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HomeMy WebLinkAboutAgenda & Minutes ~ OPEN FORUM - 7:00 P.M. REGULAR COUNCIL MEETING AGENDA August 19, 1996 1. CALL TO ORDER ............................................................................... 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES 4. CONSENT AGENDA: A. Consider Approval of Animal Warden Report. B. Consider Approval of Building Permit Report for June and July. C. Consider Approval of Fire and Rescue Report. D. Consider Approval of Invoices to be Paid. E. Consider Approval of Treasurer's Report. F. Consider Approval of Resolution 96-87 Establishing a Fee for Special Hunting Permit and Resolution 96-85 Approving the Pennit to Allow Restan LLC - The Wilds to conduct a special Goose Hunt at the Wilds. G. Consider Approval of Agreement for Joint Assessment Between the City of Prior Lake and County of Scott. H. Consider Approval of Ordinance 96-19 Amending Prior Lake City Code by Amending 1-14-1, Relating to the Payment of Property Taxes and Related Fees as a Precondition to Permit Issuance or other Official Control. 5. PRESENTATIONS: A. 6. PUBLIC HEARINGS: A. Consider Approval of Resolution 96-83 Approving Vacation of the Portion of 8th Street Lying North of Center Street as Platted within Spring Lake Townsite. 7. OLD BUSINESS: 16200 Eag~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER A. Consider Approval of Status Report on First Half 1996 City Council Directives. B. Consider Approval of Resolution 96-82 - Awarding Bid for Construction of Trails and Parking Lots on City Parks. C. Consider Approval of Resolution 96-81 Approving the Proposed Merger ofTriax/DD Cable Company. 8. NEW BUSINESS: A. Consider Approval of Resolution 96-86 Ratifying 1996-1998 Labor Agreement Between the City of Prior Lake and Law Enforcement Labor Services Inc., Local 100, Representing Police Officers. B. Consider Approval of Resolution 96-88 Approving the Final Plat for "The Wilds 4th Addition." C. Consider Report on possible New Massage Therapy Ordinance 96-20. D. Consider Approval of Resolution 96-84 Approving Registered Land Survey for Property Originally Described as Lots 1-3 and Part of 4, Chatonka Beach and lots 7-13, Resurvey of Block 1, Chatonka Beach. 9. OTHER BUSINESS: 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ~.\DJOURNMENT A081996.DOC Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:56 AM MINUTES OF THE PRIOR LAKE CITY COUNCIL August 5,1996 1. CALL TO ORDER: Mayor Andren called the meeting of the Common Council to order on Monday, August 5, 1996 at 7:30 p.m., in the Council Chambers. Present were: Mayor Andren, Councilmembers Greenfield, Kedrowski, Mader and Schenck, City Manager Frank Boyles, Assistant Engineer John Wingard, Planning Director Don Rye, Planning Coordinator Jane Kansier, Park and Recreation Director Paul Hokeness, City Attorney Susan Lea Pace, Recording Secretary Connie Carlson. 2. PLEDGE OF ALLEGIANCE: Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: July 15, 1996 Minutes: City Manager Boyles on behalf of the City Attorney said page 3, 7. A. under "OLD BUSINESS" regarding Paragraph 8 should be changed to read: "which would mean the City defends the Watershed District, which is tantamount to providing insurance." The word "provided" should be struck. Her second revision would be Page 4, 4th bullet from top - rewrite of paragraph - "The City Attorney explained that the statutes authorized units of government would have the same statutory authority to enter into such agreements. In this case, the Watershed is suggesting to shift its responsibility under circumstances where the City may otherwise not have any responsibilities. The Joint Powers Agreement is not warranted in this situation." Councilmember Mader noted that on Page 14, in the Motion by Kedrowski, second by Mader, the minutes should reflect what the specific modifications to the ordinance were. MOTION BY MADER, SECOND BY KEDROWSKI TO APPROVE THE JULY 15, 1996 MINUTES AS CORRECTED. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. Minutes of the Emergency City Council Meeting July 18, 1996. MOTION BY SCHENCK, SECOND MADER TO APPROVE THE MINUTES OF THE EMERGENCY MEETING ON JULY 18, 1996. Councilmembers Greenfield and Kedrowski were not present for this meeting. 16200 ~~~k Ave. S.E., Prior Lake, Minnesota ~g'V2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM Upon a vote taken, ayes by Andren, Mader and Schenck, and abstentions by Greenfield and Kedrowski, the motion carried. 