Loading...
HomeMy WebLinkAbout06 17 1985CITY OF PRIOR LAKE .4 MICHAEL A. Mr.GU1RE, MANAGER REGULAR COUNCIL MEETING Agenda Monday, June 17, 1985 CALL TO ORDER 7:30 PM 1. Pledge of Allegiance 2. Minutes Previous Meeting 3. John Champine Variance Appeal 49 Review Storm Water Management Agreement ` 5. Discuss status of F.C.C. Ruling on antennas 6. Discuss settlement of Recovery of Attorneys Fees for North ahure Law z. Suit 7. Other Business a) Treasurers Report b) Budget Report` c) Building Permits Report d) Police Report e) Fire A Rescue Report' t f) Dog Catchers Report,c' _+ g �j h) 1 (012) 4474=0 402i1 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372 E 8. Announcements & Correspondence a) N Next Council Meeting - Monday, June 24, 1985 @'7:30 P PM b) S Scott County Government Study Commission - Wednesday, J June 19, 1985 @ 7 :00 PM in City Hall Council Chambers ") Metropolitan Council e Thursday, c " June 2985 M d } ADJOURNMENT /J I r s z J o- r lu S f r. F� tz R CITE OF PRIOR LAk MIN(YM 0? THE CITY COUNCII, J(ne 17, 1985 The Cmwn . << Council o� the City of Lake met ,in regular session on Monday, June 17, 1985 at 7:30 PM in the City Council Chajibers. Mayor / IJohnson called the meeting to order. Present were M'ayor,Johnson, pouncilmembers� Busse, Schweich, Scott, Thorkelson, City Manager McGuire, City Engineer Anderson, City Planner Graser and City Attorney Kesse ,,. ( ' Mayor Johnson asked everyone to rise for the pledge of allg The minutes of June_10, 1985 were reviewed by', Council. I Motion by Thorkelson to,apprc�ve the Minutes of June 10, 185, seconded by Busse Minrtes and upon a vote taken it, was,'duly passed. I The next item on the agenda was a variance appeal byJ John Champine, City Planner Graser to commiente4` on this. City Planner Graser,stated that the request is for a/2 foot north side and a 5 P pe.ity �� r foot south side ro lone variance and a l9 foot ]fakeshore variance ;Eor Lot 30, Northwocid. He stated Oat the applicant is propo to remove an existing cabin and construct a new /'home. The subject site is,' very narrow lakeshore lot / vry measuring 17.5 feet at the cul-de and about,60 f4t at the lake. He then stated that the Butternt:t,;Circle area contains same,of the smallest platted lots; , in Prior lake, In the iiul- de-sac most lots measure 17.5 feet at the road. He stated that this lakeshord setback would be 56 feet;'and would be consistent with the Butternut Circle neighborhood. He then stated ! that the .abutting. property. owners were against this , request because of Mr. Hastings have and the violation ' of Mr. Hasting "s sitelin,'a. He then referred to the site plan. After reviewing the site plan die stated that because, of the general character and there are other homes that are in violation with setback requirements, it would be staff's r-r - en tion to approve the request since it is not detrimental to the general health and welfare of the+ community. Mr. John Champine then cemented to the Council. Mayor Johnson then asked if anyone in the audience would like to cement on this item. r Mr. DOW Hastings cemented to the Council. •sue Jerry Benzel also cemented on this item. (612) 447 -4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372. a '� w fil lu S f r. F� tz R CITE OF PRIOR LAk MIN(YM 0? THE CITY COUNCII, J(ne 17, 1985 The Cmwn . << Council o� the City of Lake met ,in regular session on Monday, June 17, 1985 at 7:30 PM in the City Council Chajibers. Mayor / IJohnson called the meeting to order. Present were M'ayor,Johnson, pouncilmembers� Busse, Schweich, Scott, Thorkelson, City Manager McGuire, City Engineer Anderson, City Planner Graser and City Attorney Kesse ,,. ( ' Mayor Johnson asked everyone to rise for the pledge of allg The minutes of June_10, 1985 were reviewed by', Council. I Motion by Thorkelson