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HomeMy WebLinkAbout05 16 1983M LVUTES of the Proceedings of the City Council of the City of Prior Lake in the County of Scott and State of Minnesota, including a,'l accounts audited by said Council. May 16, 1983 The Common Council of the City of Prior Lake met in regular session on Monday, May 16, 1983 at 7 :30 PM in the Council Chambers. Mayor Stock called the meeting to order. Present were Mayor Stock, Councilmember Busse, Scott Thorkelson, City Manager McGuire, City Engineer Anderson and Parks do Recreation- Director Mangan. Councilmember Schweich was absent. Mayor Stock asked everyone to please rise for the pledge of allegiance. - x The minutes of May 9, 1983 were reviewed. The following corrections are to be made to the minutes. PAGE 1 PARAGRAPH 18: SPELLING Mr. Hullet r PAGE 2 PARAGRAPH 12: DELETE and a SHOULD READ how they saw the Library growing. The City asked if there was any way the "Friends" could help offset the initial cost. PAGE 3 PARAGRAPH 12: SPELLING - recreational MINUTES/ Motion by Thorkelson to approve the minutes of May 9 as amended and the INVOICES list of invoices that are scheduled for payment on Tuesday, May 17,, 1983, seconded by'Busse and upon a vote taken it was duly passed. SAND POINTS The next item on the agenda was to consider the Developers Agreement for'Sand 3rd'ADDITION Pointe 3rd Addition. Mayor Stock asked City Engineer Anderson to review this DEVELOPERS for the Council. AGREEMENT ' City E n g inee r y ng r Anderson reviewed the request for the Council. He stated that he Ali had a signed Developers Agreement, dated May 16, 1983 for Sand Pointe 3rd Addition. This is a two art,develo ers a reement for phases I p p g P , II. He the went over the agreement for the Council. There was discussion by Council and Staff. '} Motion by Busse to authorize the signatures for the .developers agreement for Sand Pointe 3rd Addition, in the amount of $106,218.50, seconded by Thorkelson `upon and a vote taken it was duly passed. FULL TIME PARK The,next item discussed was the request-from the Parks & Recreation Director KEEPER Mangan for O establishing a Full Time Park - Keeper, position. Mayor Stock asked Director Mangan to review the request for the Council. Director Mangan stated that the department has one full time permanent Park- eeper on staff now and bne full time temporary Park- Keeper. The Parks and Recreation Department has budgeted for one additional full time employee. The person that has been working as a full time temporary Park - Keeper has been with the City since April of 1982. It is staff's recommendation at this time_ ' that,.Bruce Clobes be promoted from Full Time Temporary to Full Time Permanent ' in the position of Park- Keeper I. r There was general discussion by Council and Staff. Motion by Busse, to change the Full Time Temporary Park-Keeper position I, to Full Time Permanent on the basis of the discussion, seconded by Scott and upon a vote taken it was duly passed. The next item discussed was also for the Parks & Recreation Department, Director PARK54 tEC. Mangan requested the Council authorize scheduling a date for the bid opening T PICNIC..SNELTERS the picnic shelters at Watzl's Point. There would be two bids, 1)for the mat - WATZL S POINT. erials and 2)for the actud 1 construction. He then - reviewed the two types of 4; shelters and.where they would be placed. Councilmember Busse asked if bathroom facilities would be installed. d4 ....�. .. € � R . ef � V{'(�fkt� � �� 'e � .fi'� } �t Y 4 S #C 1 1 5., ', .R. �} A i . 3i:• . . K ..r . MINUTES of the Proceeding:. the City L it of the City of Prior Lake in the County "of Scott and itate of Minn.sota, including all accounts audited by ,. said Council. i Parks & Recreation Director Mangan stated that everything would be ready 4 for hook -up but the sewer lines have not been installed yet. Satellites were going to be placed out there for now. There was further discussion by Council and Staff. Motion by Thorkelson to authorize the advertising for bids for the 2 picnic shelters as plans and specifications hereby approved, with a bid opening date set for June 9, 1983 at 11:00 41, seconded by Busse. Councilmember Busse asked since water is available out 'there, would it be possible to put in a sealed tank. " Mayor Stock directed Parks & Recreation Director Mangan to check into getting sealed tanks placed in the park. Mayor Stock then called the question and upon a vote taken it was duly passed. City Manager McGuire then reviewed the progress on the acquisition of property PARK ROAD ACCES for the park access road, an agreement has been negotiated with IDS for buying i ACQUISITION the entire parcel, which is approximately 21 acres for a total cost of $42,000, He then recommended that the City purchase the entire parcel, he stated that we could re -sell it at very little loss for the roadway coming out. V' There was discussion by Council and Staff. Motion by Thorkelson to authorize the purchase ofr.the land for roadway purposes from IDS in the amount of $42,000.00 plus the specials, and that the money be authorized from the general fund, seconded by Busse and upon a vote taken it` was duly passed. ` Council then discussed -the other land that the City is trying to acquire for park road purposes`. 4 MONTHLY REPORTS The next item on the agenda was the monthly reports. 'POLICE Motion by Busse to approve the Polibe Report,for the month of April as submitted seconded by Scott and upon a vote taken it was duly passed. DOG CATCHERS Motion by Busse to approve the Dog Catchers Report for the month of April as submitted, seconded by Thorkelson and upon.