4. CONSENT AGENDA: A. Consider Approval of Invoices to be Paid. B. Consider Approval of Acquisition of Fire Safety House and Allocation of Funding. C. Consider Approval of Temporary 3.2 Liquor License Request for Judy Busse. D. Consider Approval of Election Judge Appointments for 1996 Primary and General Elections. E. Consider Approval of Fee Waiver Request for Prior Lake Fire Department of Charitable Gambling Fee. Councilmember Mader requested Item B be removed from the Consent Agenda for discussion. MOTION BY GREENFIELD, SECOND BY KEDROWSKI, TO APPROVE CONSENT AGENDA WITH ITEMS A, C, D & E. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. · Discussion, item 4B: Mader noted the cost of the safety house is a $25,000 purchase. Based on discussions last month the City can lease a safety house for less than $300. He had the impression this piece of equipment is not used that frequently and it would be better to lease a fire house for a few hundred dollars vs. $25,000. Mader stated he will vote against it, not because the VFW raised the money but he recommends members of the Fire Department and VFW should discuss a better application for these funds. · Fire Chief Dave Chromy was present to answer questions. Boyles explained the background. In 1995 representatives of the VFW appeared before the Council for the purpose of indicating they have a project each year and through that project foster community safety and improvements. They felt a fire safety house would be an excellent project and beneficial in fire safety education. · Schenck explained the safety camp and complications that arose when the fire houses were supposed to be present when planned. This is a unique opportunity for the City to have this. . Kedrowski stated the original project was $35,000. CC080S96.DOC PAGE 2 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM · Chromy said the fITe committee recommended this fire house. Chromy addressed Mader's question on recommending a fire house. Chromy's concern is for manpower. The Department answers 30 calls per month. This is another activity he feels the department is not ready to take on. Chromy said there is other equipment not visible to the public that is needed. . Mayor Andren suggested discussing other donations besides the fire safety house with the VFW. She said there is history with the VFW and the City regarding the house. It is not fair to the VFW and the Fire Department committees who have worked hard on this issue under the assumption this was needed. Recommendations have been made. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO CONSIDER APPROV AL OF THE FIRE SAFETY HOUSE AND AN EXPENDITURE OF UP TO $4,779.00 FROM CONTINGENCY FOR THE CITY'S PORTION OF THE COST FOR THE FIRE SAFETY HOUSE. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski and Schenck, nay by Mader, the motion carried. 5. PRESENTATIONS: A. Consider Approval of Auditor's Management Letter Regarding 1995 Financial Audit Report. . Gerry Eick of Abdo, Abdo & Eick presented the information from the Staff Agenda Report dated August 5, 1996. Mr. Eick highlighted General Fixed Assets, Fund Balance, Debt Services Fund and the Tax Increment Reports. . Greenfield welcomed the firm and commented on the fixed assets. Boyles addressed the inventory of fixed asset issue. . Mader commented on fixed assets. Mr. Eick stated the previous consultant did not have a detailed record of the fixed assets. He suggested staff keep a list of assets. He commented on the City's Fund Balance. Mr. Eick suggested keeping a 40% reserve instead of 30%. It is harder to maintain funds at the end of the year. . Schenck stated it was a good report. - well laid out. . Councilmember Kedrowski thanked the Mayor and Councilmember Greenfield for recommending a change in auditors. He inquired on outside help on investments. Mr. Eick explained most Cities are not big risk takers. City Staff is able to get market information readily and effectively to direct investments. Staff should be reminded to take the time and inquire on investment information. CC080S96.DOC PAGE 3 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM · In response to Councilmember Greenfield's question, Boyles explained that in September the City Council will reviewing the allocation of funds for 1995 and as part of that allocation will recommend a certain amount of that funding to the general fund reserve. MOTION BY MADER, SECOND BY KEDROWSKI TO ACCEPT THE AUDIT MANAGEMENT LETTER. Upon vote taken signified ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. 