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HomeMy WebLinkAbout08 22 1983, MINUTES of the Proceedings of the. City Council of the City of ; Prior Lake in the d` County of Scott and State of Minnesota, including all accounts audited by , said Council. August 22, 1983 The Common Council of the City of Prior Lake met..in "regular session on Monday, 4 . August 22, 1983 at 7:30 PM in the. City Council Chambers. Mayor ,Stock called. r4� .,the meeting to order. Present were Mayor Stock, Councilmemhers6Busse,,Schweich, Scott City Manager McGuire, City Engineer'Aneerson, City ;Planner Graser, City Attorney Kessel and Planning Consultant Tooker.'° Mayor Stock asked everyone to please rise for the pledge of allegiance. .;; The minutes of August 15, 1983 were reviewed. `Minutes Motion�by Busse to approve the minutes of August 15 1983.as presented,�seconded by Thorkelson and upon a vote taken it was duly passed.,,: The next item on the agenda was a general discussion on roads and alleys in Spring Lake Townsite..Planning Consultant Tooker reviewed „a memo that ,he sub - mitted to the Council and referred to a map of the various streets that have been vacated. r There was discussion by Council and Staff. Marlis, Bluedorn asked ,about roads that are not,shown.as.being'vacated but I people claim that they area , City Planner Graser stated that problems have come up where. they ,are :not shown on Scott County's maps or the City maps 'as being - vacated. 4fiat has #` happened is that Spring Lake Township has vacated some of these,,roads and o alleys and the people have not followed through with the ,procedures needed on vacations. Thererwas; further discussion by Council and Staff. re- affirm Motion by Thorkelson to re- affirm the 1981 policy, in regards to unimproved 198.1 policy ;right of way, direct the City Manager to verify with the Assessors office,: the' vacations that the Council has approved in Spring Lake Townsite area; requests will:be dealt with on the basis of the Planning.Staff's recommendation and that' + the City Attorney research the status of vacation of a public right of way, seconded by Busse. T here -was further discussion by Council. Mayor Stock called the question and upon a vote taken,it was. duly passed. , Mayor Stock then called the Public Hearing for the road vacation request from ;. Gunars 8 Julia Zvaners to order. He read the'published notice for the record. City Planner Graser reviewed the request for the Council. He stated that the applicant 4s requesting the vacation of the 30 foot utility easement incorporating in Outlot 8 of Grainwood Heights. The subject easement is a segment of a longer:' easement connecting Eau Claire Trail and the Grainwood:Park Area. Originally, it was the Township's intent to utilize this easement to serve the Grainwood 'Area. However,`the system was installed without need of this easement. Staff recommends to vacate the easement. - i Mayor Stock asked Mr. Zvaners if he would like to _make any comments. Mr. Zvaners did comment to the Council. Y Mayor Stock asked Staff,..in verifying the records if there was any reimbursement in the acquisition of this easement for utility purposes..„ Mr. Zvaners stated that at the time we were landlocked, there was a trade -off. The County shows a number of roads on it that they were not aware of being j taken off. There was a trade off in order for us.to get access. There was no money transferred. Mayor Stock thanked Mr. Zvaners for the information. 4 Page 1 141NUTES of the Proceedings of the City Council of the City of Prior Lake in the County of Scott and State of Minnesota, including al,l accounts audited by said Council. Councilmember Thorkelson, stated that he questioned the other two lots, would the owners be coming in with the same request? He further stated that when we get these kind of requests, do we make any effort to contact the other people so we could do, all of this in one hearing? Mr. Zvaner commented on this., City Planner Graser stated that in this case he did not think the owners of Lot 2 and -'5 would ever file. There is no need for vacation. Mr. Zvaners commented. vacate prop. Motion by Busse to vacate the ,property in question that is abutting Outlot on Outlot B B of Grainwood, which is known as an utility easement for the City of Prior" Grainwood Lake, seconded by Scott and upon a vote taken it was duly passed. Adjoursent of Motion by Thorkelson to adjourn the public ; hearing, seconded by Schweich a P.H. 8 :15 P.M. and upon a vote taken/ public hea "ring was adjourned`at 8 :15 PM. The next item on the agenda was to discuss the bond referendum for the Fire Truck