to,apprc�ve the Minutes of June 10, 185, seconded by Busse Minrtes and upon a vote taken it, was,'duly passed. I The next item on the agenda was a variance appeal byJ John Champine, City Planner Graser to commiente4` on this. City Planner Graser,stated that the request is for a/2 foot north side and a 5 P pe.ity �� r foot south side ro lone variance and a l9 foot ]fakeshore variance ;Eor Lot 30, Northwocid. He stated Oat the applicant is propo to remove an existing cabin and construct a new /'home. The subject site is,' very narrow lakeshore lot / vry measuring 17.5 feet at the cul-de and about,60 f4t at the lake. He then stated that the Butternt:t,;Circle area contains same,of the smallest platted lots; , in Prior lake, In the iiul- de-sac most lots measure 17.5 feet at the road. He stated that this lakeshord setback would be 56 feet;'and would be consistent with the Butternut Circle neighborhood. He then stated ! that the .abutting. property. owners were against this , request because of Mr. Hastings have and the violation ' of Mr. Hasting "s sitelin,'a. He then referred to the site plan. After reviewing the site plan die stated that because, of the general character and there are other homes that are in violation with setback requirements, it would be staff's r-r - en tion to approve the request since it is not detrimental to the general health and welfare of the+ community. Mr. John Champine then cemented to the Council. Mayor Johnson then asked if anyone in the audience would like to cement on this item. r Mr. DOW Hastings cemented to the Council. •sue Jerry Benzel also cemented on this item. (612) 447 -4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372. a '� w Mayor Johnson then closed this portion of the mee ting and asked the Council for their comments. ;• The Council reviewed the site plan again for clarification regarding the side c setbacks. After a lengthy discussion, Councilmember Thorkelson stated that the council should be establishing a building envelope, the people that own the property , should -then design a house to fit the envelope. The Council should define what would be allowed as far as variances are concerned and then they can design a }. house to meet those requirements. Mayor Johnson' asked that City Planner Graser, Mr. Hastings and Mr. Chain go idn into the conference room and discuss this further. He 'would ONMOM stated that he then put it back on the agenda for further consideration. Varame. 'The next item discussed by the Council was the Stormwater Management Agreement. City Engineer Anderson commented on this item. ., City Engineer Anderson reviewed the final draft of a Joint Powers Agreement establishing"a Watershed Commission for the Shakopee Basin watershed.,, He stated that the purpose of thiw:agreement is to reduce the greatest_ practical extent capital expenditures necessary to control excessive volumes and -rates of _runoff, p rve water quality, pr'vent; flooding and erosion, study ground water rge, cooperate in ,protecting and enhancing fish and wildlife habitat and � - water recreational facillities, secure other benfits associated with the proper management`' of surface water, accept the transfer of drainage systems in the watershed district and to carry out all the duties and responsibilities outlined a in Minnesota Statutes 473.875 - 473.883. - He further oommento on the agreement. -d City Attorney Ressel then commented on the agreement. He stated that after, discussing this with „City Engineer Anderson and John Anderson from the City of Shaloopee, the way. that this agreement is drafted and the timing of it, it is important that it be passed by all the members by July 1, 1985 otherwise the agreement becomes null and void. There are some technical errors within the agreement hat be,has pointed out to Mr. Anderson. ^ CitY\!AttornsY passel stated that it would be recommended that we adopt this finaii draft. and to amend as necessary. He then pointed out the area that would naed to be - redef ined Ma y . ~ or JOhneon then asked the Council for their comments. Oouncilm�eaiber Thorkelson asked if Shakopee had reviewed this. City Attorney Kassel stated that they had and that they had adopted it. Cau�cilaiember Thorkelson further commented. 