat i;nuat i on was for Staff
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and the neighbors to review the public access` with al ernatives for the access.
PUBLIC _
City Manager. McGu i;re reviewed this. . He stated 'that Mr. ,Berg contacted Staff
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l ast week and raquested'that this application _be,'w.ithdrawn,until such time that
the,,neaghbors
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can decide w at they would like:to do with the 33' strip''of land.
Staff's recortmendation is f -all that the.Council aLlow`'Mr_Berg to with-
drawl
the request; sbcondly.,thaf the City delineate the 33" strip of land by
urvey thirdly�,to make a'winter access „oniy out of the 33' strip and fourthly
to have the City or -the .Sportsmens Club make minor improvements to the access'
and close i off completely in the summer except for canoes or a walkway for the
neighborhood.`
iCo4ncilman, asked if it could be posted that there is parking arkin on.one side -
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City Manager' McGuire stated that yes it 9 would be allowed to have parkin on
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one side, /If the neighborhood is unanimous in wanting it posted one side.,only.
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Mayor Sto asked-if Mr. Berg
g present. He was not. Mayor Stock then stated
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that base'd on the fact that it was "the petitioa.of Mr. Berg, we would entertain
a motiow to accept the withdrawal of. Mr. "Berg's request,for the road vacation of
the 33' ; str i p.
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MINUTES
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.
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Motion by Busse to accept the withdrawal of the request for road vacation,
seconded by Thorkelson.
A member from the Sportsmens Club stated that the club had an improvement
plan for the access. The plan is to improve the access so that it could
be used in the wintertime without disturbing the land or the neighborhood.
Mayor Stock stated that Staff's recommendation is that the City esf'abIIsh
or delineate the 33' access by survey. Then improvements be made to the
access via the City or the Sportsmens Club, for now Mayor Stock called
the question on the withrawal`. n:
Upon a vote taken it was duly passed.
Mayor Stock then stated that discussion relative to the use of the access,
was brought up, being that 'it is a designated access that the City should
delineate via a survey of the access and upon that completion, an improvement
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plan be submitted to the Council with the type of uses that`wouid be proposed.
for_the access. Also that an informational meeting,with the neighborhood be
held so that everyone would understand what the ramitfications are..,w..
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Motion b Thorkelson to have an improvement Ian sub m i
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based .on what Ma or Stock had mentioned seconded b Busse and upon a vote
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taken it was dul .passed.
Mayor Stock stated that•the^ date for the informational meeting will be
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,announced.
Next item on the agenda was to consider Sand Pointe P.U<D. Mayor Stock - aased'
S" PO NTE
City Planner Graser to•review for the Council the proposal:.
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P .U.D. o
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City Planner Graser`.stated that the developer, his consultant and himself
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have out`I i ned the -deve i opment p l a n and the pre f i'in i nar.`y development plan
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approval. The developer is requesting a'P.U.D:'and a;replat of this area
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for 87 single family lots. The primary ^reason for this P.U.D. is there Is
a variance from the minimum standards in the build ng'code. Basically those
standards are lot 'size and set backs. The min'imum size to code is,,,
10,000 square feet. The developer is asking fora reduction..of that to.
8,400 square feet and 11,800 square feet on the,averaje. He is also asking
65 feet for Internal ots 80 feet minimum for corner lots. Side yard set
,and
backs according to the zoning code i feet, the developer `is asking for
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feet' between homes and she '`s i dew property. I i ne with 5 feet" between `garages
and the side property 3;ine. The density that is requested.'is 87 single
fami I �un +s =wh i.: incomes` to 3 units acre, therefore` `i t is w i 11
".within
� outt per
ttie range of the Comprehensive P,Ian and also S reducing the overall
density as- approved previously. The developer'is' also requesting that he
be allowed 25 %'of the development not to include",garag6s,4"therefore, 75%
`of the development, will have attached garages. Minimum- living "•space for the
ingle home will be 1000 square feet, they wl,ll'`,elther be ramblers or;
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splits: Planning Commission held a public hearing on "July 29, 1982, motion
from the minutes read as follows: "Motion by Foster to approve the Replat
of Sand 1 1 P:U.D, with °the stipulation that Outlay C and G ,t
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remain designated as parkland with a satisfactory review of the building h
design at the time that the design is presented and the elevation of the
housing units meet the requirements and that not more..' -than 254 of the houses
be build without garages, seconded by Felix and upon;a vote taken it was duly
passed.
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Mayor Stock, Vben asked for comments from the owner or the representative.
Mr. JiK Hili, spoke as the representative for Almacy Inc. He reviewed what
the developer proposed for the P.U.D. He also stated that the minimum
finsiched square footage would be 960.
