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HomeMy WebLinkAbout03 15 1976x 2 r! IRINUTO of the PrecwdiMa of the Ville" Council of the Vil lace` of hior I`ok" in the Ceunll+ of Seca and State of 0enecote. indud" ll ell Gccouats awlited_by eeW Cwncil. 11 4 March 15. 1976 I The Common Council of the City of Prior Lake met in regular session on March 15, 1976 at 7;30 P.M. in the City Council Chambers,. Mayor S called the M' t toe o order. Present were Mayor Stock, Councilmen Busse Oakes, Watkins, and tin0 a Williams, City Manager McGuire E ngineer Anderson,.. and Attorney Sullivan.. MINUTES The following correction was made, to + ` 3 paragraph fourteen, should read - M Minutes =of March 8,, 1976. Page one, ayor Stock, requested that the Engineers have° information on plans for Project 75 -3 regarding the low first cost of the trunk g oin g ` through; the pork, the trunk. running along Court Rood 21 "1 the sewer and water issue along Manitou Road paving, and inpi ass and e u 'i Meet mss during construction ready for a Special Court } o M - .on Wednesday March 10, 1976 'at 4:45 P.M. : Motion was made by Watkins to appro% a the .Minutes of Marrn 8, 1976 as amended, seconded by Williams and upon a vok: taken it was d y passed. ' SCOTT CTY'. Motion was made by Williams.to a '. FOOD b DRINK approve the Wine and 3.2 Beet License ,for the Scots Countyr Food and Drink Emposiium, seconded by Busse and upon a vote Herten it was duly ,.. EMPOR 1 UM passed . LIQ, LIC. VANDALS b City Manager McGuire is to check if'vacklalisms_and larcenies. are occurring in any LARCENIES SPEG.IAL AMtE�S special crew and report back to the Council. POL 1 CE Motion was, made by Wotkins to a f ' Pprove the Police Report for February 1976, seconded by Williams and upon a vote takew it was duly, passed. h.. s FI RE bRESCUE - Motion was mode by Busse to approve the Fire and "Rescue Re t for Fe ;.. seconded by Watkins and u n a February 1976, vote P� taken it was duly passed',.. t, NEW FIRE EQUIP Credit River and Spring Lake Township Boards will be,,invited to view.the new fire -equipment on March 29, 1,976 at 6 :00 P.M. { ORD. 76 -2 Motion was made by.Busse,to. adopt Ordinance 76 -2. an Ordinance the Use ' and Specification of Directional Signs, seconded by W was du passed atkins. and upon -a taken it , vote ORD.- 76 -3 Nbtion,was- mtodu: by W to adopt Ordinance 7 64anY Ordinonee. for the Establish- : merit of o Volunieer'Fire Deportrneni; an Ordinance Adopting the Minnesota Uniform Fire ,Code; on, Onlinance Adopting` the National Fire iCode; an Ordinance Imposing Penalties for a Person Interferif with the Fire Department in the Discha of it seconded. by Busse and upon a vote taken it was duly passed. ORD. 76 -2 Motion was made, 'by Busse to aMend the Motion adoptinsj Ordinance 76-2 to change section nine IOL read subject to a fine of not mare than OW upon a vote:'taken it was due $300. 00, seconded by Watkins Y Bossed. EQUALIZATION Motion , by Watkins to hold the Equalization Meetings on April 29, 1976 and MEETING PM , assed d. 1976.at 7 :30 P.M., seconded-by Williams and upon a vote taken it was duly DON RT I N 9 Mayor Sock requested that Don Martin provide the; City Council the documents needed for the Equalization Meeti b ng Y Monday April 26,: 1976, if 10mible. i MAPLE PARK M *or .Stock cal led the Publ Bearing to order on o the vacation f a forty foot strip RE ACRES of land in Maple Park Shore Acres.. , ;, Mayor.Sbck read the Public Notice. t g MINUTit ef, the Rrece�diegs of the Village Council of tlRe Vil Inge of Prior take in the County of Scott and Stele of Mienewte, including Oil aeeeunts audited by said Council. x MAPLE PARK Engineer Anderson _ _- . "SHORE ACRES presented information on the parcel' to be vacated in Maple Park VACATION Shore Acres. Mr. Fiereck asked who does the parcel belong if the ,parcel i 'I 9 .pa s vacated. Mayor Sock stated if would belong to C. O . Hw:ineri's hens. ' Motion was made by Oakes to continue the Public Hearing on the vacation of o forty boot strip of land in Maplel Park Shore Acres until March 22, 1976 at 7 :30 P.M., seconded by Watkins and upon a vote taken it was duly passed; Y `R OWS STORM Engineer.Anderson presented information regarding the Willows storm sewer for Council review and discussion. Mr. Robert Horn thanked the City Manager and the Engineers for the job they have don* in trying to solve their problems. CIVIL' DEFENSE SIRENS Engineer Anderson stated that the testing of the Civil Defense :limns will be next Saturdoy:March 20, .1976 c 2 :00 =ASSESSMENT HR Mayor Stock called the Assessment Hearing for Project 74 -9 to order. 