'I �a Therie further comments by Council and Staff. 4 ' further mil and Staff, Mayor Johnson asked that this item Storm After fo �4 t t next xt meeting. He asked that the Council contact City liter t Manager McGuire or Staff with any questions that they might have regarding this taut agreement and that it be brought back at the June 24, 1985 meeting.t; The next item was to discuss the FCC ruling on Antennas within the City Limits. City Attorney Kessed commented on this. City Attorney Kessel stated that he , had spoke with Rosalee Gorman, . FCC. Representative on the satellite rule making, regarding the City's ordinance. Me. Gorman stated that she has received all the omments on the notice that was distributed by the FCC regarding proposed rule making acid she believes that the FL`C Commissioner, will not issue a final ruling until sometime this fall. He stated that it would be up to the Council to either adopt an ordinance to now or wait until after the final ruling by the EM. ! yor Johnson asked if anyone from the audience had any omm ents. There were none. M10yor Johnson then asked the Council for their oomments. Councilmember Thorkelson felt that the Council should return to the issue which was satellite receiving dishes. He felt that there should be an ordinance regulating receiving dishes. There Was a general discussion regarding receiving dishes within the FCC It wss the consensus of the Council to wait until this fall to continue on the Antenna Ordinance or any other ordinances regarding this issue until the final ruling is released. Ord Be. ° w This itirm ss scheduled to be brought Ant== back at the November 18th 'meeting. M`yor Johnson then went back to the John Champine variance ° appeal. He asked City Planner Graser to update the Council, as to any, action on this item. City Planner Graser stated'that John Champine is- going ,to redesign the house and' going to wove the house back '80 that it is in compliance with the property \. line. It would then require a 18 foot lakeshore variance, 2 foot side yard's variance for the' north property line, 5 foot side yard variance for the south property line. He then reviewed the changes to the house design. Mayor Johnson asked if were any further comments regarding this item. ,> There was a gsnaral discussion /by Council and Staff. After the discussion, motion by Thorkelson to approve a 18 foot lakeshore Jolts variance from the 904 level, 2 foot side yard variance for the north property Qmpine line, 5 foot aide yard variance for the south property line for lot 30, Yar-sooe Morth,aWs, seconded by Scott and upon vote taken it was duly -a passed. Appeal k s Mayor Johnson called a recess at this time. The meeting was called back to order at 9:10 PM. The next item on the agenda was to discuss the settlement of recovery of attorneys fees for the North Shore Law Suit. City Attorney Kessel ommaented on this ,item. City Attorney Kessel stated that a number of letters were written to Jeffery Schmidt who is the claimeman from International Surplus Lines in Chicago regarding their obligation under the contract of liability insurance when they appointed ooverage to the City when this law suit started. He on behalf of im offered to pay 501 of the City's Attorney's few incurred in the-law suit. It was Locomen, Nelson, Sullivan & Cole's- opinion that if the carrier had the obligation