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HomeMy WebLinkAbout08 08 19831 41 'TES 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. ` August 8, 1983 The Common Council of the City'of Prior Lake met in regular session on Monday, August 8, 1983 at 7:30 PM in the City Council Chambers. Mayor Stock called the meeting to order. Present were Mayor Stock = Councilmembers Busse, Schweich, Scott, Thorkelson, City Manager McGuire, City Engineer Anderson, City Planner Graser, Finance Director_Teschner and City Attorney Sullivan. Mayor Stock asked everyone to please rise for the pledge of allegiance., T: s The minutes of August 1, 1983 were reviewed. The ,following corrections are to be made to the minutes of August 1,'1983. Page 1, Paragraph 20, INSERT not Page 4, Paragraph .16 DELETE the Page 4 Paragraph 18 SHOULD READ he would.be tied into this develop -. K...0 ment scheme, Exhibit° "A ".' Minutes Motion by Busse to approve the minutes of August 1, 1983 as amended, seconded- by Thorkelson and upon a vote taken it was duly passed. The next item on the agenda was the Revenue Sharing Proposed,Use. Mayor Stock called the public hearing to "order. The published notice was read for the record. Mayor Stock then asked City Manager McGuire if he had.received any written or oral comments. ' City Manager,,McGuire stated that he had not. Financws Director Teschner reviewed this for the Council. efe stated that " "then the amount was undetermined at this point. The funds would `be used to support the. expenditures within the Fire Department Budget. Mayor Stock read for the record a letter that he received from Rudy Boschwitz regarding revenue bonds. There .were no comments from the public. ~' There was general "discussion by Council and Staff. 1984'renentie Moaon,by Thorkelson to. authorize the proposed use of the 1984 Revenue Sha=-: -., funds. Sharing_Funds,to support the expenditures within the Fire Department Budget, seconded by Busse and upon a vote taken it was. "duly passed." Adjournment Motion by Bussecto adjourn the Public Hearing, seconded by Scott and upon a 5. P.H. vote taken this public hearing was adjourn. t, Mayor,Stock then took an item that was scheduled for later in the meeting. The next item discu dealing with funk cars. ssed was the proposed ordinance City Planner Graser reviewed the ordinance, ° 4 There was discussion on the wording in Section 3 of the proposed ordinance. " Mayor Stock asked that Police Chief--,,Powell give a statement on stock cars vs modified vehicles. Mayor Stock.then directed City Planner Graser to work with-City-Attorney - Kesselaon "the refinement of the ordinance and bring it back to the_Council for further review. Councilmember Schweich excused himself from the Council table for the next item. - Mayor Stock then called the Lakeside Avenue Road Improvement_Public Hearing . to order., The published notice was read for the record. Mayor Stock then asked City Engineer Anderson to review the proposed project. City Engineer Anderson used the projector and reviewed the areas that would be serviced with the storm sewer and paving. City Engineer Anderson further stated that Finance Director Teschner would review the assessing portion of this Page 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. project later in the meeting. He then reviewed the feasibility report for Project 83 -1.. He stated that the type of work would be grading "gravel base, concrete curb and gutter, bituminous surfacing and storm sewer and appurtenant work. Total project cost would be $122,200.00. This amount is broken down to Street Construction— $72,000.00, Storm Sewer Construction - $22,000.00 and indirect costs - $28,200.00. Total project cost does not include any right of way purchases or costs for extra sewer and water services required before paving. Mayor Stock then opened the public hearing up for comments from the t audience. There were many questions and comments regarding the project. (The recorded tape is the legal record of the meeting, this will be kept on file in the City Manager's office), Finance Director Teschner reviewed the estimated assessments. He based his figures on a 50' lot and a 100' lot. This assessment would be spread over 10 year, Mayor Stock then closed this - portion of the public hearing and asked the Council for their comments. Councilmember Thorkelson stated that he was in favor of the project only if - a, the paving went the entire length of the project: Councilmember Busse stated that he would also be in favor only if the paving' was done excluding the portion of the streets of Colorado to Pleasant Street. Councilmember Scott stated that she was in favor of the entire project. Mayor Stock then commented on the project. He , also was in favor of the project. y There was a general discussion by Council and Staff. After this discussion, motion by Busse to 'approve Project 83 -1, with paving from County State Aid Highway 21 with the following conditions: What: the i engineers work with the neighborhood. 