and Rescue Unit. „ City Manager McGuire stated that the request�is for the Council to considea calling a referendum for a new fire Aruck, rescue•unit and some upgrading of the existing fire hall. The request for adding on to the fire. - .hall has been withdrawn by the members of the Fire Department, at this point it wasn't ' needed. Some upgrading is necessary, the outside of the buildingnis in need of some repair. After talking with the Fire Chief this morning, a figure of approximately $295,000.00 with a'break down of the fire ;truck costing $220,000.00, rescue unit - $40,000.00 and the upgrading of the building - A„ $35,000,00. He further stated that at the time of the referendum, it should x.. be made clear that this would be the maximum amount spent, if the bids came in •,, some what less, the bond- issue -would be some what less. Lyle Anderson is "" present; to answer any questions that the _Council would have, he also has ! pictures of the equipment needed.• ' Mayor Stock asked if the bonding consultant has been talked to. ", City Manager McGuire stated that at this point everything has not been worked° . ,.out. The first step would be for the Council to decide if the referendum/ items would be needed. The interest rates for example have gone up recent1t. but it is anticipated that the rates would be somewhere in the 10% neigh. , �" boyhood, it depends on the number of 'years that the equipment would be spread 'over. We plan on getting a more detailed workup for the paper sn people'would know what their costs would be per year. J Councilmember Busse asked if the items would, run separately or all together under one. City, Manager McGuire stated that it would all be under one referendum. Mayor Stock stated for the record, the trucks that the City is currently using are 1) 1971,model and 2) and 1976 'Diesel, the resuce unit is a 1978 and I 1969. k U t Lyle Anderson stated that the 1969 model has minimal value. Councilmember Schweich' asked if the 1978 model would.be kept. le Anderson. stated.-that it would be kept and V p used as a backup. Mayor-Stock stated in the past we have sold the older units to other s smaller cities. call a refer- There was discussion by Council. Motion by Busse to call a referendum for the November 8, 1983 election in the endum for amount of $295,000.00 for Fire and Rescue Equipment and upgrading of the Novit election existing building, seconded by Thorkelson and upon 'a vote taken it was duly , y, passed.. ? ^ "! Page 2� 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. r ry , - Council then reviewed the July's Fire and Rescue Report. Fire °. Resuce Notion by Scott to approve the monthly report as submitted, seconded by Busse report. and upon a vote taken it was duly passed. k: The next item was a request from Glenn Lubbers for a Liquor License for the Prior Place. Mayor Stock, asked City Manager McGuire to review this for the Council. ' City Manager McGuire stated that the Liquor Committee met earlier this evening. ;Mr. Lubbers has held a "license for the Prior Place before, he Is currently the owner of the building: The committee recommends the approval z of the license and to give Mr. Lubbers 60 days to establish his residency within the City. x M roces�sbof s trying hc tosell a the busin Council. s, we do notawantttotruhey are in the p n the business, we believe that it should be: someone else =rather then ourselves. .At this point. . time we do have a prospect that would be willing to come into the community, buyidg the building and the business. At this time we would be going in as the licensee being fully responsible and taking all responsibilities of the license. We have ran the business before and our record should stand for itself. Councilmember Thorke13on asked if Mr. Lubbers would be managing it. ,until suc4 . time it is sold. Mr. Lubbers stated that he is-hopeful that the negotiation can be completed quick enough so.that he would,not manager of record, as the corporation owner, yes, Liquor License Mbtion by Busse to approve the liquor .license for the Prior P_lace,unde� the Prior Place management of Glenn Lubbers as recommened by the Liquor Committee, seconded by, Scott and upon a vote taken it was duly passed. Cig. license Motion by Thorkelson to approve a cigarette license for the Prior Place under Prior Place : the name of Glenn Lubbers`; seconded by Busse and upon a vote taken It was duly passed. City-,.Manager McGuire then reviewed another item that the Liquor Committee `$ discussed.. He stated that the possibility of changing the residency require ments withinlathe City's ordinance. The requirement was put in many years ago. The committee is going to do some,research as to what other communities are doing and report back to the Council within the next few weeks, at this point no specific action is required unless there are any strong feelings one way or the other on the requirements, There was general discussion by Council. The next item on the agenda was -to review the proposed grant agreement with the Watershed District. Mayor Stock stated that he read the agreement at last weeks Council meeting, however, there are a couple of additions that are to. added to it, numbers .9 and 10. City Manager McGuire reviewed the additional conditions. 