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HomeMy WebLinkAbout06 20 1983MIAUTES 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. June 20, 1983 The Common Council of the City of Prior Lake met in regular session on Monday, June 20, 1983 7:30 at PM in the City Council Chambers. Mayor Stock called the meeting' to order. Present were Mayor Stock, Councilmember Busse, Schwe Scott,. Thorkelson,- City Manager McGuire, City Attorney Kessel and Parks and Recreation Director Mangan. Mayor Stock asked everyone to please rise for the pledge of allegiance. The minutes of June 6, 1983 were reviewed. Minutes Motion by Thorkelson to approve the minutes of June 6, 1983 as submitted, June 6, 198 seconde( by Busse and upon a vote taken it was duly passed. ' The minutes of June 13, 1983 and the invoices scheduled for payment on June 21, 1983 were then reviewed. Minutes 6 -13 invoices Motion by Busse to approve the minutes of June 13, and the invoices as submitted, seconded by-Thorkelson and upon�a, taken it was duly Y Passed. The next iteM,on the agenda was to review the letter from the Prior Lake Am sociation "regarding the 4th of July celebration. Mayor Stock read the le that was received from the President of the Association, Al Coburn, letter Mayor Stock asked City Manager McGuire if everything was going to be cancelled. City Manager - McGuire stated that the fireworks would be the only activity. They would be fired off from Reeds Island. A map will be given to the paper showing where Reeds Island is and where people can to go see the display. He further stated that he thought that the parks should be kept open until 11 :00 PM or midnight that night only, so people can,go to these areas and view the_,fireworks: Mayor Stock stated that he thought the parks should close at the time that the fireworks are completed. x There. was' discussion by Council and Staff. Fireworks Motion by Scott to authorize the parks to remain open to the completion of the fireworks from Reeds Island, seconded by Busse. Councilmember Thorkelson asked if it would be easier if there was a time limit, this ki way people would not be rushing to get out of the`'parks. l Mayor Stock asked if the motion and second would approve the amendment to the motion, stating that the would parks be open until 11:00 PM. This was`approved by.both Councilmember Scott and Councilmember Busse. Ma -.Stock the question and upon.a vote taken it was duly passed. Mrs.Coburn was - present and asked the. Council if they should have anyone down at the Willows directing people to the other parks. Council advised Mrs. Coburn that posting of signs would be okay. Mayor.Stoek then stated that item #E4 would be passed at this time and would go on with the other items on the agenda. The next item discussed was the ,Park Shelter Construction Bids. Parks_ and Recreation Director Mangan reviewed this for the Council;, Parks & Recreation Director Mangan stated that he had contacted KEHO Construction and some other local contractors regarding the construction bid of the park sheltersi are two options that the City could go with. 1)Award the bid to:KEHO Construction for $15,840.00 and $5,820.00. 2)To reject all bids and rebid the construction. If the bids were rejected there would be no guarantees that a savings could be made. Also, KEHO.Construction indicated that if the x bids were rejected, they would not rebid. There was discussion by Council and Staff. Page 1 Beim 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. woo e 7 Mayor Stock asked where we stood with the grant funding budget. Parks & Recreation Director Mangan stated that bathhouse /concession stand was completed under budget. The remaining funds from this project would be placed back into the budget and can be applied towards other projects in the parks. There was further discussion by Council and Staff. Bid to KEHO Motion by Thorkelson to award the bid to KEHO Construction for the consturc- Const. tion of the park shelters for the amounts of $15,840.00 and $5,820.00, seconded by Busse and upon a vote taken it was duly passed. Marlis Bluedorn asked why there were so few bids. Mayor Stock explained that bonding is necessary when bidding on public construction projects. The next item on the agenda was the refuse hauling applications. City Manager { McGuire stated that Metro Disposal, Prior Lake Sanitation, Laker Disposal and Quality Waste Control have submitted applications for i re newal of their refuse hauling permits. Buckingham Disposal was given approval`on,their , license on May 23, 1983. He further stated that he recommended approval �= of the 4 refuse applications. Licenses Motion b y Scott.to a pprove'�the licenses for Metro' Disposal, Prior Lake '4 _Refuse Sanitation, Laker Disposal and Quality Waste Control, seconded by Thorkelson and upon a vote taken it was duly passed. ; The next,item on-the agenda was the monthly reportsfor the month of May. Police Report Motion by Thorkelson to approve the'Police Report as submitted,' seconded by Busse and upon a vote taken it was duly; "passed. Mayor Stock asked about the number of fires that the Police - Report had listed and the amount that the Fire and Rescue Report had• "listed.