6. PUBLIC HEARINGS: A. Consider Proposed Merger of Triax/DD Cable C9mpany. Application requested to postpone to 9:30. 7. OLD BUSINESS: A. Resolution 96-74; Approving Final Plat and Development Agreement for Pheasant Meadows. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO ADOPT RESOLUTION 96-74 APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT FOR PHEASANT MEADOWS. . Councilmember Mader brought up the City's policy by which the City picks up the cost of the assessments in the Developer's Agreement. Boyles explained how the fees were set up. Wingard also clarified development issues and collecting the fees. Upon vote taken signified ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. B. Consider Approval of Resolution 96-75 Awarding Bid for Construction of Salt/Sand Storage Building. . Boyles explained the necessity of the Salt/Sand storage building. Public Works Supervisor Doug Hartman and Parks and Recreation Director Paul Hokeness were present to answer questions. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 96-75 AWARDING BID FOR CONSTRUCTION OF SALT/SAND CC080S96.DOC PAGE 4 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM STORAGE BUILDING. AMENDING ITEM #4 TO BE $34,947.00 NOT $24,947.00. . Councilmember Mader commented on Rochon being part of the bid. Hokeness said they were not willing to work on the project. Mader stated he will not vote in favor of this. While he hears this will save us money he does not see any estimates on the savings based on the information. . Boyles addressed Councilmember Greenfield's question on the occupancy issue and why there is more money available. The project took longer so the money is available to invest. The interest is higher than anticipated. The building has not been accepted by the City to occupy. . Hokeness explained the problems the City has not having a building. . Hartman stated some facts about the number of staff compared to other communities. He also spoke on the environmental issues, covering the sarid/salt, time working with it, maintaining equipment, and costs. The maintenance workers still have to do daily maintenance. The workers do not have a lot of time to maintain salt/sand. . Councilmember Mader suggested one additional staff person could take care of this problem. He has problem with the lack of details. . Councilmember Kedrowski questioned Pollution Control outdoor storage requirements. Rye replied you can have outside storage in the business park under certain conditions. . Mayor Andren said she understands what Mader is saying - there should be a more detailed analysis. Councilmembers are concerned about spending that amount of money. The City has been conservative and she knows the facilities are inadequate. This is a good investment. In the future it would be nice to put a dollar amount on it. . Hartman addressed some of the costs issues and subcontracting to mix. . Hokeness addressed Greenfield's questions on the expansion and storage. MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 96-75 AWARDING THE BID FOR THE CONSTRUCTION OF THE SALT/SAND STORAGE BUILDING AND AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT. Upon vote taken signified ayes by Andren, Greenfield, Kedrowski and Schenck, nay by Mader, the motion carried. CC080S96.DOC PAGE 5 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM C. Consider Approval of Request for Warning Siren on Spring Lake Road/Northwood Road Intersection. · Boyles gave an overview of the issue. Police Chief Powell presented information and the need for an additional siren. It would also service the Spring Lake Regional Park, Spring Lake Township and Spring Lake itself which is out of the City's jurisdiction. Only people within 1 mile of the siren will hear it in their homes. Although there will be other alternatives in the future this does not solve the problem now. There are less expensive sirens which would serve the purpose. MOTION BY MADER, SECOND BY KEDROWSKI, TO ACCEPT STAFF RECOMMENDATION TO APPROVE THE REQUEST FOR A SIREN AND SCHEDULE AS A 1998 PROJECT AND AUTHORIZE STAFF TO SOLICIT A CONTRIBUTION FROM SPRING LAKE TOWNSHIP TO COMPLETE THE PROJECT. · Discussion: Staff can find a shorter range siren if Spring Lake does not