2)Council accept the 40 feet of right 1 , 4)Further x of way. 3)There would no parking signs posted on both sides of the road. review from Colorado to Pleasant. Mayor .Stock asked if there was a second to the motion.. i The motion died because of a lack of a second. After further discussion by Council and Staff, motion by Busse to continue 4 this on next week's agenda, seconded by Stock and upon a vote taken it was t ; duly passed.; Mayor Stock thanked the people for coming, and further stated that this would be rescheduled on Monday, August 15, 1983 at 8:00 PM. Mayor Stock then called for a two minute recess. Mayor Stock called the meeting back to order. ' The...next item on the agenda was the(Cable TV ordinance. Mr. Barry Meyer -and Mr. Thomas Creighton were present to review the ordinance with the Council,. The Council reviewed the ordinance page by page and commented on the necessary wording changes. O v Mr. Creighton asked ; about the passing of',,the entire ordinance. Mayor Stock stated that because of the length, this ordinance would be adopted'by reference and published in the legal paper. There was further discussion by Council and Staff. Page 2 J MNUTES 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 . rt said Council Mayor Stock directed.City Manager McGuire to meet and review the ordinance with the Chairman of the Citizens Committee. The recommended changes should be discussed with him. Mayor Stock and Council then decided to reschedule this item on Monday, August 15, 1983 at 7:35 PM. City.Engineer Anderson then reviewed the traffic signal plans for Highway 12 and County Road 44. He stated that the estimated signalization cost is $90,000.00. The'City of Prior Lake's share would be $5,533.20. He then reviewed a drawing showing where the signal would be placed. H Mayor Stock asked the City Engineer to mark the drawing as Exhibit "A ". He then read the proposed resolution. " There was a, general discussion by Council and Staff. l resolution on Motion by Thorkelson to adopt the're;iolution for layout approval as submitted, layout approv. seconded by Busse and upon a vote taken it was duly passed. } The next item on the agenda was to consider the final plans for the lst Phase of Prior View. City Planner Graser reviewed the Planning Commissions recommendations and the site plan. Mayor Stock asked City Planner to mark the site plan as Exhibit "A". He then asked Greg Rothnem if he had any.questions or comments. Mr.;:Rothnemstated that they had met with the Scbool District today and did come up;with an agreement that needed to be worked on, but did'have an agree- ment for the road easement for Five Hawks Avenue. He further commented on the Planning Commissions recommendations. There was discussion by Council and Staff. Final Plans `Motion by Busse to approve the Final Plans for the lst.Phase:of.Prior View .- for 1st Phase contingent upon the following: 1)Several engineering details be resolved to the- ° o£`Priorview satisfaction of the City Engineer. 2)At the time of the building permt applic ation, the site plan must show refuse containers and appropriatescixeen. material. 3)Staff have the flexibility to move 4 stalls to the::center of the gaiage.complex. Two from each complex in front of the 24 unit building. 4)A developers agreement be signed and -meet the requirements of the City Engineer. '5)Prfor- View will provide a document or an agreementofor providing the public ` eeasement with the endorsement of the building committee of the School District #719, prior to the issuance of permits, seconded by Scott. . Mayor Stock then stated that this provides „the authorization of the Mayor =s and City Manager to sign the hardshell based upon the five conditions being met by the developer. Mayor Stock then called the question and upon a vote taken this motion was duly passed. e > The next item on the agenda was the request from Tom Steffens to discuss Tax Exempt Rental Housing Plans. - •' Mr. Greg Rothnem stated that because of lack of information, they are requesting that this be withdrawn from the agenda. Mayor Stock then asked if there was anyone that would like time on the agenda. 