- City Manager McGuire stated that it could be because of garbage fires 'or other small fires that the Police Department is called out on. •= Fire $ Rescue Motion by Scott to approve the Fire and Rescue Report as submitted, seconded Report by Stock and upon a'vote taken it was dul y passed. Building Pe Lotion by Thorkelson to approve the Building Permit Report as submitted,, Report seconded by Schweich and upon a vote taken it was duly passed. ; Councilmember Busse stated that he had noticed there were three dog bites ' listed in the Police Report, Mayor ,Stock asked if Bob McAllister could do at followftup on cases. i City Manager McGuire stated that he'would look into it. Dog Catchers Motion by Busse, to approve the bog Catchers Report as submitted, seconded by Report, Scott and upon a vote taken it was duly passed. Finance Rep. Motion by Thorkelson to approve the Finance Report as submitted, seconded by Scott and upon a vote taken it was duly passed. The next item under Other Business was to review the Hardshell for.Sand Pointe 4th Addition. City Manager McGuire reviewed this for the Council. City Manager McGuire stated that Staff has examined the Hardshell and has found it to be in substantial compliance with the Preliminary Plan. The only exception would be Outlot "B" that is added to page 2 of the plans an„ specs. This would be the utility building for the telephone company. The Developer's Agreement has been approved by the Council at a previous meeting, and staff would recommend approval. Wiwi There was discussion by Council and Staff. "Page 2 )[t¢ 9` MINTESpf Abb Pro -"ft of the City Council of the Cit.`'y of Prior Lake in the CoueRof Scott and State of Minnesota, includig all accounts audited by said Council. Motion by Busse to approve the requested'hardshell by Denny McWilliams for Sand Pointe 4th Addition, seconded by%ihorkelson and upon•a vote taken it Hardshell was duly passed. Mayor Stock °then stated that item number 4 would be handled now. This was to review the Space /Stenzel request for public road access. Mayor Stock asked fo'-an opinion of the City's Legal Counsel, on the jurisdiction and ' the statutp'that; would , apply to the City of Prior Lake in this case.:.: X City Attorney Kessel .stated that he had done some research, looking into , the, stattkei "that would apply to this case. The opinion that the decision ; as to .granting a public road access or providing a road is within the sound '', discretioA bf "the City Council. The statutory reference is Minnesota .5tatute ,•_ 412.221 Subdivision 6. It would be solely the City Council's decision to grant': -or not to -grant road•access. 'stated Mayor`Stock then that he would like City Manager McGuire to review r the minutes of May 9; 1983. Council�ember Busse asked if'they had "conplied with any of the items that Mayor`' Stock` ti d re quested at the May 9, .1983 meeting; Cit, Mo4tire stated that they had not presented any further information to ?itiM. . �� , ° - a. Mayor Stook stated since then the Council has received a letter requesting, that:Ahe :Council 'renwve' this 'from the tabled position, , and that the Council act on .then, request. He further stated 'that `he believed that on the basis of the Minnesota Statute 412.221 Subdivision 6 a3 out by City Attorney Kessel, it.is Council's discretion, however for the City's guide- lines some of the basic' criteria that shouldabe used to determine this would be I) requested at the May 9,�1983s ; a demonstration of public need•, meaning f F w4e�then themselves: 2)The method of equity. 3•)The property itself, does yi.'t meet the. guideliltes of the City Code. , 4)The number of landownem that -`, would bq adversely affected, or are making negative statements relatf to the =publpic load request. 5)Consider the number of supporting landowners. 6 il th oate method of `finance •would_be.if there was.to be a public road consti6eted.