Loading...
HomeMy WebLinkAbout07 05 1983J - 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. dam" July 5, 1983 The Common Council of the City of Prior Lake met in regular session on Monday, July 5 1983 at 7:30 PM in the City Council Chambers. Mayor Stock called the meeting to order. Present were Mayor Stock,;Councilmember Schweich, Scott, Thorkelson, City Manager McGuire and City Engineer Anderson. Councilmember Busse was absent. Mayor'Stock asked everyone to please rise for the pledge of allegiance. The minutes of June 27, 1983 were reviewed. The following corrections are to be made to minutes of June 27, 1983. a PAGE 1, PARAGRAPH 15: DELETE being sent out for bids. PAGE 2, PARAGRAPH 8 DELETE proposed that ,S INSERT at { PAGE 3, PARAGRAPH 13: DELETE 1983 INSERT 1973 , PAGE 4, PARAGRAPH 1: INSERT estimated PAGE 5, PARAGRAPH 1: DELETE is was indicated that INSERT as indicated Minutes $ Motion by Thorkelson to approve the'minutes of June 27, 1983 as amended and the invoices list of invoices that are scheduled for payment on July 6, 1983, seconded by Scott: and upon a vote taken it was duly passed. Mayor Stock then read for the record a letter regarding the minutes of the,,.,* June 27, 1983 meeting from Lucy. Griffith Hobert. Mayor Stock then stated that the legal record of the meeting is the tape, and that this is kept on file in the City Offices. If anyone wishes to listen to the tape they are welcome g to do so. He further stated that the minutes that are reviewed by the Council and are available to the public is a summary of the meeting and the motions that were 'made at the meeting. The next item on the agenda was to consider the "NO WAKE" Ordinance for Prior Lake. Mayor Stock stated that he wanted to give a brief statement as to what, prompted the Council to request the City Attorney to draft the proposed ordinance. He stated that as everyone is aware that lives in the•Prior Lake area, that we have had a significant amount of rainfall which exceeds today at approximately 17 to 18 9 ' inches over the normal We have had a 100 year storm as far as rainwater runoff In concerned and we have experienced at this time a lake level at about 905.4' above sea level. With that we have hadVapproximately 30 to 35 homes that are in ° a state,-where if we were to receive additional rainfall or strong or high winds, Will definitely place their homes in jeopardy. These speed limits or "NO WAKE" is to prevent a human element that is a part of all of this. The people over this j past weekend, on both the upper and lower parts of the lake, in homes that are in trouble along Northwood Road, in the Vale Addition and many other areas. The,_ Council does not have the authority over the outlet that was constructed by the Prior Lake /Spring Lake Watershed District. The Council does have authority over the speed zoning on the .Lake of Prior Lake as the City has the corporate boundaries kj of the entire shore line of Prior Lake. We can not include the Lake'of Spring Lake, because it is not in total area of the corporate;boundaries.of the City of Prior Lake. At this time we are proposing to amend a section of the Prior Lake City Code, which is section 9 -3 -6, Regulating the Speed on Waters within the City of Prior Lake. He further stated that this Is in reference to times of high water elevation such as we-are now faced with.. He then read the ordinance. Mayor'Stock,then stated that if the Council were to adopt this ordinance it must be submitted to the Department of Natural Resources for their final approval. The,DNR has indicated that it would take five days to y process this ordinance i= through their offices. He then asked for comments from the floor. t w There were many questions and comments from the audience directed to the Council and Staff regarding the lake elevation and the proposed amendment to the ordinance. County Commissioner Mark Stromwall stated that he had a conversation with the ; Count Attorney, and in her opinion the Sheriff of Scott Count is without author - County p y ity to enforce a City'Ordinanceron Prior Lake. There are regulations that allow �- the County to adopt an ordinance for application County wide, which empowers the Page 1 • 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. Scott County Sheriff's Department to erfoece it. If this is the desire of the City to pass a resolution forwarding an ordinance to the County, the J County would act on it. This would be in the County Attorney's opinion a 3 week delay. City Manager McGuire stated that the Sheriff's Department has been enforcing Prior Lake City ordinances for the last 6 years. The City Attorney does not share that view, that once the lake is completely surrounded by the City, It is then the City's jurisdiction to pass such ordinances. Mayor Stock then stated that in the past, in regards to the patrolling of the t lake, there was an agreement with Scott County, somewhat like a mutual agreement