contribute. · Bernard Arnoldi, 3094 Spring Lake Road, felt not too many people in Spring Lake Township will benefit from the siren. But if it can save one life it is worth $20,000. · An unknown resident suggested elevating existing sirens 20 feet to extend their "reach" . MOTION BY MADER, SECOND BY GREENFIELD TO AMEND THE PROJECT FOR COMPLETION IN 1997 INSTEAD OF 1998 WITH FUNDING FROM THE CONTINGENCY FUND. V ote on the amendment taken signified ayes Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. Vote on the main motion taken, ayes by: Andren, Greenfield, Kedrowski, Mader, and Schenck, the main motion as amended carried. A recess was called at 9:00 p.m. The meeting reconvened at 9: 16 p.m. 6A. Consider Proposed Merger of Triax/DD Cable Company. . Boyles said the parties have agreed to defer action on this item to the City Council's August 19th meeting. There is one area of disagreement in the approving Resolution. The parties agreed to work out the disagreement prior to bringing the issue before Council. CC080S96.DOC PAGE 6 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM · Jane Bremer, of Larkin, Hoffman, Daly, Lindgren, represents Midwest Cable Vision and Triax Cable Vision in this joint action. Ms. Bremer explained the issue under Federal Law to act within 120 days of submission of the proposal. Different information was submitted to the City and Council for time lines. They will concur with the August 20, time line and will waive any right to challenge the date prior to August 20, 1996. MOTION BY KEDROWSKI, SECOND MADER, TO DEFER CONSIDERATION OF THE MATTER TO THE AUGUST 19, 1996 CITY COUNCIL MEETING. Upon vote taken signified ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. 7D. Consider Approval of Street Lights for Northwood Road. . Boyles presented an overview of the Staff Report dated August 5, 1996. Staff recommends approving Resolution 96-78 authorizing Street Lighting for Northwood Road. . Councilmember Greenfield approves; it is a high traffic area and lights are needed. · Councilmember Mader feels the project is already completed and is wondering if they are being asked to approve a project that is already done. . Boyles explained cables and light standards in the area. Boyles talked to Ron Jabs of MVEC who said their intent was to install the cabling in any case and that the standards have a convenient cover for the cable. He further talked to John Wingard whether or not this was approved by the staff in any way, shape or form prior to the City Council's actions and was told it had not been. That is why it is before the Council at this time. Any work done by MVEC has been solely done at their own risk. . Councilmember Mader does not believe MVEC went out on their own and constructed lights without any direction from the City. Mader stated he talked to a spokesperson from MVEC who told him they were given authorization by the City to install the lights. He does not want to approve a completed project and now the question is raised whether the City should fund it or not. Mader also pointed out the difference in cost between NSP and MVEC. He has spoke to residents in the area who are for and against the lights. . Wingard stated they have been working with MVEC and the layout to have all the information to present to City Council. MVEC prices are lower than NSP and they have been lower in other city projects as well. MVEC is working on the Northwood CC080S96.DOC PAGE 7 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM Road area and the City was quoted a lower price. Wingard said he does not know of anyone on staff who gave permission to MVEC the go ahead and construct the lights. . Councilmember Schenck - no comments. · Councilmember Kedrowski questioned the street lights on the opposite side of the sidewalks. He feels it would make more sense to put on same side with sidewalks. Wingard explained MVEC is already doing the construction on the east side of Northwood and the City was quoted a significant lower price. The adjoining property will be developed in the future. . Mayor felt the lights should be on the sidewalk where people walk not illuminating resident's yards. . Councilmember Kedrowski agrees to have lights and ~uggests getting an exact bid from MVEC for lights on the same side of the street as the sidewalks. . Councilmember Schenck stated the City's position is we want the lights in but on the right side of the street. The