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HomeMy WebLinkAbout08 01 1983MlNUTES 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. August 1, 1983 The Common Council of the City of Pricr Lake met in regular session on Monday, August 1, 1983 at 7:30 PM in the City Council Chambers. Mayor Stock called the meeting to order. Present were Mayor Stock, Councilmembers Busse, Schweich, Scott, Thorkelson, City Manager, City Engineer Anderson, City Planner Graser, t Finance Director;,Teschner, City Attorney Kessei and Council Secretary Menk Mayor Stock" -, asked everyone to please rise for the pledge of allegiance. The _minutes of July 25, 1983 were reviewed. }, Minutes A Motion by Busse to .approve the minutes of July 25, 1983 as submitted and the invoices list of.invoce3 scheduled for payment on Tuesday, April -2, 1983,`seconded by , Thorkelson and upon a vote taken it was duly passed. The next Item on the agenda was the 1983 Budget Analysis Summary for the 2nd Quarter. Council reviewed thin. Mayor Stock asked if there were any questions regarding the summary. ' These ,were none, ° 1983 Budget Motion by Scott to approve the 1983 Budget Analysis Summary for the 2nd Quarter analysis 2nd as submitted, seconded by Thorkelson and upon a vote taken it,was duly passed. r quarter. Finance Director Teschner then reviewed the Management Letter from George M. Hansen, the City Auditor.- This was reviewed page by page. There was a general liscussion by Council and Staff, The North Side Sewer and Water Project Staff Information Presentation was the , on the agenda., Mayor Stock asked City Engineer Anderson to review 3 . o� :next-ttem the,�alternatives that have been discussed with the neighborhoods during the r V 6 neighborhood meetings and report back to the Council. He: further stated the 5 public . for Project 82 -3:was held on June 27, 1983.• The purpose of ' this. `meeting is to reiterate the alternative soluti that may have been developed with the individual neighborhoods: He then asked City Engineer Anderson to comment on the alternatives. City Engineer Anderson used the projector to show the areas where .the project would go through 'OnZ the various alternatives. He pointed out streets that the line would go under and referred to the feasibility study that was done on the project. The various routes were discussed. Mayor Stock thanked City Engineer Anderson-and asked if there were any questions ' - .or comments, from, the audience. Mr. Mark Ticen stated ;that he was not a resident of Prior Lake, but was represent- ing a group of the residents. He stated that based on subsequent developments and information _that the homeowners have received after the June 27, "1983 Public Hearing, these !residents have questions and comments. He`asked if the 1' Council would recognize these homeowners for that-purpose.' Mayor Stock asked City Attorney Kessel to respond to Mr. Ticen's comments; City Attorney Kessel asked.if•the''responses were to the alternatives,. Mr. Tic stated they., were in response to the alternatives and some additional alternatives presented by City Engineer Anderson. p. City Attorney Kessel stated that ;it�would be in order, if the responses were to the alternatives. } - Mayor Stock stated that he would accept comments to the alternatives that City Engineer Anderson had reviewed this evening. He further stated thtt the Council can at this time take on the design of the project at this meeting, if the neighborhood's that wish to discuss alignments of the Sanitary Sewer and /or Water, 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.,,,i.1 �. 4 would be done on an individual basis by contacting the City Engineer and having these homeowners associations meet at the site with the engineers. - Mr. Ticen then asked if the City Engineer had met with one of the home- { owners, Lloyd Bergren. City,.Engineer Anderson stated that he,had. a " Mr. Ticen then asked if the presentation included information that was discussed with Mr. Bergren. City Engineer Anderson stated that it did.'�'He further stated that -it was presented on the second map, he had stated at that time the lift station ,s route would be considered verses the gravity route Mr. Ticen then stated that this 'is an example ,of one of the areas that ° would liked to be discussed. Mayor Stock stated that it was indicated by City Engineer Anderson that it is already taken into consideration and through the:Consulting Engineer ,' Firm OSM, they are reviewingthat data currently.# ; Mr. Ticen then stated it was their concern that the Ci Council be i ; ' aware of all the alternatives. c • sw , 'i Mayor Stock stated that he would except any additional information relative` to City Engineer Anderson's presentation. Mr. Ticen stated that he would introduce the residents that would.like to make comments. He then stated•that alltheresidents are concerned, because they feel that the Council's action regarding Project 82 -3 disregards certain environmental concerns. Furthermore, they are concerned because they feel that thetouncil's action is inconsistant. with the" City's :Comprehensive. Ptan. He then stated hat Mir. Lloyd Bergren would give a presentation on the altervative locations or the alternative routings for the project, Randy -Dowd, discussing the impact of the current plan on the Comprehensive Plan, Gloria Cushing on the Environmental impact of the various alternate routes. ' City Attorney Kessel stated that the request of Randy Dowd is not keeping within the, limit purpose of Mr. Ticens presentation. This would be gettl back to the public,hearing which is already closed. x . Mr. 