11iR6J. 74 - Mayor-Stock read the Public. Notice:. a Engineer Anderson described the Project 74 -9 area being assessed, d. } Mr. Jack Berdan, Mr. Pat Flanagan, Mr. Vic Spironello, and Mr. John Stinnett ' were present protesting any difference from the estimated figure and fhe. final` figure for assessments. Mayor Stock asked Engineer Israelson to explain the estimated cost and the final Cost, why the increase and. what happened, what transpired, from the beginning at the preliminary.hearing;to -the time,of final construction. . Engineer hroelson stated at the time of the original hearing he had. contacted the::Highway.pepa 1 f, ta,we if they would participate in this project, because 4 was Y y silo icipate if they feel that there is a benefit to the hightw,.y. This brought Highway Department about two we eks before the,heur The Highway'Department ; .. eiisag on .this -was not unh) after the hearin g was scheduled. Engineer lsroelson stated he felt there was aAefinite benefit to the Highway r, Department and tharis why- it was, included in the orii not' sstimaM of cost: A ' the Mooing was concluded about After H y' Depar tment , . _two weeks after that, they did hear from the o * y hod rejected the concept that the had anyhenefit' , from this based on the fact shot they had placed a culvert in there when the i'n the highway and this solved thiir:droina y put problem. The Project Increase in cost -and sa ", of the: things: that ancreosed'<,the cost was an extension to the line, additional rip rap placed in this area,,ond additional sodding involved,, and s' all of these were not included. in the original estimate. Mr. 8erdgn asked w . , - by they. were not included. in the original cost. ' Engineer Istrehon stated that at the time they brought this thing up they not z foresee any difficulty, in ".cola , the job as ,,the had laid it out. Going back to the additional; length of `i R ' tip Pi pe that was i h red te'W that these pipes be stopped �+ • atenhed Beard prefers Aped as quickly as possible. Sodding was quite an extensive item, it was rather unforlsrnota th0at this time there was a series of very heavy rains and if there had been regular normal rain this 4 � .probably would never have been sodded, it would have been seeded, and once the turf had established Itself there would have been no need for sod. .r A4 MI"UnS of Mz t Meeedinp of the Vil • lase Council of the Villaoe of trier lake in Me Count of seeM and Srgik of Mieneseft, neluding Oil aaeunts audited by: said Council. ASSESSMENT �' ^�„HRG. PROJ. r� Mr. Spironello asked if rip rap was P P put in twice. 74 -9 Engineer Anderson stated that rip cap was installed incorrectly and was replaced at the contractor's expense. Mr. Berdan asked if there was any legal way to assess the State for this,Iaroject. Attorney Sullivan statad`if the State has declined$to pin the project that is all that can be done there is: no way, the City can wssess them.: Attorney Sullivan stated, that if th41 � . residents ;do not like; the. tesults,of this meetingr tonight, they have twenty days in which . to repeal the assessment,, this teas to be done in District Court, they have to contact a lawyer and have him file an appeal on the 'this assessment, is�Statotory and has be done within'the time limit.bLecause if it is not they have lost their rights to take any action against. C'ity , Mr. Don trown' statedsh& thought that the: assessor ent is higher thew it should be and :ill drew a diagram on the blackboard showing why he thought this: Mrs. Marl is Bluedom asked hew the exte nsion �of the pipe for Doh Brown can be added onto the project wifhout another hearing, Councilman Oakes stated them warn minor change in the plans in deference to pan Brown's request, the Council took note of need for an extension of pipe and did :a that this was necessary, and he asked'the City Attorney if it is -to make changes in•a plan. y possible' for the Council Attorney Sullivan stated that once the project has gone throught the Public Hewing ' . stage there might'be changer, they are only,estimates at the Public. Heari ng, it is not a• aronteed 9u price, : changes con occur and ,increases, increases" can occur, and, changes in the t design. concept ore legal Mrs. Bluddom asked why Don Brown" paid money back im the last week's Minutes. Councilman Oakes stated that in the course of the F project , thej$rawns. were put upon to do several things they never believed they would have happen to them, norAid the = Council,'. 