between the Sheriff's Department , Prior Lake Police' - Department and so on, that each other can enter into jurisdiction and uphold the laws whether they.are County, State or Local. When the total boundaries became part of the City of Prior Lake, it was his understanding and the - agreement that we did have the County. If something has changed this, he stated that he was totally unaware of it. Commissioner Stromwall stated that this was only a conversation that he had with the County Attorney. There were other comments and questions. (The legal record, the tape from the meeting will be kept on file in the City Offices.) Tim O'Laughlin, Scott County Civil Defense Director, stated that he spoke with Mr. Gene Gier from the Department of Natural Resources, and he gave the permission to close all public and private accesses'.' The'main concern of the comments that were made, was that everyone has to cooperate, work together and realize the problems that the entire City is facing. This problem.needs everyones help. It was requested that the ordinance specify a high water level.- Mayor Stock then closed to the floor thii portion of the meeting and asked the 2 Council for their comments. He asked that before this discussion, on the basis of the remarks that were heard, it was his recommendation that in Section 9 -3 -6., High Water Speed Limitations, should read as foliows•_,;During` periods of High Water, 904.0' or greater, the City Manager may in his discretion upon the recommendation of the Law Enforcement Officer impose reduced speed; -no e` , i w and /or closed throttle restrictions upon the operation of any motor boat, s,•.;ed _ r boat or any vessel under power on such waters within such areas that he _ may specify. With.that_he' opened the discussion to the Council. = Councilmember Scott stated we are not passing this ordinance just to protect 35 homes, we have a lake to protect. Everytime a wake goes up there we are ; eroding our lake. It's not just those 35 homes, if we continue to go on, we're not going to have a lake worth anything. Mayor Stock asked City Manager McGuire to respond to the authority under the Minnesota Statutes. City Manager McGuire reviewed Minnesota State Statute- 459.20, the Authority ovei"Public Waters. This statute gives the City of Prior Lake the authority to adopt the ordinance, if�Jhe County choses not to enfore it, that may be another - issue. Councilmember Thorkelson stated that what we are doing is legislating neighborliness and common courtesy, . and that is what we are dealing with in this situation. This applies to everybody, not only homeowners but anyone that launches ac.boat on Prior Lake. He further stated that he supports this ordinance, but we should remove the recommendation that states °that the 1•- enforcement agency will make a recommendation to the City Manager, a diff r� situation, this is probably where the County Attorney is having a problem with this ordinance. Councilmember Schweich stated that he agreed with many of the residents.; He further stated that he agreed with Council's feelings, that we should get together and try and solve our problem on the lake with the wave action. There is alot'of damage being done to the lake. N Page 2a. MIAUTES 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. - Mayor Stock then stated that on Councilmember Thorkelson's suggestion that Section "B" would read as follows: During periods of high wate"r,, 904:0'..or greater, above mean sea level, in waters within the City, the City Manager may, in his discretion and upon conferring with the appropr ate authority,, impose reduced speed, no wake, and/or closed throttle rests tions upon the operation of any motor boat, speed boat or any vessel under power on such waters and within "such areas as he may specify._' Ordinance "Notion ,by,Thorkelson to adopt the ordinance arw3nding the Prior Lake City sec. 9 -3 -6 Code,.Seetion 9 -3 -C Regulating the;Speed on ;raters within. the City of Prior Lake'to read as discussed, seconded by Scott. o ayor�$tock stated for the record, this ordinance will be submitted to the DNR for their approval and we will also submit it to the Scott County Attorney , requesting the Scott County Board to also enact the ordinance, and also that the City Attorney confer with the Scott County Attorney's Office in regard to the enforcement of the ordinance that we just adopted. Councilmember Thorkelson stated that he did not feel that we should have to send this ordinance to Scott County for their approval, if we do it for this one we will have to do it for all others that regard the.lake. Mayor Stock ;stated that it would amended to Councilmember Thorkelson's request. He then called;.the, question on the motion and upon a vote taken it was duly passed. A resident asked "how he and other people could get their boats off the lake. Gordie'Gelhaye stated that if they would call him, he would assist in getting, the boats