` He further stated that they have hot met the request that was. stated on May'9, 1983, and reflected,, In the minutes of May 9i 1983, and that it; would be his position at ,this tine that the City would•deny the request for public road access to the Space /Stenzel Property. There was"dicuss on Council and Staff. ' City Attorney Kessel commented on the conversation, that he had with Mr.; ' lulls Coller. o- Thee %was ;farther discussion by Council and Staff. a Mayor 'Std _ ttww stated- that'.the request of the attorney representing Mr. Space and Mr: Stenzel in their request for a public road access to their �r property:b+`denied,on the basis that they did not meet the request demonstrating } public n4ied 4*46flected in the May 9, 1983 Council Minutes and that'the' Council is acting under the authority of Minnesota Statute 412.221 Subdivision 6., 2) Ascertain the method of equity... 3)Is it a buildable lot,�or how it meets the . City's'Zoning /Subdivision Ordinances. 4)To. consider the number of landowners , that would.be•adversely affected or have a direct impact upon. 5)Conversely Denial`trosl the npmber,of'supporting landowners supporting the request for public� cess. 6)That the alt eenative`ftthods have`Council access of financing of the proposal approval. Motion by Thorkelson. r 'City Attorney�Kessel asked that one 6hange be made to the "criteria..i:He recommend - `ed that the term, ascertain,: the..equities used rather than the methods of equities. Seconded by Busse, Councilm6mber Scott asked that Mr. Space be informed what the definition of public - need is. o u r Page 3 x ��'ni'A .4s'�kRE, -:..�. •e « - ,t ..qtr r . "ri . ... 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 Kessel stated that it would not be possible to give a definition because each situation is unique. One person does not demonstrate public need. There was further discussion by Council and Staff. Mayor Stock called the question and upon a vote taken this motion was duly passed. City Manager McGuire stated that he had two requests for Road Vacations. One from Mike Broderick for a portion of Sycamore Trail. He recommended that this public hearing be scheduled for July 11, 1983 at 8:00 "PM. Schhedult nub, Motion by Thorkelson to schedule a public hearing on July 11, 1983 at 8:00 hearing. PM to review the road vacation request from Hike Broderick seconded by Busse: and upon a vote taken it was duly passed, City Manager McGuire stated that the,other request is from Bart Porter, this -` is in Spring Lake TownsLte. He recommended that this public hearing also be scheduled on July 11, 1983 at 8:15 PM. Schedule ;pub. Motion by- Thorkelson to_ schedule a,public hearing on July ];1, 1983 at ` hearing. 8:15 PM to review the road and alley vacation requestfrom Bart Porter; seconded by Busse and upon a vote taken It duly passed.. ' Councilmember Thorkelson; stated that since City Attorney Kessel was present he had asked at a previous meeting what the rights of the people that live on the Indian Reservation were for voting on City issues. City Attorney Kessel stated that he did not know, but would look into it. City Manager McGuire then stated thet the'City.s looking Into , a third pre - ,v °.; oinct for voting Cocilmember Thorkelson then asked about building un s that `have been.torn down, holes have been dug,and_ the 'buildingshave been pushed. into the holes. . g What � ;is the policy on this? t City Attoiney`Kessel stated that a proposed excavating and land. fill/shore- land ordi`nance'that is being worked on by' himself, City Planner Graser and City Engineer Anderson. This will be brought to the Council once it has been discussed by the three of,them. 4 There was further discussion by Council and'Staff. Marlis Blue,dorn then brought up to the Council's attention the lighting problem in front of City Hall. Mayor Stock then asked about the repair. schedule. for Ridgemont Avenue. City,Manager McGuire stated that he spoke to the Maintenance'Supervisor Smiley Johnson andhe stated that it would be completed within the next a couple of weeks. There was discussion on other areas that would need repair. o May9r.Stock °then brought up the re- occurring problem of the;tr:ucks being advertised ,on Main Street and 'the commercial car repair work that', is aaso , being done on Main Street. He further stated that (there have been occasions where the cars have blocked the sidewalks. He asked City Attorney kessel what the City could do about this 'problem. Marlis Bluedorn asked about�the,cars sitting over in«the City lot with the for sale signs in-them. City Manager McGuire stated that there is a sign posted states the cars can sit there for 12 hours. There was discussion by Council and Staff. Page ,4 Yi�nYb�kaia;J7•"^' °r. - v�AAis2c`^�ruemr...^-r"C �.zz��._.�e .r ,.Y �:. \a , �s , z. ...,,.::b+,. . .: r:. - ...e.n+ ^a_ >^ � ' �a3c0u�unt �M i`�„ -A TV YG YQnG11 YI11 `1 IIRG Y111{, AQJ QY J VYl 11GY O Y V . J:i rl'1 $� . � l F b L r . � Mich a el A. a ! y Ci �. yy agar } Man x` c s I N y ''« 371 i � t 9' 5 ew' N s t� l r i '.t r h page 5