5nme'6f these .wero tximan acts, some were contractor, eats; and some were acts of God. Several of the Councilmen and the' =City< Engineer were over to Don and Nancy's house on one of the nigh when you could wade through the lower I ' area of "ir with'boots =on'and 16 decide. what.was .ho ni hoed te'deoittw(th a situation involving a PPe � to, � � Council y ooupla thatAoSo:Iiv*Oem and have been great community citizens and the Council has responded to.thon and their , problem. Mr- Stinnett stat": that at the first meeting rr July 1974: the were: y' presented with an s,, estimate of $327.00on acre and thenthere was discussion about-the possibility of _ whether or not the highway would or would not participate and he left that meeting thinking thbt the- X3327:00 was going.to beadle. amount. if the. highway did not pa and if they did participate there,was a chance that this figuro might be ri ` , P The Council` had Herat d�scu lie ttg 're i - Project gad ct 74 9 ! Motion was made by Oakes to continue the Public Hearing on Project 74 -9 until March 29, 'x1976 at-7:00 P.M4 - 'seconded by Watkins and, upon,a.vate taken it was duly passed... _ PUBLIC HRG. J PROJ. -2 M ayor Stook called the Publ is �Haaring on. Pirolect 74 2n!� to order.`; . 74 -A z c Muyor Stock read the Public Notice. 1 -3- Motion was made F y ,',Watkins to adjourn the Public Hearing on Project 74-2-A, second d by Bum, upon a vote -taken it was duly passed,. Mayor 'Stock called the Regular Council Meeting back to order: .�PROJ. 74 - Motion was made by Oakes to approve the Final Payment M Peter Lometti` t 74 -3` FINAL Construction Com PAYMENT p°nr for Project 74 2 and 74 -3 in the cmount " of $69,8$9.23' and to retain ;1;000;00 for fhequeposaaof a;ps settlement on Mayes Road, ' f record by Watkins and upon a vote taken it was duly passed. v NODLAND Motion was mode by�Oakes to table Nodlan;l Change Order 0 6, seconded. by o CHANGE ORDER Watkins and upon a vote taken it was duly passed. � SUPPLY CO. _ _ Y - a pprove Final Payment to Norlhlead Supply Company NORTHLAND Motion was made b Oakes ^to a for Project 75 7 2 in the amount of $1,690.00, seconded by Watkiru and upon a a F 1) PA: v ote taken it was du passed; �, PRO 1) 75-7-2 , < -4- MiNUTU of >tM P of the Vil Mge Council of ttie'Village of Prior take in the County of Seats and State of Minnesota, including all amounts audited by said Council. ASSESSMENT E Engineer Anderson presented information and estimated assessments for Project 74 -2 74 -2-A M M r., Don Brown stated he thought that the cost of-Paving was included in the sewer and water project. ' Mayor Stock stated• that the pro ject was finished inr the Fall:of 1975, and the Council policy c Po ' Y ' is to assess abuttin property for blacktopping if the road had not been previously paved; an example is the Candy Cove Trail, which also had ewer cnd water installed " " in 1974 and was assessed for paving in 1975. The assessment for` this parcel was omitted from the original;; assessment hearing that the City held, this omission was not hound by thetity,Staff until February 1976 at,which time the Council then felt that the Council should a Public Hearing for this area. Councilman Oakes stated it;is entirely possible♦that could have believed that there would be no more assessment, ry Councilman Oakesstated thatr his tapet.said: that he -said that the, pgving would be included in the sewer and. water project.` Councilman Oakes; stated that;he asked that the previous hearing be read over and r r1 thought it was wise that it should be, because what has come out here, at least his own testimony, in regard to this road paving e g 'd tbletn into account by the'other z " "members of the Council and the Mayor as-the y deal with the he aring. Councilman Busse stated that Councilman, Oakes,... point of being in the project, he thought that Councilman Oakes was g going after that it be in the total project for the cost of the development of this road on the = overall p price; Counci man Oakes stated that what he intended and what came out irt the tapes and the Minutes are entirely • different, but this was an attempt M save for the hart piece of road, that these folks should not be put upon to, pay, the amount it i would cost to pave it, but it should be jweiin a bigger project so they would rot C C sj have to Pay' that much; and', this is why in; the first place it was not;done bock in ` E Eagle Creek Township days, in the second place that is why it was put in the bigger project. =� M Motion made. b Watkins to a � Y ' ap prove Project. 74 -2-A, semnded by Buns and , Upon a, vote,token 'it was: duly passed • . ., , Mot was made by Oakes, to hold an Assessment Hearing for Project 74 2�A art � �" G . P A it 1976 a • duly passed .