01A� Mr. Hobart presented to the Council a- piece correspondence that the City h4f Attorney suggested he'bring to the Council's attention. He stated that the City 5 Attorney could not satisfactorly answer a question. { Mayor Stock read this for the Council and the record. r Mayor Stock then stated, that on the basis of the pending suit,theCity Attorney Is representing us in - in Shakopee, we had a report at last Monday's Council` meeting and requested City Attorney Sullivan to brief the Council as to the l status; of the ,proceedings and the recommendation to the City Manager to handle z_ any further questions regarding the situation at hand. + -_` Page 3 z 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 commented on the conversation that he and .City Manager McGuire had this morning about furnishing documents to someone in the City offices. He stated that he had told City Manager McGuire at that time, since we are in a lawsuit; he would insist, that the request for any documents be made through the attorneys representing the plaintiffs -North Shore Homeowners. Their attorney contacted me, after receiving a call from the person, that came into City Manager Mc- Guire's office, and I informed him oU the same circumstances and -that these documents would be available ; upon _ written request from the- attorney to me and.we would provide this information. If anyone has any doubt of what was said in court, there is a transcript available in the 'Scott ` County Court House. What was said was that the documents would be made available, it was not said that we would permit these people to come in " piecemeal, disrupting the office and requesting this information. The Information will be provided, and it will be provided once, we will ' provide anything they want. This was the advise,that wasgiven to City v Manager McGuire and that is the advise to the Council tonight. Mayor Stock asked for the status of the hearing that was held on Friday. ' City Attorney Sullivan stated that the matter was heard `with alot of arguement on both sides. There has been alot of .reckless; unfounded ;. I*' A charges made against members of the Council. He.did not feel that this unincorporated association has any standing to get a temporary restrain - ing order or bring such a action. It was asked.that the individual property owners be named. In the event that the decision was adverse;- it probably- would not affect us, except it would not be recommended to " pursue the final engineering or acquisition of any rights of way as long O as there is a - temporary restraining order issued over the City. If that would occur, it,is recommended that the City appeal to our inter -" mediate court in the attempt to reverse that decision.,, If the restraining a n . order is not issued the City would be free to go.ahead with the project. " Mayor Stock thanked City Attorney Sullivan, and further stated that he was made aware�of the conversation-and request with City Attorney Sullivan after City Manager McGuire and City Attorney Sullivan had conversed. He also stated that we would comply with the 'City Attorney's position on the request of the documents. Mr. Hobart stated that he respectfully submits, and disagrees with the City Attorney on the fact of the law. He further stated that he had read the public document law and sees no where in the law,that says o that a lawsuit or any action brought against the City changes the re- quirement.;that the City provide documents. { Mayor Stock stated that the City;and City Council have the.professional counsel of the City Attorney and that this is what we must rely on. ; Mr. Hobart then read a section on,public..document laws. He asked City, Attorney Sullivan where it stated that the City cannot provide these 0 , documents. v' City Attorney Sullivan stated that we have not said that we frill not provide these documents. He <requested that Mr. Hobart!s lawyer contact him, the City would be glad .to provide the information. There were further comments made by City Attorney Sullivan and Mr. Hotiart. Mrs., Lucy Hobart asked about a letter that was sent to Mayor Stock regarding ,i - this project. c, Mayor Stock stated "that he had received a document that was served to hirt o ' a sheriff at his place of employment and that it had been turned'over;ita _ the City .Attorney to handle. „ City Attorney Sullivan stated that they had received the document and that they have not answered as of yet. -. / The next item on the 'agenda was the assessment agreement between the City of s ' Prior Lakee and Scott County. Mayor Stock read the assessment agreement for { the record. ` Page 4'