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HomeMy WebLinkAbout10 24 1983MhUTES 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. i i? , October 24, 1983 The Common Council of the City of Prior Lake met in regular session on Monday, ) October 24, 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, Police Chief Powell and City Attorney Kessel. Mayor Stock asked everyone to please rise for the pledge of allegiance. 4 The minutes of October 17, 1983 were then reviewed. " The following corrections are to be made to the minutes of October 17, 1983: Page 3- Paragraph 20: SPELLING will (well) ?r Minutes Motion by Thorkelson to. approve the minutes of October 17, 1983 as amended, ;? seconded by Busse and upon a 'vote taken it was duly, passed. The next item on the agenda was to`review` quotes for the-new squad car. Police Chief Powell reviewed this for the Council. Police Chief Powell stated that he had received two quotes for the new squad car. 1) Mahowald Motors for $10,735 / ,:and , 2) Malkerson Motors for $10,731.94. He further stated that hE,was waiting for a quote from Grossman but that they were asked to submit on )by this afternoon and have not done so. There was'discussion on the bid. I I . Police Chief Powell recommended that the Council award the bid, to Mahowald Motors.. He stated that the City has received good service from them and for the $3.00 difference we' should go with Mahowald. !, nEw,:city Motion`, by Busse to accept the quote from Mahowald Motors for the amount of car. $10 for the purpose of purchasing the new squad car, seconded-by ' .- Thorkelson and upon a vote taken it was duly passed. i The next item on the agenda was to consider amending the Prior Lake City Code, Section 3 -1 -10 (A -2) (13-3)p (C-2). Mayor Stock stated that the - Liquor Com- mittee met on-this earlier this evening and asked City Manager McGuire to report on the . e committee. s recommendation.. u .f City Manager McGuire-stated that the committee reviewed this matter about a month ago and met again this evening on it. Glenn Kessel, our City Attorney_, w has reviewed,the various communities and 'what they are doing on this.: He.cthen. s asked City Attorney Kessel to comment on this and on the recommendation =of the committee. City Attorney Kessel stated that he did a review of City Ordinances throughout the Metropolitan area. He found that the City of Prior Lake's ordinance is the only one.which requires City `residency for the license holder at the time of application. There were a ,few municipalities that had a requirement for +> residency at the time of renewal. Those that had a residency requirement at 5 renewal required that =the license holder be a °resident of a much broader area - the metropolitan; area. In the case of a_ partnership, the,requinement?is� that ti one of the managing partners be a resident of the metropolitan area or in the d case of a corporation, that the manager of the establishment be a resident of ; s the seven - county metropolitan area. The committee felt that the reconordation r which should be made.to the Council would be that there should be w residency ; C requirement at the time of application for the license but that we adopt a 50 -mile radius from the City Hall residency requirement at the time'of renewal. There was further discussion on the 50 -mile radius and living in the State of Minnesota when renewing the license or applying for the license. } Police Chief Powell commented on the rationale of the amendment. y , City Manager McGuire stated that from a legal standpoint he did not feel that h >+ the old ordinance could be enforced anymore. Page l „I _�-- -a I �, r • rr MINUAS of the Pr oceea .i tilt Ci , :,vu. ,,, Ly of Prior Lake in the County of Scott J State ur Minneso including all accounts audited by said Council. City Attorney Kessel made further comments to the Council. p, Liquor: Q Motion by Thorkelson to accept the Liquor Committee's recommendation with t, ; resident of added contingency that they must be a resident of the State of Minnesota 'and Minn. to direct City Attorney Kessel to prepare the final document for adoption, t seconded by Scott and upon a vote taken it was duly passed. City Attorney Kessel the memorandum the of reviewed on repair motor vehicles on Public Right -of -Ways. There was discussion by Council and staff. Mayor Stock asked if there were any other comments on the memorandum. There 3� were none. He then thanked City Attorney Kessel and stated that City Manager x McGuire will make surer -'hat the police department has a copy of the memorandum and that all police officers are aware of it. The next item on the agenda was "Other Business ". Mayor Stock asked City Plan -, L� ner Graser to review Resolution 83 -26 A Resolution Certifying Lands Eligible for Agricultural Preserve, and.the map. ` City Planner Graser stated that this is the resolution which was discussed weeks ago. The resolution and map will be sent to the Metropolitan Counci' It consists of all the area North of County Road 42 and west of County Roaa excluding the Indian Reservation. Council discussed the 37 acres that the Indians annexed from the City of Prior Lake. City Attorney Kessel on.the of land commented annexation the adjacent to the Indian Reservation. City Manager McGuire stated that he thought that the City has control over the property that was annexed because it was part of the City at one time, Mayor Stock stated that he felt that area should`be removed from the exclusion. y City Planner Grater stated that he would remove the 37 acres from the exclusion - f before he submits It'to' the Metropolitan Council. r Mayor Stock stated that he feels - that 'we,,should stay with the outline of the original reservations. He further stated that the Indians could come back and ` say that we acknowledge the fact that -this was part of the reservation - if we show the area that has been acquired; City. Attorney Kessel