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HomeMy WebLinkAbout11 22 1982MINUTES of the Proceedings of the City Council of the City of Prior tl�ake in .the County of Scott and;State of Minnesota, including all account`s audited by said Council. I I i { I ^•. November 22, 1982 r The Common Council of the Ci +y o f Prior Lake met'in regular session on Monday, November 22, 1982 at 7 :30 PM in the Council Chambers. _Mayor Stock called the meeting to order. Present were Mayor Stock, Councilmen Busse, Schweich, Thorkelson, Watkins, City Manager McGuire, City Engineer Anderson, Finance Director Teschner, - City Attorney Sullivan and Engineering Consultant Norton. � Mayor Stock asked everyone to please rise for the pledge of allegiance. 7' The minutes of November 15, i982 were reviewed. s ,, t F Motion by Busse to approve the minutes of November 15, 1982 as presented, seconded by Thorkelson and upon a vote taken it mas duly passed. The next item on the agenda was Pat Delaney repr6senting the Mike Benedict,, V Easement. I;layor Stock asked Mr. Delaney to ,review this item for the Council. Mr.- Delaney stated that he was representing Mike Benedict, owner of Lots 4� -47,° Red Oaks Addition. He then passed out an affidavit of Michael O'Rourke, who was a partner in the law firm of Mr. Delaney's. He had comments regarding t the affidavit and the easement. • Mayor Stock then asked °City Attorney Sullivan for his ccmments� ;on the City's - 4 .responsibility in `the easement that Mr. Delaney referred to. City Attorney Sullivan stated that.the only correspondence'in the file was a letter dated September 25,;.1974 from Mr. O'Rourke to himself,, which stated, "Enclosed for your review -is a proposed temporary easement which will allow the adjoining landowners to the southwest, free access .across the Benedict property until such time the City of Prior Lake or other governmental:. 9 �authority provide alternate access." He further stated that a resolution was ` r� `then prepared, which was sent to,City Manager McGuire. The easement which a was prepared by Mr. O'Rourke was then reviewed. The h reso.lution.that was passed made no reference to the agreement where the easement "prepared by Mr. O'Rourke -does. Mayor then asked City Manager McGuire to refer to the minutes for the timing of the p;iatting for the property in question. j City Manager McGuire stated that the resolution that the City Council passed does--not in any way reflect that it was a temporary easement._ The City r , Council's resolution states that it is a vacation and relocation of a roadway din the Breezy Point Plat.- -The easement document that Mr. Ben4dict� Mrs.' dose states tfiat its temporary in nature until such time as the City of Prior , Lace or some'' authority 'not provides ,alternate access that 4 :document the City was not other governmental t involved [n, -that was ,between. the pr:i,vate.parti's. Mr. Delaney then stated that on August 20, 1974 his office supplied to the -`` City of Prior Lake a- fetter that was sent to City Attorney Sullivan, signed J by Mr. O'Rourke., Indicating that he would prepare a "Warranty Deed" for the 16' along the east boundary of the property, ' which is being used for the G " expans'ion of Breezy Point Road. The letter states, "L will send it to you for prIor`approvaI., likewise I w I sends proposed easement assuring the o adjacent landowners access to his property until such time the.vil'lage breaks through from the southwest ". -'\ Mr. Deianey.further stated that on September 25, ;1 974 6` letter was 'sent from Mr. 0•'Rourke to,0ity Attorney Sullivan stating, "I` have `.encIosed for your review, a proposed, temporary easement, which will allow the ddjoining land- owner to the ,,,quthwest, free access across the Benedict property until such time the City of Prior Lake or other governmental authority provides a i alternate access". then stated that no not ii�e was give to Mr. Benedict or the 0e1aney4Law Firm of the pl of the- Gat�way property. Mayor Stock asked City Attorney Sullivan if a recommendation could be given, based.on the'informatlon presented uy Mr. De'l'aney the information `Mr. Oakes c . presented i�at the C�unc i l meeting, in tie summer of ; 1982 and to the other informationsthat the City had. 1 ' 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 Attorney Sullivan stated that there is no doubt that there is a mis- ~ understanding to what was done at that time eight years ago. Within the ;." I correspondence that he had, indicating that�the arrangemFnt between.Mr. Benedict and' Mrs. Dose was one�for a temporary easement. However( that is a private =' arrangement. At this point there is no solution to the problem except to leave it as it is. i ,Mayor Stock stated that tin the basis of the data presented by both attorneys and from the inf6rmationlof the July 1982 meeting,Council should reaffirm its position taken at the meeting of July. 12, 1982. r � There was genera I d iscuss ill by Counc'i I . - Mr. Greg