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Mayor Stock asked if Mr. Hill and the owner of the 'property accept the f,
Planning Commissions recommendation,
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Mr. Hill stated that the...oni area e wes in the motion , it sta ad design and
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they have el =evations. fhe builders know the market place and he did not feel
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tha should have the respons'ib,ility to determine where the bathrooms,
bedrooms and etc. ,should be. �
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MINUTES of
°
the Proceedings of the City Council of -e City of Prior Lake in the County of
Scott and State of Minnesota, including all accounts audited by said Council.
Mayor Stock then asked about the 25p without garages that Mr. Hill had
indicated or requested, would the lot plan show that there is the availabil.it �<
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to build a garage and that there is substa,Atial room on that particular side,.,:
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of the house so that there will not-be a variance needed.
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Mr. Hill stated yes there would be and that it can be stipulated that the house
will be built accordingly so that garages could be built attached or dettached'
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on those lots.
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City Planner Graser stated'that there was one thing the Mr. Hill had brought
up which was different than the application. The application that he had .
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received for the P.U.D. stated 1000 square feet of living space and Mr.=Hill
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is stating 960 square feet.
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Mr. Hill stated that the three builders that they are talking to, is proposing
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a 24' x 40' r which is 960 square feet.
There Was discussion by Council.
Motion by Thorkelson to approve the replat, outline development and Prelinimary
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P.U.D. approval for Sand Pointe Phase 1 as per the Planning Commissions recommend -
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ation to the Council and to delete the design from the Planning - ,Commissions
motion, seconded by Busse and upon'a vote taken it was duly passed.,!
The next item on the agenda was to consider the oiling of Crest Avenue: Mayor
,,. OILING OF
;Shock asked City ,Engineer-Anderson to comment on this.
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CREST AVE.
City Engineer Anderson stated that Crest `Avenue was bladed last week. The cost
!for oiling Crest Avenue from Shore Trail to CSAH 42 would be $750.00. With
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park season traffic coming to an end he did not feel it was necessary at this
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Councilman Busse asked if we had our own equipment to put'dowri Chloride on the
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street. "He then asked if it would,be feasible to go from the,'entrance of the
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park Qbout 60 feet.
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City Engineer Anderson statedth&•we•could, but it would basically cost the
same as for oiling.
iNayor' -Stock stated that there is sfi l l a lot of use at the park. The neighbors
were not asking for any oil dovm their streets. The area would be the stretch
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starting from inside the park,and going at least 300 feed "north of•the entrance
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Mayor Stock then directed Cit Engineer Anderson to apply oil as sugguested by
the'CouncI'l.
Mayor Stock then stated that next year the Council might want to consider-
Pike Lake Tr: there Is•a recreational use out „on Pike Lake with high density
traffic on weekends. This area would need some type 'of dust control. Through
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an 'informational meeting the Council should inform the residents in the area
of their options.
MORITORIUM
Mayor'Stock asked City Ma "nager to comment on the moritorium that the City
- adopted.by
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RELATIVE T0=
resolution relative to the Indian Reservat "ion.
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IINDIAN RES'
ERVATION. '
City'Manager McGuire stated.that he`has talked with several, people including
v the City Attorney ' and the Metropolitan Council_ Attorney and ba on those'
conservations he makes the following recommendation. 1) Continue to pursue the
Metropolitan Significance Review. 2) Repeal Resolution #78-23, A resolution
pertaining to the policing and /or prosecution within the Indian Reservation. 3)
That we negotiate a satisfactory Police and Fire and Rescue agreement and 4) That
an agreement be worked out that protects the integrity of the rural area surround -
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ng the reservation. This should address otential
p problems related to; vandalism
sanitary sewer and water and streets. If at that point we are satisfied with the
result that we pursue no further action.
Mayor Stock stated that the Metropolit'ian Significance Review has'''been sub-
mitted by resolution and that no further action can be taken at,this °time, the
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next item is to repeal Resolution 78 -23, if the Council so desires.
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Motion; by Watkins to repeal'Resolutioh 78 - 23, seconded by Thorkelson and upon
a vote: taken it was duly passed'.
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MINUTES
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
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yy said Council.
City Manager McGuire stated that basically the same policy would be
pursued, but the resolution would prevent us from talking with the
representatives of the reservation.
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Mayor Stock stated that he would like to make an additional comment on
the negotiation of a satisfactory Police and Fire and Rescue Agreement.
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First the City direct and authorize the City Manager, Mayor and legal
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staff to be the negotiators for the City of Prior. Lake for the ,reservation
RESCUE AGREEMENT
that we request that it would be the Business Council. Then to adopt the
INDIAN RESERVATION
City Manager and Mayor to work out those agreements.