-.a vote taken it was duly passed. r BUILDING PERMIT Motion by Scott to approve the Building Permit Report for the month of April as submitted, seconded by Thorkelson and upon.a vote taken it was duly FIRE do RESCUE Motion by Thorkelson to approve the Fire and Rescue Report for the month of April as submitted, seconded by Busse and upon.ia °vote taken it'was duly passed. Mayor Stock directed City Manager McGuire to send a letter to the department commehding them for the <fine job that they are doing. Motion by Thorkelson to approve the Finance Report for the month of April as FINANCE submitted, seconded 'by Busse and upon a vote taken it was duly passed. SAND POINTE Parks & Recreation Director Mangan then reviewed the Sand Pointe Neighborhood NEIGHBORHOOD 'Park. PARK : There was general discussion by Council and Staff. City Engineer Anderson then asked the Council to authorize the City to start PR03ECT 83 -2 nrofect 83 -2 for the construction of concrete curb and gutter, storm sewer, sidewalk -and bike path, and that OSM� design and construct this project. Motion by Busse to' authorize project 83 -2 and that OSM be the consulting` bngineering -firm in charge of preparing the ffnal plans and specifications,, seconded by Scott and'upon a vote taken it was duly passed. City Engineer Anderson stated that onothe same issue, originally the City was thinking that we would blacktop Crest Avenue and Carriage Hill Road in 1983 but the time we get it through the State Aid System and approved, this would not be able to be completed until September 15. Bypasses would have to ' fix. kr 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. �d be constructed so traffic will be routed through Sand Pointe 3rd Addition. There was further discussion by Council and Staff. With no other comments, Mayor Stock called a recess until 8:30 PM. Mayor Stock called the meeting back to order at 8:30 PM, the next item on the JOINT MEETING agenda was the Joint Meeting with Scott County, Spring Lake, Sand Creek and SCOTT COUNTY, Shakopee to discuss the ,number of members on the Watershed District Board. SPRING LAKE, Mayor Stock thanked those present for coming to this meeting and asked Scott SAND CREEK, County Administrator Joseph Ries to brief the people present on the pro- s SHAKOPEE, PRIOR cedure that he felt is necessary to resolve the question at iand as far as the LAKE number of watershed,managers. ` County Administrator Ries stated that the reason for calling this meeting was to review the options under the Water Management Act, in terms of selecting the means of selecting watershed board members as well as the number of board e members that would best meet the needs of the watershed district. Mayor Stock then asked Vice Chairman Anthony Worm to comment. Vice Chairman Worm reviewed the boardmembers that were present. He then x stated that we were here todecide whether or not the board should be increased from 5 to 9 members, and that the new law allows us to do that with certain recommendations from each governing body to the water resources board and they will then determine the number. This does not mean that all have to agree on the number of members on the board, but recommendations will be taken. Tonight we need to discuss the pros and cons to arrive at a solution. p a Mayor Stock asked County Attorney Kathleen Morris to brief everyone here on Chapter 509, and what impact it will have on the County and the governing bodies within the County. County Attorney Morris stated that what it is boiling.down to is, if the different Councils, whether its Prior Lake, the County Boards, Spring Lake Township for examples, decide they want to :raise the number of managers or if they don't want to raise the number, the watershed board is really looking for what we want to do out here in the Spring Lake /Prior Lake Watershed District. It is clear, if we can all arrive at a consensus of what we want, for example, if the City of Prior Lake wants 9 or 7 or wants it to remain at 5, if the County wants that or Spring Lake and Sand Creek Townships want that then everyone should .come together with a Joint recommendation and basically want what we that is exactly what is going to happen. Mayor Stock then asked County Attorney Morris, on the basis of Chapter 509, he had attended -a township meeting at which time Bill.Schmokel and the Planning epresentative made a presentation on Chapter 509, it sounded dike each watershed district will have a board of managers for example, Prior Lake can fall in possibly 4 different watersheds, each one of these would have an impact upon the community, is that the way you see that Chapter being? Morris stated that she thought that is the way the Chapter could be if carried i out to its fullest, but did not feel this would happen. If it is determined that everyone wants to work together, then we will come down with watershed districts like we have with the Prior Lake /Spring Lake Watershed District. Mr. Joe Ries asked that Ms. Morris touch on the options in approaching the townships and the municipalities giving input to the selection processoas well. 4 Morris stated that any time there is an opening, what we would ask for and what is suppose"to happen, 'if you would nominate 3 people to be one of the " managers. They would come to the County Board and then the County Board, would make that decision. If there is not any .input from Spring Lake or the