City should tell MVEC this is our price and this is where we want it. And then if they come back and say it will cost an additional $4,400 then we have to look ahead. . The Mayor agreed and said the residents want lights in the area. She has not received any calls not wanting the lights. . Bruce Erickson of Northwood Road said he attended every meeting and found the lights were going to be excluded. All of a sudden there are street lights on the non- sidewalks side of the road. Mr. Erickson stated the City appropriated money, taxed for the assessments and wanted to know where the additional money is coming from for the street lights. The plans were changed without anyone knowing about it. . Boyles said the cost of the roadway is not fully being reimbursed by special assessments. The majority of the road is being paid for by municipal State Aid and collector street moneys. Only 40% of the road improvement cost was being assessed to residents. . Councilmember Greenfield stated the City has a street light ordinance. It is a safety issue. . Mayor Andren suggested notifying the residents in the area and have a discussion on it with public input and have the Council make a decision on it whether there should be lights or not. It is outside the scope of the project. CC080S96.DOC PAGE 8 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM MOTION BY KEDROWSKI, SECOND BY MADER, TO TABLE TO THE FIRST MEETING IN SEPTEMBER TO DISCUSS IN A P'UBLIC INFORMATION MEETING FORMAT FOR STREET LIGHTING ON NORTHWOOD ROAD. Upon vote taken signified ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO AMEND THE MOTION FOR THE CITY ATTORNEY TO CONTACT MVEC AND GET THEIR OFFICIAL POSITION ON THIS MATTER TO DETERMINE THEIR INSTRUCTIONS OF THE STREET LIGHT PROJECT. Discussion: . Might impact the cost of lights and the cost to the citizens. Would like to know what is going on. Why are they doing work not approved by. City Council? Mader talked to the project manager who informed him the City authorized the installation of lights. Mader is not in favor of spending City Attorney's time and money to investigate MVEC. He feels MVEC was led to believe the money would be coming. V ote taken signified aye by Kedrowski, nays by Andren, Greenfield, Mader and Schenck, motion failed. A recess was called at 9:50 p.m. The meeting reconvened at 9:57 P.M. 8. NEW BUSINESS: A. Consider Approval of Request by Frank Muelken on Behalf of Margaret and Bill Hannen. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO GRANT A ONE YEAR EXTENSION FOR THE PURPOSE OF CONNECTING THE RESIDENTIAL HOME LOCATED AT 15745 RIDGEMONT AVENUE TO MUNICIPAL UTILITIES NO LATER THAN 10/2/97. Upon vote taken signified ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. B. Consider Approval of Request by Maple Hills Homeowner Association to install municipal sewer within their subdivision without Municipal Water. . Boyles gave an overview of the Staff Report dated August 5, 1995. Staff recommendation is to approve the request for sanitary sewer, require extension of city water and require upgrading of streets to a public standard for the Maple Hill areas CC080S96.DOC PAGE 9 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM with the sewer project. The water system would be a dry line until city water is extended to the area. · James E. Boerhave, 14243 Mitoka Circle NE, President of Maple Hill Homeowners Association, was present to answer questions. · Councilmember Kedrowski asked staff on the policy going from private to public road. Rye explained the procedure. There would have to be a request asking Council to take responsibility for the street. · Councilmember Schenck was led to believe the City would be assessing the homeowners association. City Attorney Pace explained the homeowners are requesting to undertake the construction to the existing line. This raises a number of questions. This is not a matter of special assessment. The City would have to come to some agreement on how to measure the flow and bill the residents. Boerhave felt there would not be a problem. Pace said City Council should consider the issue of subsequent of installation of the water. It is going to cost more because of the two (sewer and water) not being done at the same time. Residents should be aware of the increased costs. Boerhave felt those costs are justified by keeping the timber and retaining the environment. The residents are willing to pay. Boerhave