Counc ilman Watkins asked if there should be a time frame on it.''
Mayor Stock stated that both parties would want to act as quickly as
possi
Motion by Watkins to au'%,horize the Mayor and City Manager to meet with
the reservation official's and to negotiate an agreement addressing the
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Police,.Fire & Rescue and the rural area, seconded by Busse and upon a vote
taken,it was duly passed.
Norman Crooks asked that Chief Powell be included in on the proposing of
the agreement.
Mayor Stock stated that`he would be used for the police end of 'it.
Next item on the agenda was to consider establishing a moritorium on
MORITIORIUM ON
houses being moved into the City. City Planner Graser commented - on this.
MOVING HOUSES INTO
' THE CITY
There was discussion by Council.
'City 'Planner Graser stated that this has been included in the new Zoning
Ordinance.
Motion by Watkins to approve a moritorivm on moving houses into .or within
'the City until the new Zoning' Ordinance has been adopted, seconded by
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Thorkelson and upon a vote takeh it was duly passed.
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Th4 next item for discussion.was to,set a date for a public hearing for
Bill Bissonett — Road- Vacation.
Mr. Bissonett stated that this request was for Jeri McGuire not'for
himself. The requested date is August 23, 1982 at 7 :35 PM.
REQUEST FOR PUBLIC
Motion by Watkins to. schedule a Public Hearing - the purpose of Road
HEARIN(, SRI McGUI
Vacation, to be held on August 23, 1982 at 7:35 seconded by Busse and
ROAD VACATION
upon a vote taken it was duly passed.
Mayor Stock asked for comments from the Cable TV Committee.
Mike Saarela and Guntis Kupers stated that there was two requests from the
Committee. 1) That they continue the Citizens Advisory Committee. 2) That
CABLE TV COMMITTEE
the Council authorize the hiring of Attorney Tom Kranton , for 10 -'15 hours"
of legal assistance at $60.00 an hour.
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There was comments by Council.
Motion by Thorkelson to approve the recommendation from the Advisory
Committee to extend the organization of the committee, seconded by Watkins
and_, upon a vote taken it was duly passed.
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City Manager McGuire stated, that after talking to Barry Meyer it :does seem
necessary to hire an attorney. He recommended that the Council authorize
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the hiring of Tom Kranton.
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Motion by Watkins to authorize the City Manager to enter into a contract or
agreement with Tom Kranton for the RFP, and that it does not exceed the
amount_of $900.00; seconded by Busse and upon a vote taken it was duly
passed.
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MINUTES
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.
The next item on the agenda was a letter from Don Rippentrop protesting a
ticket and towing charge that he had received when he was parked on Vale Circle k
LETTER FR
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Police Chief Powell reported on the reasons for towing of the vehicle.
RIPPENTR
Council and Staff had questions and comments.
City Attorney Sullivan also had comments.
Motion by Thorkelson that the City take no action towards the ticket or the
towing charges, seconded by Watkins and upon a vote taken it was duly passed.
City Manager McGuire commented on the letter from City Attorney Sullivan regarding
Harold Dellwo's House Boat. He stated that the judge found-our ord'i`nance intact:
HAROLD
However, it did not apply to Mr. Dellwo because he had been living there for a
DELLWO'S
number of years prior to our ordinance. The City has appealed it because supposedly
HOUSE BOAT
the City had issued a permit back in 1975. City Manager McGuire stated that he
did not know where that information came from. There is not.record of a permit
being issued.
Councilman Watkins stated that he had received a letter from Mr. Leonard Brooks,
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speaking on behalf of Visions VIII. He commented on the public access problems
that the City is facing. 4
City Engineer Anderson stated that on Project 82 -11, Curbing on Pleasant Street,
PROJECT
t are two property owners that would like to be added to the project.
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82 -11
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/Motion by Thorkelson to approve the waiver of public hearing for Wallace Langhorst
and RobertLeMay and that they be added to the project, seconded by Watkins and
upon a vote taken it was duly passed.
City Engineer Anderson then commented on Project 81 -2, Gateway Storm Sewer. Gary
PROJECT
Hanson would like a.five year deferment- in return for signing the easement.
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81: -2
Motion by Busse to grant a five year deferment to Gary Hanson. The deferment will
expire when fee ownersnip is transferred or upon issuance of,,a building permit which
ever occurs first. Seconded by Thorkelson and upon:aVote taken it was duly- passed.
Motion by Watkins to adjourn, seconded*by Busse and upon a vote taken this meeting
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was adjourned at 9:35 PM.
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Michael A. McGuire
City Manager .1
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