others, then the County Commissioners would make that selection on their own. What they're asking for is any input on who would do a good job on the water- shed board. She further stated that we are really concerned that there have been a lot of problems with the Spring Lake Watershed, and we're interested In doin what ever we can to get all, both Townships and the City and the County working together so we can solve some of the problems. J MINUTFS of the Proceedings ut , kuull�, , of ;.ne City of Prior Lake in the County of Scott and Sta. .f Minnesota, in hiding all accounts audited by said Council tt Mayor Stock asked if the Spring Lake Township had any comments. Willard Brandt asked if going to a 9 man board would have-any benefits. Commissioner Koniarski stated that one of the benefits would be a broader representation. .Mr. Brandt stated that if you are going to a nine man toard,the budget would a need to be increased Just that much more, and the expenditures would increase. He stated that he wondered if the value of holding more meetings or having more people at these meeting would really come out with any benefits. Sand Creek stated that they have tried to find someone to represent them, but nobody wants to serve on the board. Commissioner Worm then stated that he understood that Chapter 509 may become a state wide law and since it covers so much territory, the County Board could _be - the watershed board eventually and cover the whole county. Mayor Stock stated that if Chapter 509 was to be brought out to its fullest g degree, he could see 4 boards operating in a specific watershed district within the City of Prior Lake causing a great deal of confusion. He then asked Ms. Morris,_ on the basis of the laws, could the County have an advisory watershed board that would be an advisory capacity and yet the County Board would still make the final decisions? r Morris stated that with the way the Prior Lake /Spring Lake Watershed District Is set up it could not be done at this time. A petition with 25% of the people . within the watershed district would have to ask that the district be done away with. Commissioner Stromwall then commented. He stated that it doesn't appear that there is any real possibility of approaching the state with a petition to ` distiand the watershed, you would have to prove that the watershed serves no public purpose. He further stated that when the original watershed came into e xistence and the 5 managers were appointed, the scope of what this watershed \ district was going to accomplish appeared much more limited than it is today and in comparison to where we may be going. Tom Watkins, spoke of the complaints. He further stated that he did not feel he could attack the i ntegrity or the intentions of any member of the watershed board or their consultants, but in a very positive manner,.it would be difficult for the County to take it over but then again the watershed i legislation was probably_ established to handle watershed areas, topography that goes beyond municipal and county lines.and for that reason it has been a handicap to the managers and their consultants through the years. If the County Commissioners and the County Staff could understand that they could study this thing and say there is a more 'cost effective way to handle this problem, where the County Commissioners assume the responsibility of the ; watershed district and still have a watershed board which would be an advisory board where you could get input, from all the townships and municipalities within the county. He further stated that we must approach this in a positive way. Cleve Mickley had comments for the Council. He stated because of problems that came up last year they had gotten a late start, and instead of finishing ' In September, winter caught them unfinished. He referred to a chart that had been done up showing what the lake elevation would be if the outlot had, been opened and Spring Lake hand never been dammed. It showed that on _ay 10, r 1983 the water elevation would be at 906.13. There is money to finish the project, but not enough to repair for damages that are down stream. He further stated that this was not a problem only for the Watershed, it is also a problem for the City of Shakopee, City of Prior Lake and the County, we're all in it together and that he would like to see if it can be worked out together. He added that there is alot of new channels that were Just dug last fall and they did not have a chance to seed or stabilize them, and of course the, are washing out. i Mayor Stock asked Mr. Mickley if he wanted to comment to Mr. Watkins comments. Mr. Mickley stated that he did not feel he was in the position to comment at this time. ` 4 j ............�.�. .. -_... .. .... �..�.. _Y. .�._.. 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 bj! said Council. Mayor Stock asked Mr. Page if he wanted to amend his request to a, directional sign. Mr. Page stated he did not at this time. VARIANCE DENIAL_The next item discussed was the Vern Pickus Variance denial appeal., City APPEAL - VERN Planner Graser reviewed this for the Council. PICKUS City Planner Graser stated that this came before the Planning Commission with a request to consider a 8 foot side yard variance'for Lot 54 Inguadona Beach, The applicant is proposing to construct an 11'x c8 "attached garage to the north side of the existing home. The home was sited on the property with no consider- ation for future garage space. In this case the hardship was created by the developer and not the result of the ordinance. The applicant has from pp Permission the affected property owner for this proposal.