0 r�2 There was discussion by Council and Staff. \O Agreement :; >` Motion by Thorkelson to approve in concept,.,, the agreement between the City of between City Prior Lake and the Prior Lake — Spring Lake' `'Watershed District, ,and to direct ' City Attorney Kessel to prepare in final form the agreement with the two Watershed ' additional conditions that have been proposed by the City Manager this evening, seconded .,by Scott and upon a vote taken it was duly passed. The next item on the agenda was the new State Statute Chapter 509, °Surface Water Management,,Aet, Mayor Stock stated that on Wednesday evening there will be a meeting of the Townships, Cities,.County.and Watershed Districts to discuss the ramifications of Chapter 509. Mayor Stock then asked City Engineer Anderson to give a brief review of Chapter 509 and the ramifications as he sees it. Page 3 z '.�INUTES 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 Engineer Anderson made a short summary of Chapter 509, Surface Water Management Act. Council and Staff discussed Chapter 509.,,i.1: t The next °item on the agenda was a discussion on the bid date for the Crest Avenue Paving Project. City Engineer Anderson reviewed this for the Council. City Engineer Anderson stated that Crest Avenue was scheduled for construc- tion this year, the plans have been approved and - bid date of September 2, 19831;has been established. After reviewing the project, it appears due to the ,size of the project, there is a possibility that we would not be able to complete,It this year. One of the Shore Trail residents has requested that the City re- consider our sewer alignment on Shore Trail. He -recommended that the City proceed with a spring bid opening on this project for.construc- tion. r Mayor Stock asked if there was a need to set a time or date for the project. City Engineer Anderson stated; that is. need at this time. He further st; that the Council would have to withdraw the City's bid opening of'Septent r. 2, 1983. Mayor Stock stated that would Council would need to recind the motion that -" the Council made authorizing the advertising for bids on September 2, 1983. advertising of Motion by Thorkelson to recind the motion that was made on August 8, 1983; -bids for prof. authorizing the advertising for bids for-Project 82 -3, Crest Avenue, seconded 4 82 -3. by Busse. There was further discussion by Council and Staff.' Fk Mayor Stock called the question and upon a vote taken It was duly passed. ` The next item on the agenda was to review Resolution, 83 -21, Polling Places. Mayor Stock read the resolution for the record. He then asked for discussion on the proposed resolution. Councilmember Thorkelson asked ifethe precinct descriptions defined on the map that the Council had adopted are the same as,what 'Mayor Stock had read in the resolution. C City Manager McGuire stated that they were the same. Resolution Motion by Busse to adopt resolution 83- 21,- relative to establishing.the 83 -21 three election polling places for the City of Prior Lake, seconded by Scott and upon avote taken it was duly passed. Marlis Bluedorn asked if the Indian Reservation was still excluded.. City Manager McGuire stated that the descriptions are the.same as what was discussed at the meeting earlier this month. This resolution is simply for the establishment of polling places, Prior Lake City 'Hall, Five Hawks Elemen- tary School and,-the Prior Lake Assembly of God Church. v There was further discussion. City Attorney Kessel reviewed a summons that was- served the City of 'Prior Lake by the Shakopee Medwakanton Sioux Community regarding their rights to vote.- The next item on the agenda was the Treasurer's report for the month of July. Treasurer's Motion by Busse to approve the report 'as submitted, seconded by Thorkelson report. and upon a_vote taken It was duly passed. Mr. Bill Sando commented to the Council about the cutting down of the trees ' z on Main Street. 