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HomeMy WebLinkAbout07 12 1982MINUTES 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. July 12, 1982 The Common Council of the City of Prior Lake met in regular session on Monday, July 12, 1982 at 7:30 PM in the Council Chambers. Mayor Stock called the meeting order." Present were Mayor Stock, Councilmen Busse, Watkins, Thorkelson, Schweich, City Manager McGuire, City Engineer Anderson and City Planner Graser. Mayor Stock asked everyone to please rise for the pledge of allegiance. The minutes of July 6, 1982 were reviewed. I CORRECTI0N$ The following_ corrections are to be made to the minutes of July 6, 1982: PAGE 1, PARAGRAPH 6, DELETE will The Liquor License Committee recommended unanimously to the City Council that the liquor license for the Prior Place be renewed to Terry Masters. PAGE 1, PARAGRAPH 10, DELETE the Zoning Ordinance with respect to other properties in the neighborhood and that it does not result in 4,• undue hardship. PAGE 1, PARAGRAPH 12, INSERT was received j C City Planner Graser also commented. He stated that a letter from the abutting property owner was received giving the Tandberg's permission to come - within 6 feet of their common proPerty Line. e. ti PAGE 1, PARAGRAPH 16, REWORD The next item on the agenda was Jim Spaces Rezoning Appeal PAGE 1, PARAGRAPH 17, DELETE Denial INSERT Appeal There was general discussion on the " Rezoning Appeal by City Planner Graser, Council and Mr. Space. PAGE 1, PARAGRAPH 18, INSERT Planning Commission Planning Commission..and Staff recommended to deny the Rezoning and - investigate this issue. PAGE 2, PARAGRAPH 15, REWORD There was discussion by the Council to have City Engineer Anderson review posting i ..� "No Parking" signs where there are narrow roads for emergency vehicles to get through. PAGE 2 PARAGRAPH 19, DELETE establishing opting out of INSERT alternatives to establish a consulting program to evaluate alternatives to the MIC System PAGE 3, PARAGRAPH 3, ' REWORD City Manager McGuire stated that Bill Henning has been prosecuted and that he has been to court. MINUTES Motion by Thorkelson to approve the minutes of July 6, 1982 as amended, tea s seconded by Watkins and upon a vote taken it was duty passed.- 1i:KE uAIR -SITE The next item on the agenda was Mike Ga,ir's Site Plan. .Mayor Stock asked PLAN City Planner Graser to rev i ear` this. item. 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. City Planner Graser stated that the proposal is by John Fitzgerald and Bill McDonald, Mike Gair is the planner for the two individuals. This , request has been brought to the Council on two other occasions, at which - time it was reviewed in part. The problem at those times were the density calculations, the reason f6r the tabling of the issue was to determine the outcome of a subsequent zoning hearing for James Space. The James Space rezoning hearing was held by the Planning Commission and heard by the Council and was denied. He further stated that the applicant has two alternatives that he could take. 1) The applicant withdraw his application or or the Council table the issue until the County Road 21 design and Railroad corridor is decided. 2) To proceed with the concept evlauation based on the y existing residential property. The applicant must realize however, that it is sfi.a_I conservation zone. Mayor Stock asked if the owners or the planner would like to make any comments. _f Mike Gair had comments,for Council and Staff. Mayor Stock asked City Manager McGuire to review the update on the trail ; corridor system: City Manager McGuire stated that the tt will cross the wagon bridge -and not at the tressel bridge,, but we do not have a definite committment from the Scott Hennepin Park Reserve District. i + Councilman Busse questioned the width of the easement and if they would need any additional property. City Manager McGuire responded,.stating that the bridge would be somewhat wider. The trail iteslf will follow the road alignment from the wagon bridge to the west and north.' _ x Councilman Thorkelson stated that he felt that we would need documentation , from the Park Reserve District and the County confirming what their plan is. 1 l There were other comments from Council and Staff. „ .:.. Z-1 ?P" APPROVAL Motion by Watkin's to allow the applicant to proceed with the concept evlauation ' MIKE GAIR - based on the property being residential use and that the applicant also postpone SITE PLAN any action until that time that the Railroad matter and the Park Reserve Board have acted on the other outcome and that the rezoning of this property be handled at that time that the Comprehensive Plan and Zoning Ordinance is amended, seconded by Thorkelson and upon a vote taken it was duly passed. Mayor Stock received a Fetter: from the Prior Lake Association opposing the use, of; Pl1D he read the letter for the record. JOHN BRADLEY The next item on the agenda was John Bradley's Subdivi -sion Concept Review, g s SUBDIVISION "Mayor Stock asked City Manager McGuire to report on this. ' i WITHDRAW OF City Manager McGuire stated that it was the request of John Bradley to withdraw REQUEST. this item from the agenda permanently. BIDS FOR Mayor Stock then asked City Engineer Anderson to review the bids for the Equipment EQUIPMENT that the'Council had authorized the City Engineer and City Manager to proceed } with.` City Engineer Anderson stated that on July 8, 1982 at 10;00 AM, the City received bids for one 4 -wheel drive pickup, one cab and chassis, one dump °body, one snow plow, one sander, one backhoe, one, jet machine and one used sewer cleaner. Twenty -three dealers requested specifications for the bid. Out of the F f 23 dealers:that'requested specifications, 12,dealers submitted bids. The first item was one 4- wheel drive pickup, one bid was received from Mahowald x k Motors for the amout of $11,190.00, they did not specifya delivery date, r it was recommended to-award. the bid to Mahowald Motors._ ' i City,Engineer Anderson stated that there were 8 dealers that-requested specs. - for both the 4-wheel drive and cab and chassis. - y a i' z MINUTES of.the Proceedings of the City Council of the City of Prior, .Calve `in the County of Scott and State of Minnesota, including all accounts audited by said Council. ;MHO ^MORS Motion by Busse to award the bid to Mahowaid Motors for the purchase of a ^+ K.0 Chevorlet 4 -wheel drive pickup, for the amount of $11,16. 0 0.00; seconded '' by "Watkins and upon a vote taken it was duly passed. The next item was for a cab and Chassis, Astleford Equipment Company in Bloomington submitted ' a bid of $18,260.00, it was for an International '" 1f1724, he specified in his bLd that it would be delivered no later than 120 days, it was recommended to award the bid to Astleford Equipment. ASTLEFORU EQUIP. Motion by Thorkelson to award the bid to Astleford Equipment Company for the purchase of a International #1724 'cab and Cha4sis, for the amount of z $18,260.00, seconded by Busse and upon a vote taken it was duly passed. The next item was a dump body, 5 bids were received, 1)Garwood- $7,355.00, 2)LaHass- $6,181.00, 3)'MacQueen- $6,799.00, 4)'Midland Equipment- $6,395.00,and 5)Truck Utilities 8 Mfg. Inc.- $5,887.00, the lowest being from Truck Utilities out of St. Paul, they quoted a Gal'lion"U400 with a delivery date of 30 -45 days, it was recommended to award the bid to Truck Utilities d Mfg. Inc. i TRUCK UTILITIES Motion by Thorkelson to award the bid to Truck Utilities 8 Mfg. Inc for a Gallion U400 dump.body, for the amount of $5,887.00, seconded by Watkins Nod and upon a vote taken it was duly passed. The next item was for a one way reversible snowplow, Garwood out of Minneapolis submitted a bid for a Falls 311R, "for the amount..of $4,324.75, b MacQueen Equipment submitted a bid for $4,617.00, it was recommended to awared the bid to Garwood. , GARWOOD Motion by Watkins to award the bid to Garwood for a Falls 3114 reversable snow plow,'for the amount of $4,324.75, seconded by Busse and.,;upon a vote- taken it was :duly passed. ' Requested bids on an American Road Machine q #TG505 sander; no bids were ' submitted, Itasca Equipment picked-up a set of specifications for it. Two quotes have been received since the bid opening, one from Itasca Equipment for $1,988.00 and the other from Trans Iowa' Equipment for $2,180.00, it was " recommended to award the quote to It Equipment. ITASCA EQUIPMENT Motion by Busse to award the quote to Itasca Equipment for the American Road Machine #TG505 sander , for the amount $1,988.00, seconded by Stock and upon a vote taken it Was duly passed. The next item was for a backhoe, five bids were submitted, 1)Carlson Tractor & Equipment Company - $25,585.00, 2)Case Power & Equipment- $24,435.00, Minnesota Tractor Company submitted 2 bids one for.