= Mr. Pickus was present for comments. `There was discussion by Council and Staff. Council supported Mr. Pickus' proposal. Motion by Thorkelson to grant the variance of 7 feet on the condition that there would be a one foot overhang on the north side of the garage,, the garage would be built 10 feet wide and 34 feet long and that the north overhang would be guttered and that the water would be drained so that it is on the property of the Pickus;, seconded by Schweich and upon a vote tak was duly passed. OLD BANK BUILD The next item on the agenda was the informational meeting regarding the City acquiring the former Prior Lake State FOR LIBRARY Bank Building for Library purposes._ Mayor Stock asked if the representative from the Library board would like °1 SPACE to make a presentation. Pat Ferris stated that he was on the City Hall /Library Complex Committee and at that time it was decided that there was a need for additional library Apace. The present structure is rented and there is not any room for expansion. The board "Friends sent a letter to the of the Library" indicating it-could be, obtained for this community by such a move. He further stated that if the Council did not choose the bank the board , would like to know what kind of -plans the Council has, when they will be implemented, and what.:tha "Friends" could do to help with fund raising or in other matters. Mayor Stock asked Jan Williams to give an idea of what the library itself is anticipating as far as where they have come from and where they plan on going,: records, use, a Jan Williams stated that she represents the County portion of the library operation in Prior Lake,,, The County of Scott,has contracted with the City of x Prior Lake for Library service. The County provides the staff, the library furnishings and materials. The City provides the bilding, maintenance of the building and pays the utilities. Under the current contract the City provides the County with the space that is available and have been operating out of this location'since.1974. There are 2685 s square feet in the current building, the guidelines for determining the square footage for library space is dependant upon population. According to the population in the City of Prior Lake the library should`be operating in 3500 square feet to provide seating space for at least 30 people'and have a minimum of 19,000 volumes. There was further comments and discussion. The Council asked the "Friends" if they could help with the cost involved of renovating if 06- was to purchase; Mayor Stock then asked that this informational meeting be continued on May 9, 1983 at 8:00 PM. ff Motion by Thorkelson to continue the informational meeting regarding the acquisition fo the old Bank Building for library seconded by Busse and upon a vote taken it was duly passed. MIVUTES of the Proceedings of pity of the City f Prior t County of Scott and St a of Mi y aid Council._ _ of the Proceedings of the City Council of the City of Prior Lake in the 2 County of Scott and State of Minnesota, including all accouats audited by said Council. h County Attorney Morris stated that right now she is working with the Department of Natural Resourses on what the ordinary high level is. Mr. Mickley then stated that the Spring Lake Watershed District has been criticized when the project was started but from the managers point of view all we had to know was, was there a problem and if there is a solution, and It has been proved there was a problem: Don Bench asked if the houses that are under water now, are they built below the high water mark. Mayor Stock. asked Mr. Mickley to respond to the question. f � Mr. Mickley stated that Don Benson has mentioned that ther..eTis about.4�' ouses that are below the 904. Mr. Wolf asked how could they possibily be built below flood level. Mayor Stock stated that these hbuses were built years ago.' Commissioner Worm asked if it was Corr -ct that houses; that are built below the ' 909.6 could not receive a, government bank .loan, to re- establish the home after Something .like this. Mayor Stock stated that anyone; can apply for flood insurance.if In the flood plain of the lake and that would go to 909. r Commissioner Stromwall then stated that he understood that the State Water A' Management Board in the absense of some agreement from the effected cities and townships will make a decision as to whether or not this watershed board` will stay at 5.managers,or go -to 7 or 9. He further stated that What hit concern was that we have an opportunity of have not Just input. but actually to be the group that decides, because if we all agree, they will go with out agreement if they get differing requests from the groups within the watershed then they will make a decision on their own. He added that we need to get back to the main issue, that being, is'more better,'is there some benefit in increas- ing the number or do we want to make the recommendation that it remain at 5. Councilmember Thorkelson asked how many Jurisdictions are in this watershed district. '# Major Stock stated that there is Prior Lake Spring Lake Sand Creek and a very , small part of Shakopee. It .was asked who was representing what district: - Mayor Stock stated that he was going to call on the different Jurisdiction, managers for_their position, if it should be °expanded or left at 5. a County Attorney Morris stated that Shakopee is not part of the District. Mayor Stock