to defend on any legal issue in that law suit, they had the obligation to pay all the attorney's fees incurred. Our office wrote back,.to them with an explanation of that position on May 31, gave them -10 days +o respond and as of this time we have not heard from them. He then stated thei_ he ' spoke with ISL today and Jeffery Schmidt is no longer with the.cmgw y, someone is going to check to see, who has taken over the file and would get back to us. He, then stated that he would recaamend that we wait a few days, see if anything is�goirg to be done about the claim and if they do not pay the fees, he would than reonaaend legal proceedings to collect what they have as their ebligation under the policy. Mayor Johnson: asked if that would require a motion. A City Manager McGuire stated that this item «would just be tabled for one week. Few for Nom Mayor Johnson then continued this item until Monday, June 24, 1985. Isr9,at The next item on the agenda was the monthly reports (May) Motion by Busse to approve the Treasurer's Report as submitted, seconded by Tfewazw's Scott and upon a vote taken it was duly passed. p Motion by Thorkelson to approve the Budget Report as submitted, seconded by Budget Rapert Scott and °upon a vote taken it was duly passed. Motion by Thorkelson,' to approve the Building Permit Report as submitted, RdI+e seconded by Busee and upon a vote taken it was duly passed. Paidt RqPMt Notion by Bueee to approve the Police Report as submitted, seconded by Police Rgiwtj Thorkelson and upon a vote taken it was duly passed. Motion by Thorkelson to approve the Fire & Rescue Report as submitted, seconded A am. Fe by Busse and upon a vote taken it was duly passed. .POPM The list on invoices scheduled for payment on Tuesday. June 18, 1985 were reviewed by the Council.- Motion by Busse to approve the invoices scheduled for payment on Tuesday, June bwalm 18, 1985 as submitted, seconded by Scott and upon a vote taken it was duly PasMd ti The Dog Catchers Report for the month of May was not reviewed at this meeting. Dog (ktdhw's The report would be attached to next week's agenda material. RePM x .° Mayor Johnson asked if there was any other business to be taken care of. Marry residents from the Sand Pointe Subdivision commented to the Council concerning variances to build decks onto their hoagie. { Staff was directed to check into this item and to bring it back to the Council at next week's meeting. City Manager McGuire commented on the North Shore Public Hearing. He stated' that 'due to an improper publication the Hearing would need to be rescheduled for Monday. July 8. 1985 at 7:35 PM. Action by 7horkelson to reschedul July 8, 1985 e the North Shore Public Hearing to Monday, ?"Chame @ 7s35 PM due to an improper publication, seconded by Busse and Nom► 9rore upon a vote taken it Was duly Pub. , Councilme■ber "orkelson commented on Scott heriff's y Deparbaent. With no other business, motion by 7horkelson to adjourn, seconded b y 9ioott and upon a vote taken this meeting was adjourned at 9i4 PM. Mickrael A McGuire ' City tanager ,I i THE FOLLOWING LIST OF INVOICES ARE SCHEDULED FOR PAYMENT ON TUESDAY, JUNE 18, 1985 MISCELLANEOUS DEPTS. C._:.Carpenter Lumber Co.. Misc. Supplies 93b.49 NSP' Bankers Life Utilities 5,783.21 Minne asc 9 P Insurance Utilities 4,540.10 - Prior Lake: "76" Repairs 116.13 Radermacher Red Owl Supplies 116.25 ! Stearns- Thompson Gas`& OIL 152.07 4 Snyder Drug Supp ies 148 ' Valley View Inc. " Parts Dept Inc. Insurance ,2 1 Computoservice Supplies Computer Service 61.19 1,222.35 Coast to Coast Stroe Scott Rice Telephone Supplies 23.25 Carlson OR Hardware Telephone Service Supplies 668.04 Shakopee Oil Co. Prior Lake Carquest Gas a Oil 99.59 1.698.80 Mirnesota Valle Electric Y Sup Pp Utilities 359.86 State Treasurer FICA City Share of FICA 703.69 1,589.40 State Treasurer - PERA Charles Tooker City Share of PERA "'- 2,523.56 Planning Consultant 700.00 GENERAL GOiVT . ,t !layor a Council e.MCGuire Salaries 1,050.00 Ph Teschner ` Car Allowance 275. 