$28137.00 and the other for $30,397.00 and 5) Valley Equipment- $22'307.D0, it was recommended to award the bid to Valley Equipment. Mayor Stock stated that he had received a letter from Case Power &,Equipment, copies sent to Council, regarding the specifications for the tractor backhoe. He asked City Engineer Anderson to review the specifications and what transpired. City Engineer Anderson requested that Mayor Stock read the letter that was received. Mayor Stock read the letter forrthe record. r r ; ,.City Engineer Anderson commented to the letter and .reviewed the specifications. q Mayor Stock asked City Manager Mc6u•ire to comment as to the legal opinion on the matter relating to the:spec_ifications. =„ .City Manager-,,McGuire stated that he had talked to Glen Kessel from the City Attorney's office and it is his opinion that the Council can award to the ` low bidder, in this case, Valley Equipment. If the piece of equipment is being warranted -by the bidder and it it resembles the piece of equipment that was specified, it really gets down to where it was manufactured: Secondly, the Council has the right to waive irregularities in the contract langua ge or ' in the bid. So based on those assumptions Mr. Kessel felt the.Cou,ncil did have that authority. City Manager McGuire further stated that he would also " recommend and'reaff the Staff's position that the award ,go the Valley Equ '- MINUTES of the P Proceedings of the City Council of the City of Prior Lake in the County ;of ?', a Scott a and State pf Minnesota, including all accounts audited by said Council,. 1, �. g Cit.y °manaer McGuire asked City Engineer Anderson if John Deere installs the 1 ` b backhoe. City Engineer Anderson stated that he was not sure, that the ; epresentative from Valley Equipment was present and could answer that question. John Sevick, Valley Equipment's representative stated that either.John Deere or ,a authorized dealer would do the i n s t a l l i n g . C Councilman Schweich asked if there was any reason we were downgrading from a 401C to a 310 mode'I. C City Engineer Anderson stated that the 310 was actually bigger than the 401C, ° t the model numbers do not have anything to do with'the size VALLEY M Motion by Watkins to awared the bid to Valley Equipment for the backhoe, for EMPi1PT t the amount of 522,307.00, - seconded by Busse and upon a vote taken It was duly passed,. r Q ; The next item was for a jet machine, one bid was received for a Meyers MHD4- �I MINUTES of the Proceedings of the City Council of the City of Prior Lake in the County oF Scott arAd State of Minnesota, including all accounts audited by said Council ". (! AWAF OF.PROJ.. is Motion by Watkins t o award the bid in total for Projects #81 -2', 82 -1 and 82` =11 to Brown & Chris, Inc. for the amount of $260,457.80, seconded by TO i & CHRIS Busse and upon a vote taken it was duly passed. PETIThON FROM The next item on the agenda was to consider the .petition that was received ti RESIDENTS ON from the residents on Lakeside Avenue. Mayor Stock read the petition for 4 LAKESIDE_AVE."ME the record. He then asked City Engineer Anderson to bring the,Council up to `date on the status of Lakeside Avenue and what has transpired. �i City Engineer Anderson stated that a petitionwas received from the residents back in'1980 from Pleasant Street to county Road 21. Councilman Busse ". and.h•imself had met with the residents at that time to discuss paving and,,,. = storm sewer, residents were advised as to the cost of the project; Mayor Stock asked if there was anyone that would' like to make any comments ; relat'iye:to the petition. ; ' There were may comments from the petitioners. They stated their concerns. 