'Ticen stated that he (Randy Dowd) intends to get into the route t} questions, but as,,,they have an impact on the Comprehensive Plan. ' c i . Mayor Stock stated that he would have to agree with City Attorney Kessel's 4 comments. The issue. tonight is to discuss the alternative routes that the City Engineer met with residents of the neighborhood He further stated the request on the environmental impact is a question that is to be dealt <with a formal and documented - method bi the .Consulting Engineering Firm p i OSM. Mr. Lloyd Bergren then made his presentation on,3 alternate routings and a` �., -different cost saving materials. Mayor Stock thanked Mr. Bergren for his comments and stated that he could be assured that the City Council and Engineer wtll review his statementsand - it will be given consideration on the environmental worksheet that will be filed on this project. r' Mr. Randy Dowd stated that he would like to save his statements until j another point and at which time address the issues through the „proper channels. Mrs.- Gloria Cusing then commented on the environmental impact that the proposed 'routing. would create. ,, y Page 2 t, 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. } r Mayor Stock thanked Mrs. Cushing for her presentation and stated that her comments will be given consideration by the City Council and City Engineer Anderson. Mayor Stock then asked if there were any other comments or questions. 1 Mr. Grant Merit asked the Council if they were aware of a letter from the Minnesota Pollution Control, and further asked about the EAW. Mayor Stock deferred Mr, Merit's questions to City Attorney Kessel. r z City Attorney Kessel stated that the letter had been reviewed by himself and City Manager McGuire: He further stated that City Manager McGuire had discussed it with the author and we feel that we are in full compliance with the law in f. respect to this project, Mr. Merit had further comments. Mayor Stock asked if there were any,other comments or questions. There were many questions from concerned residents. (The recorded tape is the legal record of the meeting, this will be kept on file im the City Manager's Office). f ;f A resident asked why they were not notified of the Project 82 -3 Public Hearing :that was held on June 27, 1983. C 1: Mayor Stock stated that this project has been thought out by Staff and Council , it shows the needs, impacts and other in great detail the City's Five Year, CIP' Public Hearings are held where each resident is notified of the hear - ings. The{Scott County Tax Roll is used`'for finding the various residents when notifing of these hearings. He further stated that we have found that some residents have not received their notifications, however, these notices come back.to us: and are placed in a dead mail file, and every effort is: made to try ,and'contact people. The Ci makes every effort to.notify re sidents of any projects that will take place in their neighborhood and also of ;what is on Ci'ty,Council Agendas. There was further discussion by Council and the residents. Mayor Stock stressed that there is a whole series of things that have to take p4ace before the actual of any project. The plans are in -no means „construction drawn and set in concrete, The Engineers have now been.given the authority to proceed. In other words we; have ` stated to them that the project is 'feasible ;f. and with working with the neighborhoods a routing could be established and then. their -are- prepare the final plans. The specifications would document ' these final plans and they will be brought back after more neighborhood meet - ings', "to the Council for final approval. If after all this the Council approves the final plan's, the next step would be to advertise for bids, securing easements, and ff everything was t;�.go smooth we would „look`at the construction time frame to be some „Winter; >type work, wi,th most of the construction being in 1984: „ There was further discussion. Mayor Stock thanked the "residents for their comments and questions and continued on with the scheduled agenda items. The next item�ton the was the Hans Hermanson Variance Appeal. Mayor Stock asked City Planner Graser to review this for the Council:. City Planner Graser stated that the applicant has decided to comply with the Planning Commission ''and has.withdrawn his request. Mayor Stock stated for the record that Hans Hermanson withdrew his request for i the variance appeal. The-next item on the ;agenda was the continuation of the Bill Otting'House Move. { City Planner Graser reviewed the Planning Commissions recommendations and;, s ' contingencies for the approval of this house move. Page 3 s4 MINUTES of the Proceedings of the City Council of the City of Prior Lake in the t County of Scott and State of Minnesota, including all accounts audited by said Council. z - Mayor Stock asked City Planner Graser to mark the driveway and drainage plan as Council.Exhibit "A" with todays date. Mayor Stock asked Mr. Otting if he or his representative had any ccmments at this time: Mr. Otting's representative stated that they did not. Jim Weni'nger commented to the Council. He reviewed a complaint and summons. that was served on Mr. Otting. He also asked about the driveway situation on the other house that Mr. Otting had moved in. ° There was discussion by- Council and Staff. �{ Mayor Stock asked City Attorney Kessel about the letter of credit which was one of the conditions that was established at,a prior meeting. This letter of credit was for the sum of $10,000.00." Thi sumwat.set so if Mr.,-Otting t did not fulfill oneor any of the conditions, the Council would have the authority to cash; the $10,000.00 in the letter of credit. City Attorney Kessel stated that the terms were set for the benefit o f the City, in favor of the City in the event that he (Mr. Otting),did not , comply with