00 ,. ., C 8orst" Grauer Car Allowance Car 75.00 ` Laurie Schmitz Allowance Mileage 75.00 19:.20 Packaged Computer Service Petty Cash," ' Computer Supplies a training 2,028.00 Laeaen, Nelson, Sullivan a -Cole c Supplies s Postage Attorney Fees 31.99 2 040.00 M .a ° S Flooring B C Building Maintenance , 67.80 -Hart Co. "1Kasn. of Metro Municipalities Supplies Dues 381-.88 r� Carpet Service; Building Maintenance 1,391.00 40.50 Republic Telcom Creative Graphics Telephone Service 307.38 , w 'r Ace 4 -d6_ Printed Supplies Repairs 25.85 Pitt►ey Howes ► !lachine' a Supplies es 2T, 2 1 d Prior Lake American Publica' ,�ions Legal Publications 91 .50 � 5 >« 1liuerican Linen Tlio■ipson a Co. Building�Maintenance � 64'.34 65.40 ,� I1Hierican Speedy Printing Professional Services Printed Supplies 388.52 4 q Park, rational Bank n Computer Payment °2,714.14 100.00: Sgsie Me Ye r Mileage 8:40 PWMIC ',SAFETY k �� Powell R rt _ Car Allowance 150.00 MCAllister Alp cro Users Society - Animal Control 350.00 St. Franc is Regional Medical Center Dues Blood Alcohol Test<.' 35.00 t BurnavllesPrintng Sup ply` Supplies 29.30 Road Rescue Inc Supplies 153.54 9.26 a y : i b .a• PUBLIC SAFETY continued Trail TV 8 Radio Shack Fire Supplies , Inst,. Assn. of MN or Lake Fire Dept. Supplies 24.95 877.00 #� molds Welding liesor Conv. Fees 800.00 Ring Fire Extinguisher SupnP P Supplies 6.00 Vol. Firemen Benefit Assn. MN Documents Div. Insurnace 18.00 99.00 Noll's Hallmark Supplies Supplies 1.50 19..50 x ' PUBLIC WORKS: fi Larry Anderson Bruce Loney* Car Allowance 150.00 k Menarda Lumber Car Allowance 150.00 Prior Lake Aggregate MN Supplies PP Sand 3 Gravel 12.77 Pollution control Agency Fees 136.58 Copy Equipment i Lfteller & Sons Supplies 15.00 70.95 Water Products Co.. Bituminous 362..33 Supplies 73.25 PARKS s RECREATION': 8 i11 Mangan Bryan Rack Car Allowance 150Fz00 K06ih Athletic Sand a Gravel 179.79' 'I 719 Supplies 254.30 r Lake American Rental, Ad 42.50 w ngbe�rg' Bu s Co . ` Hen`nii'pih Co. Park Reserve Charter 9f+.00 90600 " C a,rC Special Products Co, Rental Fee Supplies 36 f Oren Backes 144:4 { . Co. Park Program 75.00; ISA . Pioneer: Wt. Co, Supplies 65.83 Pepsi -Cola Co. Supplies - 365.00 Btiako pee Public Utilities Concessions Utiltiies 279.45 8 eairs Roebuck i Co. And e'rsen • Asaoc;. Supplies 9.80 3-23.96 Picnic Tables 1,856.08` Xn6 Lumber Co. Utilities 547.50 PL 8eatiag 4 ArConditioning" `Roach `. Supplies Re airs p 97.65 . me _Dave Jack' _r,are.n3 ` Reimb. for Supplies, 427.00 23.00 3} . „�` Reimb. for Supplies 59.3.. 2 h ECOlIOMIC DEVRLOPMENT: e� AV N11son'Management ' Mpls;:3tar Professional Servcies 2.806.25 ,Prior lake'Aeerican Ad 80.00 4 4; ad 60.00 N UTILITY :. r Rayapnd `iTObnoon Serco �� Van Naters Mileage i Reimb. Lab Analysis 18.40 ` a , .Rogers Dixi4"Petro Chem Chemicals 4:00 237.90 j4 State of MN chemical`s 192.60 Fees 15.00 SEVER UTILITY F Andersen s Assoc. Supplies 1 C MI�CC Installment 104,41_ 30,692.32 SAC Charges 13,884.75 " CONTINGENCY: Close Associates ' Professional Services 2,105.08 DEBT SERVICE,GENERJWrUND b Norwest Bank Mpls Debt Service 21,531.30' J DF, SERVICE FUND N6 west Bank M ls. American National Bank n Debt Service 288,374.20 Debt Service 152,290.46 ',).'AIOR LUX CONSTRUCT FUND i O r Lake American Legal Publications 34.60 K:G Rehbein Bros. Engineering F'ees� Estimate No. 7 2,303.15 '.Hentges Co. �� Estimate No. 2 3,955.15 68,950 1 j IM apolis Star Chapin Publishing Co. � , Legal Publication 276.00 State Treasurer Advertisement for bide 91'.12 Fee 30.00 r i SMMR t4 MATER FUND : I Lee:' Olrich Refund for Overpayment 350.0.0 { ". 1