3 Page 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 Manager McGuire stated that the City policy has been that there is to be no,`planting of trees in the City's boulevards. He further stated that a, general discussion will.be. scheduled for September 12, 1983. This discussion will be on planting of more trees. Council all agreed that something needs to be done. City Attorney Kessel then gave an update on the lawsuit between the North Shore Homeowners and the City of Prior Lake. He,stated that Judge Howe dissolved the s} temporary restraining order, which was placed on the City. City Manager McGuire stated that the "NO WAKE ON THE ENTIRE LAKE RESTR]:CTIONS ": r were removed as of Friday, August 19, 1983 at 5:00 PM. The 300' provision is still in effect. y Councilmember Thorkelson asked what is going to be done about the December 31, F . 1983 deadline that was placed on the ordinance. , J City Attorney Kessel stated that he has not received a copy, of the Scott County's ordinance as of yet. Councilmember Thorkelson stal that he would like to complement-Bill Mangan and his staff on the fantastic job that they are doing-up at Lakefront Park. Councilmember Schweich asked about the capping of the outlet. There was discussion on this. •" Mayor Stock stated that the Watershed District will release water up to 902.5, that was the optimum elevation that:,was established by the Department of Natural ,- Resources. This is as much water as they can release. Any water that leaves :. the lake after 902.5 will be through evaporation. City Engineer Anderson then commented on collector streets. City Engineer Anderson then reviewed another item. He stated that the Council had established that the access road to the Pond would have concrete curb and gutter on the north -south portion. He reviewed 2 quotes that he received. 1) Metro Curb - $7.10 per foot with an estimated cost of $5,680..00. 2)Minnesota ' State Curb and Gutter - $5.75 per foot with an estimated cost $4,600.00. The - actual amount to,be paid .:ould - be based on the number of feet acutally const- ructed, which has been estimated to be 800 feet. His recommendation would be ' to award the bid to Minnesota State Curb and Gutter for the construction of 8618 curb and gutter on Toronto Avenue.- . b award to ..- Motion by Thorkelson to award the bid to Minnesota State Curb and Gutter on the Mn. States basis of City Engineer Anderson's recommendation, seconded by Busse and upon a Curb 6 Gutter vote taken it was duly passed. City Engineer Anderson further stated that the section of the curb would be going in on Wednesday or Thursday -of this week and quotes for paving will be In next week. City Engineer Anderson then commented on Project 82 -2, Sunfish Bay. He stated that the Public Hearing notice was for the construction of the project. It included the. dollar- amount for the streets only... Also included in that project was a 20 watermain. The 20" watermain will not be asses to the residents but needs to be added to the construction cost.�;He further stated that'the City A would need to hold a Public Hearing designating the project cost of $110,000.00 instead of $44,500.00. The bonding consultants suggested that the Council hold a public hearing on September 6, 1983. The public hearing notice will-be ex- A actly the same as the,notice that was given before, except for the dollar amount,.has changed and the description of watermain will be included in the phrase of street construction, watermain and appurtenant work. Mayor Stock stated' that the Bonding Consultants, Briggs and Morgans have requested an amendment in the estimated cost and that it be amended to the total amount °{ t that is needed. He then entertained as , a motion to conduct a public hearing for street improvements, watermain and appurtenant work for Project 82 -2, Sunfish Bay Addition. I x Page 5 +IINUTES 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 'Counc 1 . P.H. hearing " Motion [ius'se,to hold +a PuOlic Hearing for Project 82- 2,- Sunfish Bay schedule for Additions, on September 683 at 7:50 PM, for the purpose of amendments: , 19 project 82 -2 made to the',cor�str�ction cost of 'the project, seconded; by Thorkelson. on Sept. 6' There was futf",her discussion: Mayor Stock"called`Ahe question and upon a vote taken it was duly passed. With no othex corpents, motion by Scott to adjourn, seconded by Stock and upon a vote taken'; this melting ;was adjourned at "9: SO PM. Adjouruent 9:SO`P.M. , f Michael A. McGuire z City Manager J ' Oakki K. Menk J: Recording Secretary a ` O g i f O Y i v "x o / t 1• � L 1 1 � -{ i �t'if�t.�n AtSN'r n"/ti+WY �;s, . "i»Yi,. , .;T 1. . {�. �,Y,� ..f, .. ,.• wf 4:', ..K