also stated they are not willing to commit to water at this time. It is a separate issue. . Jim Kramer, Vice President of the association, lived there for 21 years, questioned why would they have to have municipal water when they own private sewer system. The driveway width would be extended. What is the driving force to pipe water to the 9 lots. . Boyles addressed those issues. The nine lots can turn into 18 lots which could happen over time. The City is moving away from the wells. They are subject to being polluted over time. The theory is municipal water is ensures good public health. . Kramer said the families are there because they want the existing environment and feels there would not be 18 lots in the future. . Boerhave said residents would maintain the costs. Councilmember Schenck stated the City's policy has always included sewer and water at the same time. Boerhave said they know what the ramifications are. Schenck understands preserving the environment but if something happens it would be better to do it (add water and sewer) in one motion. Boerhave responded the Homeowners would be willing to deed over the maintenance to the City. He also question the City Code mandating that the water main has to go in with the sewer. . Mayor Andren explained the City's position. Everyone in Prior Lake does not have the option to determine if they should have sewer and water. It is in the MUSA and it CC080S96.DOC PAGE 10 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM is the responsibility of the City to maintain sewer and water to the public. She referenced the Comprehensive Plan that states all utilities will be available. Andren understands the Homeowners Association issues. In the best interest of the City and future residents sewer and water must be available. She is in favor of leaving the area as is because the City does not have any particular need to water and sewer the area. If there is going to be a petition both water and sewer should be put in at the same time. . Councilmember Mader - no comments. . Councilmember Greenfield stated the issues have been covered. He is concerned about authorizing only one utility. He is even more concerned for the future of the area and what will happen if we do not address both utilities. . Kedrowski suggested a dry line for the water. . Assistant City Manager Tremere stated three concerns: 1) Water is a health matter but also fire safety. 2) The current lots can be built on with an appropriate septic system. 3) The MUSA opens the flood gates for new residents. With that comes road access, ambulance, fire, police, etc. As a planner these issues need to be looked into. . Unknown potential resident stated he keeps hearing the same story. The City Council wants sewer and water. He questioned the private road becoming public with city sewer and water. . Andren said it did not trouble her as much as the sewer and water issue for that area. The gravel road is not a problem. The road is already private and she has no desire to have it public for 9 lots. . Boyles added the extension of water could come from County Road in 1998 or piped in through the Knob Hill development in 1997 or 1998. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO DENY THE REQUEST FOR INSTALLATION OF A SANITARY SEWER SYSTEM AND RECOMMEND THE APPLICANTS APPL Y AGAIN WHEN SEWER AND WATER ARE AVAILABLE IN THE AREA. Discussion: . Suggestion to defer a dry line until water is available. Concern for fIre for the entire area. The whole community is affected when there is an uncontrolled fire when there should have been water available. It can be very costly and damaging. Homeowners can sign a Waiver and when the water is available they will hook up. The City Attorney and residents can work out the details. Understands concern by the homeowners but this is not in the best interest of the community. CC080596.DOC PAGE II Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck. MOTION CARRIED TO DENY THE MAPLE HILLS REQUEST TO INSTALL A SANITARY SEWER WITHOUT WATER OR STREET IMPROVEMENTS. C. Consider Approval of Resolution 96-76, Approving Registered Land Survey for property Originally Described as Lots 1 and 2, the First Addition to Lakeside Park. MOTION BY KEDROWSKI, SECOND BY GREENFIELD TO APPROVE RESOLUTION 96-76 ACCEPTING THE PROPOSED REGISTERED LAND SURVEY. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. . D. Consider Approval of Ordinance 96-19 Amending Prior Lake City Code by Amending Section 1-14-1, Relating to the Payment of Property Taxes and related fees as a precondition to permit issuance or other official control. MOTION BY KEDROWSKI, SECOND BY MADER TO ADOPT ORDINANCE 96-19 AMENDING THE CITY OF PRIOR LAKE CODE OF ORDINANCES BY AMENDING SECTION 1-14-1. . Bob Walsh, 672 Dale Court, Shoreview, the developer of Raspberry Ridge stated he has concerns about the Ordinance. He felt the homeowners are unaware of this Ordinance. The basis of the objection is that he recently submitted a plat to the City and paid the fees but for future plats if there happens to be delinquent taxes and assessments. If the lots are not selling fast enough it can become an impossible burden to overcome. He would like the City to postpone action. The City is not likely to get revenues faster. There should be an option in the Ordinance . Boyles explained the Ordinance provides that property owners as well as developers are expected to pay their taxes on time. Developers are no exception. Developers should not be allowed the right to a low interest loan paid for by taxpayers by not paying their taxes. . Mader does not see this as a problem for the developer. The City does not want to authorize the developer to proceed with development then find out he has completed the development and there is outstanding taxes. The developer should know what the taxes and fees are going into the project. CC080596.DOC PAGE 12 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM · Walsh claimed State Law currently requires when you file a plat the taxes have to be paid in full including those for the current year. · Pace said the language set forth in the proposed Ordinance is the same language that was authorized by State Statute. The City can define for the purposes of the section what official control means. Verbiage can be changed in the building permit application. MOTION BY KEDROWSKI, SECOND BY GREENFIELD, TO WITHDRAW THE MOTION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader, and Schenck, the motion carried. MOTION BY MADER, SECOND KEDROWSKI, TO DEFER THE MATTER AND GIVE THE CITY ATTORNEY AN OPPORTUNITY TO MODIFY THE LANGUAGE, AND BRING THE ITEM BACK UNDER THE CONSENT AGENDA. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. E. Ratification of Labor Agreements. 1. Labor Agreement between the City of Prior Lake and AFSCME Local 3884 representing Professional, Technical, Clerical and Maintenance Employees. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE ADOPTION OF RESOLUTION 96-79 AND RATIFY THE ATTACHED LABOR AGREEMENT PERTAINING TO THE RESOLUTION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. 2. 1996-1998 Labor Agreement between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320 Representing Police Sergeants. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE ADOPTION OF RESOLUTION 96-80 AND RATIFY THE ATTACHED LABOR AGREEMENT PERTAINING TO THE RESOLUTION. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. CC080S96.DOC PAGE 13 Minutes of the Prior Lake City Council 8/5/96 Meeting, printed 08/14/96 9:52 AM 9. OTHER BUSINESS: . The City Attorney requested an item be added to "Other Business" in the agenda. The City provided the Attorney with direction with respect to potential settlement on pending litigation. She has completed the settlement within the guidelines established by the Council and recommends approval of the settlement agreement. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE THE SETTLEMENT AGREEMENT AND AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. 10. ANNOUNCEMENTS/CORRESPONDENCE: . Councilmembers Kedrowski and Greenfield will not be available for the August 12 budget meeting. Staff is to poll the Council on alternative dates. . Kedrowski recognized Bruce Erickson, 16316 Northwood, who addressed the poor quality of the construction work on Northwood Road. Mr. Erickson said the curb cuts are already cracked with no heavy equipment going across it. The base is not compacted. A truck dropped into a hole and was hung up on the curb. And there are cracks and flaking in the new road as well. A lot of repair work will have to be done. Valley Paving is the contractor. 11. ADJOURNMENT: MOTION BY MADER, SECOND BY KEDROWSKI, TO ADJOURN. Upon a vote taken, ayes by Andren, Greenfield, Kedrowski, Mader and Schenck, the motion carried. 7 The meeting adjourned at 11 :06 p.m. CC080596.DOC PAGE 14