'regarding the paving of Lakeside Avenue and also haveing the road checked } as to where it is actually suppose to be. `The was also comments from those Y who did not feel the road needed to be paved. I City Engineer Anderson stated that before the road would be paved a public hearing would be held. He further stated that he would meet with the neigh - borhood before the actua'i' hearing. Lf '• A question was as!k'ed that if the road was not paved if the road could be re - `. eatablished.,, Mayor Stock directed City Engineer Anderson to establish the roadway and '.. that the'road grading be established within those right -of;way lines. Mayor i Stock also asked Councilman to assist City Engineer Anderson and to f meet wl`th the neighborhood. T ming-.was not set at the meeting,.but City Engineer Anderson stated'that he '£ would contact Councilman Busse and Steve Weldon l Reve w ould then contact the n eighbors. _ Councl�,Vman Thorkelson asked what would happen to the storm water once County ' Road 21 is !upgraded. Mayor Stock stated that would be part of the directi 4114 _ PARLOR Mayor Stock stated that the next item on the agenda would be the letter i . ti receIVed'from City Attorney SuIII regarding the Bingo Parlor 'on the 1 nd I an" Reservat i on. { ,. 6 City Manager McGuire.revi.ewed the letter.` Sack Oakes; concerned resident by he Indian keservation had, oomMbnts. for - the Council ;and Staff: 'His main concern was the 'public "s'safety, thi -a being fire /smoke, traffic /vandalism and sanitation. it was recalled to the Council past incidents out there. There were may comments by.Councii and'Staff. It was =also council's concern on the `public's safety aspect. Another item that was brought up was where the people were going to park, The planned area not =pzrt of the reserv- ation. Ma or'StocK stated that Counci'I will have to act immedi ate �l`y with the 1 problems. The parking, on the basis of the C - Ityts Ordinance 'is not a per- m itted use, they should be informed of this. The,public's safety both with the Police and,FireDepartmentsshould be looked at car6fuily as well as pollution. City Manager McGuire stated that he had'spoke to City Attorney Sullivan regarding an Environmental Impact Statement on the Reservation. C ity Attorney Sullivan stated that he could not give an opinion immediately, but it was a.possibility. 1 4 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. City Planner Graser stated that anoth f th C't I e d y A, r orm e t y cou go through would be ='Metropolitan S'i'gnificance, which is a situation where land use may be in conflict with an area wide plan. This would bring the Metropolitan Council into it. RESOLUTION Mayor Stock requestedthat for the next meeting, staff be directed to prepare STATING a; resolution that the Council can adopt, addressifig the issues that have been CONCE.RAS discussed this evening and therefore, that it be sent to the other agencies that are involved. i Councilman Thorkelson requested that a letter from the Mayor also be sent to the agencies. 14IKE The next item on the agenda was to review the easement through Mike Benedict's BENEDICT'S parcel. City Manager McGuire reviewed this item. A City Manager McGuire stated that he had spoke with Mr. Jack Oakes regarding ' this issue and that Mr. Oakes was present for any comments. , i Mr. Oakes stated that the issue was if Mr. Benedict was suppose to have 'provided the land for the roadway. His recollection was that the <road that provided access to the Dose property was over he property that Mr. Beredict had acquired and as a trade off, taken in two pa rfs, if the easement were not acquired by �. someone else that providing easement, then Mr. Benedict would be required l` to provide a roadway so that the Dose property would not be blocked, in return ##. for the consideration bf: having hjs- property amalgamated. i Mayor stock then stated that it would be the City's position to do nothing with , ~� Mr. Benedict's request, it would be his ob`ligat,ion. Mr: Oakes then stated that the issue =st ,1l remalins of whether or not the City ; ," provides the accessto the Dose property in return for the 'forgiveness of public utility charges on the five parcels. If the City ' could find another way into , the Dose property that would allow him forgiveness. He further stated that =` it is incumbent of Mr Benedict to provide. that access because it was there before prior to the ( combi..nation of the three parcels, to he has the'respansibility to provide th's access to the Dose property. .: 4 ADO�T