clarified. this by saying'that they are considered a part because of the outflow. Morris then stated that you have to be part of the watershed so you "couldn't appoint somebody from the City of Shakopee, they have to be in the watershed district. ` Mr. Mickley stated that when they moved the boundary north to b with the lower Minnesota that brought some of the residents of Shakopee into the watershed district. He.then reviewed the different areas. Clarance Anderson from Shady Beach, himself from Shady Beach, Harold Gustafson from Fish 'Point, Mary Oldenburg from Fish Lake and Rick Heinz from Spring Lake. 4 . Mayor Stock then asked the different representatives what they felt should be done. Willard Brandt felt that first of all, it was very important that _Sand Creek have representation. He further stated that he did not feel that 3 of the managers should"be -from the same area. rt x 1 MINUTES of the Proceeding of the �i Counci of 9 Y the City of Prior lake in the. County of Scott and State of Minnesota, including all accounts audited by said Council. Councilmember Thorkelson asked what would be wrong with leaving it at 5 members but insisting that each Jurisdiction have at.least one represent -� itive? s Mayor Stock asked if Sand Creek did not or could not find someone to represent them, and they the County Board resorted to appointing someone. Commissioner Worm stated that he recommended appointing Mary Oldenburg. Mayor Stock stated that the number of members should be decided and they give that decision to the board, then discuss the immediate problem that we have, there may be a need for us to seek special legislation at the earliest possible F time, but the request from the Water Resource Board is going:to,have to be addressed and if we don't address it here tonight, they will address it for us whether we'like it or not. Spring Lake stated that they wanted`to leave it at 5 members. i Sand Creek also wanted to leave it at 5 members. Mayor Stock stated that the City of Prior Lake would also make that a recomr'.� a?- ation to the County Board that they would recommend to the water Resource Board fora total membership of 5. He further stated that the,:members on the board are 'trying to resolve a problem, and that all.,have to work together in order to resolve It. We should also. 'be planning for'special legislation especially if we are looking,at the new Chapter 509 and cif that were to become a reality, that would be totally ,unmanagible.-: \ \, Cotincilmember Th6rkelson asked who would beh'made responsible for initiating what ever is necessary to study the possibility of making the Coun y Board responsible With an advisory board. Mayor Stock stated that maybe it should be our recommendation; or part/ of the _- townships and the City to make a recommendation to the County Board that they appoint a study committee to review the impact and to give them a recommendation 1. on procedure or follow -up. Commissioner Mertz stated that there are people on the board that are very interested in this, and that he could not see where it is going for -be improved that much more by increasing'or by putting it in the hands of the County-Board.' They have people that are close to the project, they're close to the problems, they -have access to the County Attorney, and the County Engineer. County Attorney wanted to clarify that these boards do not have the access to the County Attorney or Engineer. There was further discussion. Cleve Mickley asked if it was possible if the watershed board could work with the County under a 3o lnt Power's_ Agreement. County Attorney Morris stated that the five County Board members are the petitioners in this project. Commissioner Koniarski stated that.if it is, carried out the way that the legislation is written it will cover many different areas. Under the 509, he would like to see recommendations from the jurisdictions within that watershed f. or within the other watersheds. He then suggested to the Jurisdictions that they submit resolutions supporting that idea'. Mayor Stock then asked If the jurisdictions felt that this should be brought up at the next Mayors /Administrators Committee meeting, It was suggested that this should be done. Mayor Stock asked Commissionet'Koniarski if he had enough information to report back to the water resource board. Konarski stated that he did, and that he thou ht that it would be 9 a good idea to bring this back for discussion at the Mayors /Administrators Committee. T7 M IAUTES 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. ,•'�,. County Attorney Morris stated that a joint recommendation would -be prepared' by the County and sent to the State Board 'recomnending',that` the number remain at , Marlis Bluedorn, then, gave a brief backgound on what has happened in the past ° water with the high and - what was done. = There was further discussion. Mayor Stock then stated that for tonight, the.'number of members has•been resolved .which will be submitted through, a joint resolution Ancorporating the {. jurisdictions that are present here this evening, and that the City Manager would schedule this at a future Mayors /Administrators meeting regarding Chapter 509 and approaching special legislation for watershed districts. He then thanked those that came to this joint meeting. { gw' AD3"NWNT With no other comments, this meeting was adjourned at 10:10 PM.' a 10 10 PM Michael A. McGuire City Manager '1 _ 0 #t 4 b K sh � fie; e a ? o : { t A P `} 4 � j... 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