Holly, representative of Mr. Earlenson, current owner of'the Dose property had comments for the,Council \tihe Motion by Watkins to reaf f i.rm position that the Council took.,on J u l'y 12, _. ?" r 1 on the easement request, s c nded by Busse and upon , a vote.taken it was duly passed. Mayor Stock stated that the next item would be bypassed and the scheduled i Public Hearing would be tai,an next. Mayor Stock called the Reviewing the Status of Issuing Housin Bonds Public Hearin to order. The ub.lished no4ica 9 9. P 9 ' < was read. He then asked City Manager McGuireyto report on the findl.ngs of the 462C hour i.ng: w A City Manager McGuire stated that a meeting was held on November 4, 1982 with n the local buil'ders'to discuss the possibI1i'ty of Issuing "housing bonds. A :I commitment was needed from the builders by Friday, November 12, 1982 in order 6 to proceed 'He further stated that as of today there -had been no response` from the bullders that were interested. The major loss of interest from th,,_e - bulilders was the declining interest rate on the bonds and mortage rate, therefore ' At was h,is recommendation that no action be ,taken at this time. There wer comments by Counc!I, s , Motion by Watkins to close the public hearing for the Housing Bonds, seconded by- Thorkelson and upon a`vote taken this hearing was adjourned at 8:15 PM. Mayor Stock then asked Consultant Norton to review'the, status of the t improvement - projec on 42 and 13 - Brown and Cris. t y Mr. Norton stated that the contractor for the James 1st Addition, Gateway an ,, x' Pieasant Street is delinquent on completion of the project. He then refereed a a' construction payment- dated .November 5,_ 1982. This was�a letter from " OSM recommending payment for the amount of $30,632419.for.con;struction work done - by Brown ,& Cris A n October. The amount of ,work actually done'.and approved for i payment was $31,382.19, deducted from'that Was 15 days,of l iqua.dated damages $50.00 a day. I Mr,...tJorton- then reveiwed the. letter dated November 22, 1982 from the office of t - OSM to the City of Prior Lake. He stated that the other projects would not be completed and the total, amount of pending damages equaled $22,500.00• Mayor '.Stock then asked City Attorney Sul to comment on the pending damage, s charges of 522,500.00. U City Attorney Sullivan recommended that tfieCity' withhold payment of all funds, ' unless there i's between James Refrigeration and "thA contractor as to disposition of these funds.- . Councilman Busse askedj much had been paid oul already. 1 t G Finance Director Teschner stated that "had been paid out. tf� ,$149,553.95 Councilman Thorkelson asked what the possibility was of Brown b Cris completing this project if the City was to withhold al4h payments. r Mr,. Norton statedi� that it was unKnown.'' �' MIATES 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.. ' Motion by Watkins to withhold the payments to Brown & Cris unless,thFer6�is information supplied to the City by Mrz; James relative to the - disposition pf the funds to him and also that the City notify Brown & Cris.of this action, seconded by Thorkelson. - Mayor Stock..stated for the record that the estimated'etotal for pending S damages is $26,500.00. After further discussion by Council and Staff a vote was taken and the motion was duly passed. Mayor Stock then called the Sunfish Bay Road Improvements Public Hearing . to order. The published notice was read. Mayor Stock asked if any written or oral comments were received. City Manager McGuire,stated that he had received a phone call from tars: Schwaab today, stating that she did not feel the project was necessary at t this time and they do not want the additional assessment, therefore she wash ' opposed to the project. Councilman � Iman Schweich asked to be excused from the Council for this item. Mayor Stock excused Councilman Schweich and asked City Engineer Anderson to` i f review the project with the Council and the representatives of Sunfish Bay Addition. ' City, Engineer Anderson stated that last winter,a pe #ition was received from 15 property owners in the plat of Sunfish Bay,,requesting that the City of o Prior Lake take over the road and to also pave the road. - L•bst'spring he and s Councilman Busse held an informational meeting with the property owners to discuss the improvements needed. 'At that meeting 9,out of the 11 property owners present requested that the City conduct a public hearing for paving, of the street. Jim Norton reviewed the feasibility study that was done for this project. He stated an amended preliminary report for ttld work in`the Sunfish'` „street Bay Additi was delivered 11118/82, the reason =for an amended report was the fact that there was additional property owners included within the project. Mayor Stock then opened the Public Hearing to the floor. There were many comnents� by' the and i once. ' Mr. Bob Maute asked that the City give the property owners more time to - t ar consider this project: s There were requests from the audience that a'`different al gnment*be considered for, the road. w1 -. Mayor,Stock then asked the Council for their comments. 