stated that he agreed with this, but we have always x n tended, as far back as he has`been involved', that the oaiginal`Indian reserv- lands were not part of the City. We have had no- control over them, they have., not consented to any control' they are just not part of the City. There were further comment's by Council and staff. There was discussion aboiut Mr. Vierling's property. Mayor Stock then read the resolution for the record. ' Resolution. Motion by Thorkelson approve Resolution,83 -26, A Resolution,Certifying Lands 83_26 Eligible for Agricultural Preserve, as submitted, seconded by Busse and upon a vote taken It was duly passed. Mayor Stock then stated In regard to Mr. Vierling, he would contact hits and _ express the concern of the Council and, the possibility of his efforts to re- ceive the ag preserve on the 160 acres that are 'south of County Road 42. City Engineer Anderson commented on the Priorview Development project. He, a :stated that this had been presented to Council prior to this meeting. He ; then referred to a map 'showing the Priorview Development. He stated that City has sanitary sewer that serves Hawks School. (He pointed, this 3 five out on the map.) He pointed out the existing drainage and utility easements. " -, ' that were acquired in 1973 -74 for the purpose of constructing sanitary sewer ., and water main. He stated that a garage has been constructed over the top of'the sanitary sewer. The developer has stated that he would agree to have Page 2 J M114 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. _ the sewer lines stay on his property with some type of agreement that the City would be responsible :for relocation ,of the lines at a future date if r repairs need to be done. Construction costs, which are based - on unit prices, ' came to $9,850.00 to construct the section of sanitary sewer with the manholes. The prices that were received came from 0 & L Construction, the contractor who is doing the utility work in`that area currently. The City does have f a couple of options; 1)relocate the sewer lines In the easements or, 2)leave it as it is. He'4then stated that we could relocate the lines prior to,the paving ' of the parking lot. Our expense for relocation of the sewer line at a future° date, if thisbecomes necessary, is going to be a lot higher than today's costs. There was 'then by Council and staff. Inspection Motion by Thorkelson to authorize City Engineer Anderson to do the necessary of sewer line inspection of the sewer line in question and that if he determines, on the basis of engineering standards, that the line is not capable of a sound life.W span, he then be authorized, on the basis of the quote that we received, to award the contract for the realignment of the said sewer line, seconded by Busse and upon a vote taken it was duly passed. Mayor Stock then directed City Engineer Anderson to begin the preparation of an agreement with the owners of the property (if he does find that the sewer line is in a good-,state) for the line to remain in its present location until such time that it would be necessary to dig it up for repairs. ' Mayor Stock asked City Engineer Anderson if he had any other Fiusiness for discussion. City Engineer Anderson reported_rin a watermain break at Inguadona Beach and Green heights Trail. He also - - reported on the parking,out on Sand Pointe Ave. A. J and Aspen Avenue. He then stated that he has a bill that was not included - ' with the invoices. This would be for a contract payment for Barber Construe - tion, Inc.. for Sunfish Bay and he would recommend payment. Monthly estimate - of $53,272.98: e1 payment to Motion by Busse to pay the contract payment to Barber Construction, Inc. for Barber Const. the amount of $53.,272.98 as recommended by City Engineer Anderson, seconded o by Scott and upoh a vote taken it was duly passed. There was further discussion on Sunfish Bay. City Manager McGuire then asked the Council' =to review the Resolution 83 -27," -. A Resolution Authorizing the Submission of the Grant Application for the y Prio'r lake /Spring Lake Flood Control, and along with that, a public hearing ' 2 for Monday, November 14, 1983 at 7:35 P.M. He further stated that the ap -'o ; plication must be in by November 1, 1983; and that he would recommend approval of the resolution. Resolution Motion by Busse to adopt and approve Resolution 83 -27', A Resolution Authoriz- '_ 83 -27 ing the Submission of the Grant Application for the Prior Lake /Spring Lake Flood Control Program, seconded by Scott and upon a vote :taken it was duly passed. Mayor Stock stated for the record that he received a call from Mr. Newman regarding the block grant. o City Manager McGuire then recommended approval of the Treasurer's Report for,, the month of September. Council reviewed the Treasurer's Report. A - Treasurer's Motion by Busse to approve the Treasurer's Report as submitted, seconded by ? Report. Stock and upon a vote,taken it was duly passed. t Q Councilmember Thorkelson then brought up for discussion the Metropolitan �., N. Council. ' Page 3 ,r. fl �J MUMS of the P►�Fuceec r tnt: C '.y �,uul. , F 1.y of Pr Lake in the r County of Scott J State ut Minnesa its ding all accounts audited by said Council. l Councilmember Schweich renllarked.on how low 'Quincy Street is compared to the s? t rest of'the streets by the Wagon Bridge. n ;> There was discu3310n Council and Staff. < May6r Stock announced that Election Day will -4 November 8th, 1983: ` With{no other Item'to.,be discussed, mot'on by Thorkelson to adjourn by Stock and upon a °vote taken this meeting was adjourned at 9:12 PM. Adjournment .9: 12 P.M. I t Michael A. McGuire City Manager - 3akki K. 'Menk Recording Secretary , of r i , 5 r 4 �c , I r rr r ����q #dT,i`�i+ I ti��.�.� a d •• �u'dCMacns+c�wrt: 4��i�� I�BU. rw ". a'°�sf"xrnF• - +.. - - ^rexdams .Irv. ,'...^'rM''^"' >r;@j irtc�.a"R,.' 'a:�u Y.:Mem+.._ 4 �&�'s. 5 � `�'�zen`N 1F4Y'd�M.d'z4}