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
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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
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Suit
7.
Other Business
a) Treasurers Report
b) Budget Report`
c) Building Permits Report
d) Police Report
e) Fire A Rescue Report'
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f) Dog Catchers Report,c'
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(012) 4474=0 402i1 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372
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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
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Metropolitan Council e
Thursday,
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June 2985 M
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ADJOURNMENT
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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.
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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.
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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.
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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.
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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.
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Mayor Johnson then closed this portion of the mee ting and asked the Council for
their comments.
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The Council reviewed the site plan again for clarification regarding the side
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setbacks.
After a lengthy discussion, Councilmember Thorkelson stated that the council
should be establishing a building envelope, the people that own the property
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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
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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.
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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
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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
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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.
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Therie further comments by Council and Staff.
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further mil and Staff, Mayor Johnson asked that this item Storm
After fo
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t next
xt meeting. He asked that the Council contact City liter
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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.
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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
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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.
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City Manager McGuire stated that this item «would just be tabled for one week. Few for
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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.
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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
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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.
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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
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City tanager
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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
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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
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Carpet Service;
Building Maintenance
1,391.00
40.50
Republic Telcom
Creative Graphics
Telephone Service
307.38
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Ace 4 -d6_
Printed Supplies
Repairs
25.85
Pitt►ey Howes
►
!lachine' a Supplies
es
2T, 2
1
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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
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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
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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} .
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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
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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
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