9 Motion by Busse.to continue the Sunfish Bay Road Improvement Publ,id 'Hearing im 2 weeks, December 6, 1982 for the purpose of another informational,meeting e` and that he`(Councilman Busse) would meet with the neighborhood again, seconded by Thorkelson and upon a vote taken it was ' duly - passed. Mayor Stock directed City Engineer Anderson to work with Councilman Busse U f ` and to work with the neighborhood and to come to an agreement. \' The next item on the agenda was to review the North Shore Crest Sewer & Water �C 1 and Paving Feasibility report, Mayor Stock asked Jim Norton to review the report. _ Mr. Norton stated that the estimated cost for the project is $2,447.00. There was general discussion by Council and Staff. Motion by Thorkelson to approve the Feasibility Report for the proposed project 82 -3 and that the Council direct City "Engineer to report back to'the Council as soon as he gets the final word on the disposition on the grant, �^ saconded b Busse and upon a vote taken it was du) Y' p y passed. � � ,� 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. The next item on the`agenda was to review the petition from Shad , Beach requesting "NO PARKING" signs. " y resets 1. City Engineer Anderson reviewed the petition received by the Council. o There was general; discussion by Council and Staff. � Motion by Watkins to accept the petition as presented and to post "NO PARKING" ' signs on Shady Beach, seconded by Thorkelson and upon a vote taken`it was > d u l y passed. The next item on the agenda was to review the Developers Agreement for. Lot 1, , 610cx 3 Brooksvii'le 6th Addit City Engineer Anderson reviewed the Developer's Agreement for the Council,. He stated that =the lot is a lot that the devel is currently working on to sub - di'vide Into three lots which would contain 3 fourplexes. The developers Agree- ment .is for $11, for the installation of 'a;sewer1 ine, the developer wou.!d .do the work himself and pay the $11,192.00 fee. He then stated that the, lot has�not been subdivided. There was.,general discussion by Council and Staff. I 'Moti on b. Busse to a }� - a Y pprove the Developers Agreement, seconded b' Council had further comments. After further discussion by Council and Staff,` Council voted nay on the Developers Agreement until the subdivision s approved by the " Planning Commission. The following invoices are scheduled for payment 'on Tuesday, December 7, 1982, z MISC. DEPARTMENTS , Deg!to Plan Insurance , � Bankers Life 663 7 5 Insurance 2,691.57 State Treasurer -FICA City Share of FICA Stare T,reasurer,PERA City Share of ERq <. 1,G07.39 4 :117.3i Locomen, �lelson,`Suil_IIvan Cole City Atl;orneys� q,7g0.1`1 Minnesota VaIIe Electric , Y. Uti I itie.; 491:11 Minnegasco Utilities, 635:27 Northern States Power Co. U +ilitfes` `Dan's Auto Repair { feh i c l e Repair i r 4,146.48 �. P 70.65 GENERAL GOVERNMENT Lawrence Schweich Lib a rary Rent't 40000 n Michael McGu i =re Re i mb for Con, erence ;-rw. 183.00 Ramona Hennen City Hall Cle6n.in9 110.00 Be v:Appenzillee City Hall Clea�nin Dolores Berens g 110.00 Lib , t rary - Cleanin Pitn Bowes g 50.00 Meter Rental Gerorge M. Hansen Co. 64.5' a Audit Books 40.;00 {, CONTINGENCY Close Architects C.Engh Professional Service x'5,000.0'0 OSM Court Reporter Service 167.70 ' Engineering Service f 384.75' PLANNING i Government Training Service Registration fee 25.00 ` POLICE \ F Richard Powell Reimb. for Gas " 15.20 Valley Tfre Tires 713.76 , t 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. FIRE $ RESCUE` Prior Lake Fire Department Conway Fire $ Safety Fire Call Pay 8 954.50 ,157.62 3 General Safety Equipment Supplies Supplies Hayden- Murphy Equipment Repair Supplies 34.33 32.25 PARKS & RECREATION Klingberg Excavating 9 Park 45.00 BIII Mangan Klingberg'Bus;; = `` Reimb. Conf. Exp. 15.00 Amos Crooks :- Bus Charter Rubbish Hauling 100.00 80.00 STREET American Lighting Co. Bulbs J.L. Shiely Co. Gene's Chainsaw Service Sand 8 Gravel 18.00 167.13 " \MacQueen Equipment Inc. Repair Suppl Repair Supplies 37.15{ .Earl F. Andersen Siwek'Lumber Sign`" 155.04 687.72 8 Millwork Ziegler Tire Service Snow Fence 8 Posts 730 .00 30 .00 Metro Fone Repairs Rental i Chapin Publishing Cummins Diesel Service ' Const. Bulletin Ad 32.00 102.60 �Carg l l , Inc.' Repairs Salt 5,171.67 1,357.34' x SEWER Clifford Shoquisfi Sewer Repair 116.00 WATER Water Products Co'. Van Waters $Rogers Supplies.', - 501.92 i ~ ,.Dynamic Systems, Inc Chemicals Repa I r'Suppr'ies, 279:39'" La'yne.Minnesota Equipment 54.71 3,803.50 PRIOR > LAKE CONSTRUCTION FUND Scott Rice Telephone OSM Loweri=ng ✓Telephone-cable 2,092.;30"_ .-- --�Eng i, veering 8 4 i -, " With no other comments, motion Thorkelson and was made by Watkins to adjourn, seconded by - upon a vote taken this meeting was adjourned at 10:30 PM. Michael A. McGuire i s City Manager rt,, I