the requirements of the permit, the City could,.correct those a i ' e problems with the drawing down of the letter of credit. May Stock then asked if it would also be in order to request a bond r which would indemnify the City and any land owners that may be damaged, ` he .does not comply with;any of the conditions, 'ordinances or regulatios r. r that are hereby set forth. City Attorney'Kessel stated that the Zoning Ordinance which gives the City the, authority to impose conditions, does grant that right, Mayor Stock then asked City Attorney Kessel what his.opinion.would be for the amount, value of the impact on the neighborhood and�to the City. L Y City Attorney Kessel stated that the amount of, the bond should be determin- v : itive "of what staff would be to-the d'etramental effect to. both the City�,and the neiighborhood'if Mr. Otting does not comply with all the requirements. Councilmember Busse asked if the extra drainage would be covered,,in the �Orig.inal. ;10,000.00 letter. of Credit. a MnWow Stock asked City Planner to respond to this. City Planner Graser stated that the.drainige plan,accepted by Council is E included -ins the 510,000.00. The $10,000.00" "will include the dri;veWay, .� P'� ��grading and the replacement of the roof. Mr. Weninger askedrif this ,.was on the new house only, `City Planner Glaser stated this was for the only the new house." Mr. Mleninger asked if there was anythingfor the drainageor driveway of'the U exi -sting house. � � City. :Planner Graser stated `that i f the acceptedthi's proposal by Mr. j Otti'ng, he 'would be ties into this development scheme. There is no assurance \` ;from Mr. Ottng that he will; do what is 'proposed on`'Lot 26, on the existing .f hot�e Mr Weninger sta%�d that there is still no driveway on the existing house, so„there is still a house in violation, ' Mayor Stock asked ity Plaanner for'a� cost figure for the inclusion of 1 the grading and dr via ay consthuct on on , i ot. 26. Ci Planner Gr,p4it, stated that it would cost approximately $2,500.00 to Al cover the rost'ox the driveway, grading, drainage plan and wooden retaining " Page :a MINUTES of the Proceedings of the City Council of the City of Prior Lake in the W } County of Scott and State of Minnesota, including all accounts audited by said Council. „ i } Mr. Otting had questions and comments regarding the increase in the letter of credit. There was discussion by Council and Staff. Councilmember Schweich pointed out an error in the driveway and drainage plan. The property l,i, es show'9' and 3', they should be 7' and 5' Mayor Stock asked that the record show that there is an error in the plans r submitted and that i t shoul d be 7' and S.'. 4 Mr. Otting Motion by Busse to approve the request from Bill Otting to move the house into house move the City of Prior Lake on the basis that he complies with the conditions set forth by the Planning Commission, that the 'item dealing with the letter of credit in the amount of $10,000.00 be modified to read $12,500.00, that the condition of proof - -` of license by the State of Minnesota as a home mover in the State of Minnesota be prior to the releaseing of the permit and -that the hammerhead driveway be installed on l 25 and that 'the conditions as proposed in the driveway /drainage plan be accepted by the Council this evening, be.complied with, seconded by Scott and upon a vote taken it was duly passed. Mayor Stock then asked if there was any other business that needed to be taken care of City Attorney_Kessel expressed his legal opinion on the law suit between the .;' North Shore residents and the City of Prior Lake /Individual,s He stated that it was his opinion that the case had no merit. Mayor Stock then commented on a request from the Prior Lake'Lions Club. This request was,in letter form, which.he.'read for the record. The Club was requesting the Council to waive the $50.00 fee for the gamblingIIcense.` ,•., There was by Council and Staff. It was Counci ' ^s decision that the $50.00 fee not be waived. U. Councilmember Scott asked about the outlet. Mayor Stock gave `a brief update on the Prior Lake /Spring Lake`Outlet. , He also reviewed where the City stands with receiving the $53,000.00 grant. 0 uncilmember Thorkelson reviewed the conference on Computer,.s.in 'Government that"he and Finance Directorleschner attended. _ Councilmember',Schweich asked about the status of Cable TV. City Manager McGurie stated that the Cable TV Ordinance will be on next Monday's night agenda.,* City„Planner Graser stated he had two items to bring to the Counttl's.attention. One was regarding a petition that he °received -from Gunars and Julia Zvaners for a public hearing to vacate a section of an utility and drainage easement across t thefr..property. He recommended an end of August hearing date. Mayor Stock asked if the City Engineer has looked into this to see if its a feasibile alternative that'they are"proposing. City..Planner Graser stated,that there is utility lines in there. He, does `. not know why this outlot had the utility easement over it. .,schedule P.H. y easement Motion b Busse to schedule a public hearing for the purpose of an easement. vacation requested by Gunars and Julia Zvaners on August 22, 1983 at 8;00 PM,, { seconded by Thor�celson and upon a vote taken`'it was duly"' assed. City Planner Gra,ser then reviewed a letter that he received from Mr: Terry and Mr. Sprank. They came before the Council and requested 'a cul -de -sac in the Spring Lake Townsite area. They are requesting that the lots bP'.redivided _ parallel to the streets as proposed. There was discussion by Council and Staff. ? Page 5 t na44'G2�r�.a "('w .3c �:•o fJ...*; ,. ., :,+ „._n.,.. „....,..u. i. �,.k .::_: , ... .. a: - . _ ...- • . N.M.