AV Motion by Thorkelson to adopt Mr. Oakes statement "that it is incumbent on Mr. 1 z?AKES STATE Bened'i�ct`to protiide` the access because it was there before, prior to'the.comb- I' tion of the parcels, so he has the responsibility to provide the access ", and that it be sent to Mr. Benedict as the Council's position, seconded by Watkins and upon; a vote taken it was duly passed. RAILr20A0 Thd'"next ,,Jtenl on the agenda was the update on the Railroad Right =of -Way R_07W Acquisition, City Manager reviewed this with the Council.: U City Manager McGuire stated that the offer that the City had,made for two parcels of land to the Shakopee /Farmington Association was , $20,8i3.00. The S response form the attorney representing the group, stated that they do not accept a our offer for two reasons`. 1) Appraised value does not follow, we took a lesser amount, l`) We 'on I y increased ,the appra l sed' amount by 8% rather than 10% for the one .year appraisal. Scott County's, offer has been accepted. r , i There was comments by the Council. i ! SUBMIT. WER'Mofion X27440:00 by Thorkelson to submit an offer of $27,640.00 to the Shakopee /l=armiri'gton Association, seconded by Schweich and upon a vote taken•it was duly passed. Mayor Stock asked if there was anyone that would like time on the agenda. No- 'one did. Counc Busse requested that somaone check out the parkland by the °Senior High ' there are items out there that are not part of the park. i Councilman Watkins asked that the Council be informed in advance of the CcuncI i ,. meeting on other than routine items being discussed at the Liquor License Committee y A, ' - Amer ican.Linen :1 I% Bu i i d i ng Maintenance 109 +0j7p; Bob Ban itt Con s t' Retainer Refunds 200.100 ' Charles es Schma I tz' ' ... (� r, Overpayment oaf surcharge.�refund' 11 X1.5 Richard Roe Overpayment of surcharge - refund 15:u0 U . Prior Lake Assn.i Contribution "500: , Paul Edward Sunwirs Liquor IIcens� Refund 1. ! 3,450I Mayor and Council S;aliaries 1.,,050:(00 Ml MWCCaeI J�.a McGui r Car AI iowance �f 275.00 SAC Charges r ,1 ! 2;9415 25 `�• David Ernewein� . Ref, und ��on Towing Bid �� �; _ 100 "00 y ' Prior Lake Nursery {i Tre'e Inspection fees ,I 885.00 n ENGi NEERING ` 1 ,' Ac +,ion Messenger ii ii Messenger Service Mah.owa I d Motors �' Re airs t P M 14�i.52 'r Contractors MA C h i 3ry 8 .Supp 1 y Sma 11. Too i Is 41 k POL I CE Ben Frankl l n' ; } F i I !'Deve lop i ng ;n 5.81 E - Z Stop „ 1 Gas` 122.82 A i rComo, Inc. I Re PSI i rs Gene Smith 16 ` 1! 67.00 i Mileage 9.60 ? ,. Civic Supply Comma y Supplies 38.25' r FIRE 8, RESCUE George M. Hansen 'Cci.. Aud i it 1 ng . 450.00 Scott County AirITruck Dues 100.00 t MINUTES of the Proceedi.,ngs of the City Council o of the City of Prior Lake in the C County of t t 1 Scott and State of Minnesota, including all accounts audited by said Council. City Planner Graser had two R.L.S,. "s that he requested he approved b by the C Council. APPRUNG OF M Motion by Watkins to - approve the R R.L.S. that Ronald Swanson submitted, t the p ro Oakland Beach seconded'b y Thorkelson,, n' a and upon vote taken it was duly p passed. - Motion by Watkins to a pproVe the R R.t.S. as submitted., known , "B ", , seconded by Thorkelson and``upon a v ,as E ,• ; ; INVOICES - T The following invoices are scheduled f for payment on Tuesday,, J u l y 20,1992: MISC. DEPARTMENTS Bankers Life ' '' l,nsurance 2 2,505 16 Ames Office_ Supplies O Office Supplies 3 34.24 Hausers Super Vale" M Mi sc, Supplies 1 17.6.0 OK Hardware M Misc. Supplies ` 3 305.0' L6mmen, Sulllvarb b Cole A Attorneys 1 10,158 5 �; = Prior „Lake Lumber M Misc. Supplies 406.39 _'Webers Auto_ Supply M Misc. Supplies 2 292 `15 1 1 � ` P Parts Dept. Inc. M Misc. Supplies 7 7�69 f Coast to Coast Stores M Misc. Supplies 3 36. ' ' + Charles Tooker; P Planner n 6 600.((1 ” S Prior ;Lake Aggregates S Street I Park Repair Supplies State "Treasurer S State Surcharges 720.1 GENERAL GOVERNMENT LaBelle 's ��'� [ BUildin Su lies � 67 "36 i i " B Bab-McAllister �` J A Animal Control 3 320 ()G► Scott L i n i c i Animal Control t , 90 l I E.H. Newstrom it j i ll A Bu.ildi"ng and,Pfu'mbing Inspect. 1 l)' I Prior Lake Amer Ercan 1 1 ( P Pub I i sh i n`g 1 124 1715 _Pearson FIUrists;t'. F Flowers MFOA � S Subscription 2 20'5