of the lake. Mayor Stock asked Tim O'Laughlin, when this ordinance is approved by the DNR, could•we.recf st that he ask for the removal of the restriction of closed a -acce: Civil Defense Director O'Laughlin stated that yes this could be done. \` Mayor Stork then stated for the record that upon receipt of approval from the DNR, that'the.City Manager contact Tim O'Laughlin so he could request the ^ of removal the closed accesses. There was further discussion. Mayor Stock stressed that until this ordinance is approved by the DNR, the presen or existing ordinance will remain in affect. Mayor":Stock thew called a 3 minute recess. Mayor - Stock called the meeting back to order. The next item on the agenda was to review Change Order #3 for James 1st Addition. Mayor Stock asked City Engineer Anderson-to review this for the Council. City Engineer Anderson stated that he presented the Change.�,order at the last meting. There was a problem with the closing of the berm,,,,due to concern with a, possible liability to the City in case the stbrmsewer would backup-and there was not ,a secondary overflow. He further stated that.he had contacted Mrs. Allen Mix and discussed the problem with her., She had indicated that iven after the 4 inches of rain they would still like to see the berm closed. After talking with Charlie James, the of James lst Addition, he also felt that thei,�swale should be €a filled in between the lot line. op r , There was general discussion-by Council and Staff. N -4 order �3 Jar"rs. 1st Od # Motion by Schweich to approve Change Order 3 for James lst Addition as reviewed °. " by City Engineer Anderson, seconded by Scott and upon a vote taken it was duly passed. Mayor Stock then asked City Manager McGuire to review the Prior Lake Bowl's request for a Liquor License. : \� City Manager McGuire stated that the Liquor Committee met on June 30, 1983, at r , this time that no action be taken by the Council until further infor- mation ovided. y page 3 k MIOUTES of the`'Proceedings of the City Council of the City of Prior Lake in the 0� County of Scott and State of Minnesota, including all accounts audited by said Council. ?. Mayor Stock asked if there was any other business that need to be taken care of. Councilmember Scott commented on the concerns about the public accesses being closed off, not feeling that it.was fair if the .rake residents were able to still use the lake. o I Mayor Stock stated that the question of the,u of the public and private i. accesses at this point Is under the Deputy Commissioner of Natural Resources and will not be able�'to be changed our ordinance is in effect. ; until Councilmember Thorke son asked if there was -a if it could be ; possibility published -- inGahis weeks paper. Mayor Stock stated °that next'week was the earliest. Councilmember Thorkelson then commented on having; to submit ordinances regarding j the lake to Scott County for approval. , .a Thera -was general discussion by.Counc °l'and Staff.. q Mayor Stock asked that City Attorney Kessel bemeontacted regarding the requirements. ° U4 Manager McGuire, that there was another item under the Minnesota Statutes °that Instructs the County Sheriff to enforce such other things that the Commissioner of DNR shall prescribe, so if the ordinance by the DNR, then again it would be enforced. Mayor Stock asked what section that was under. o City Manager McGuire stated that it was 361.4!♦ "Duties of the Sheriffs, Cons- ervation Officers and County Boards". The other statute was 459.20. •, Mayor Stock then stated that if it is adopted by the DNR it is" rt of the State regulation., 4 � Councilmember Schweich stated that Hr: Colucci was in the audience and he had brought up the question regarding, the paving of Lakeside Avenue. Fs ; ' _ o y Mayor Stoc ; stated that•the Council will hold,ar public on Pain r�r hearin g g a Stormsewer f r lakeside.Avenue this sun�er He encour ged a Mr'. Colucci��o' a to tha9:.meet g;, Q as -' There further discussion by Council and\ „Staff., Mayor.Stock then announced that a meeting is 'scheduled ".:for•�uly 22, 1983 t #. 4:00 PM ".xin "the City Council` Chambers. _;4 meeting is regarding flood- insurance and the QNR and - .members from the .Federal i`lood inslrrance' Praram wi1`1"' be present is .- 1 to discuss flood insurance. a There ,was further discussion re th`ec1' sin ^ `uf `the accesses. 9 g p g s,• Mailis Bluiaiked about the sandl a in' ! =the ift�, / gg g l stations. • Ediner Duoosxwanted to commend the .City of, Prior Lake on what they have done to � help with the . flooding of his property. 6 a With no,,other comments, motion by Thorkelson to a�jcwrn, econded by`Sc'ott.,and 'adjourned, upon a taken this meeting was at -9'33? PM'. , o p „ • I Michael A. McGuire n " City` Manager Ip, it '..n „ , . ,j ,• ... ., :i a J I 7 � Page 4 I� '"'k" � ++�a•,'rse;y, '* �� `�r(.:,.i� �knra.%.0 flt^`°" , ._»+..—. , ti...•.. r. aa. rL--- "'- ..m— ..tt,........... i !