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HomeMy WebLinkAbout05 14 1984MINUTES 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. May 14, 19$4 The Common Council of the City of Prior Lake met in regular session on Monday, May 14, 1984 at 7:30 PM in the City Council Chambers. Mayor Johnson called the meeting to order. I Present were Mayor Johnson, Counci'lmembers Busse, Schweich, Scott, Thorkelson, City Manager McGuire, City Engineer Anderson, City Planner Grayer, Finance Director Teschner, Consulting Engineer Norton and City Attorney Kessel. Mayor Johnson asked everyone to please,_ rise for they` pledge of allegiance. The minutes of May 7, 1984 were reviewed. City Engineer Anderson stated that the amount on Page 4, ''Para- graph 7 should be $67,933:10. Motion by Busse to approve the minutes of May 7 1984 as amended, seconded by _Scott and upon a vote taken, it was duly passed. The' next item on the agenda was the continuation of the Howard Olson R.L.S. Councilmember Schweich excused himself from the Council table for this item.' Mr. Bryce Huemoeller commented on behalf' of Howard Olson. Mark Stromwall spoke on behalf of North American Cable. Mt. Dean Morlock, also commented. There was further discussion by Council, Staff and the 3 "parties. (The tape is the legal record and will be kept on file in the City Manager's Office) men Mayor Johnson asked if the 3 parties would consider "going R.L.S. for upstairs to the Conference Room. and try to come to some kind" of Hbwmd Qlacn - an agreement on this. Mr. Morlock, Mr. Erickson, Mr. Stromwall, Mr. McDonald, Mr. Huemoeller, Mr. Olson and the Cable TV people went left, the ' Council Chambers at this time. I Councilmember Schweich rejoined the Council at this time- The next item on the agenda was to review the bids received for the rescue unit. Fire Chief Bob Mertens reviewed this for the Council'., He stated that 5 bids were received. He stated that the fire department has reviewed the bids and would recommend that the bid- be awarded .-to the lowest bidder Road Rescue', Inc. for the, amount of $45,157.00. Councilmember Busse asked about the options'. He asked, if all companies were bidding the same thing or is some of them' are giving a- `little more or a little less. Chief Mertens stated that they were all ,,furnished the same list. As part of the bids' we listed all the_ of 52 options . " A mrd; Bid fc ` Motion by Busse to award the bid to Road Rescue, Inc. as the low PAwm Qdt bidder for the amount of $45,157.00, seconded by Thorkelson and upon a vote taken it was passed. The next item on , the agenda was scheduled for 8 :00 PM, Mayor Johnson called the .Public Hearing 'for Len Grassini +to order. He then asked City' Planner Graser to comment on this utility 1 easement vacation. PAGE .1 ' 7 w MINUTES of the proceedi..4s 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 Planner Graser stated that the public hearing notice was r published in the Prior Lake American May 2, and May 9 19 The applicant, Mr. Len Grassini is requesting the vacation existing utility easements located five feet either side of f existing side yard lines for Lots 12 -20'. These lots are in the process of replat rendering_ the existing easements unnecessary. New easement locations will be dedicated in the replat. He further stated that staff ,would recommend approval by-, adopting Resolution 84 -11. Mayor Johnson asked if there were any comments. W ' There were >none, 1 , Res. W11 Motion by Thorkelson to adopt Resolution 84 -11, vacating ease- t Ls4nosini ments, seconded by Schweich and upon a vote taken it was duly,. 3 Elielowt passed. Yacatim Motion by Thorkelson to adjourn this public hearing, seconded by Busse and upon a vote taken this public hearing was adjourned. ri The next item on =the agenda was a Public Hearing for Keith Web�e� for utility easement vacation. Mayor Johnson called :this publi hearing to order. He then- asked City Planner Graser to review this for the Council. City Planner" Graser stated that this is an easement that was granted in conjunction - with the Green Oaks Plat sometime ago. After the plat was filed, Lots 6, 7 &,,8 were redivided and one, of the property lines happen to be in the potential area of the lot itself. There is an existing house over the 10 foot utility "easement at this time. The City has no need for the easement , for drainage or utility purposes. He and City Engineer Anderson both have reviewed this, and would recommend that the easement be vacated, by adopting resolution 84 -12..l Mayor Johnson asked if there were any questions or comments. There were none. Rea. 8412, Motion by Busse to adopt Resolution 84 -12 approving the Keith <' Keith Webb Webb Vacation, seconded by Scott and upon a- vote taken it was , utility am duly passed. vaatim Motion by Thorkelson to adjourn this public hearing, seconded b Scott and upon a vote taken it was duly passed. z The next item on the agenda was discussion on the agreement for r` a traffic signal at 160th Street. Mayor Johnson asked City Engineer, Anderson to review this. City Engineer Anderson stated that this agreement isFvery similar o ' - to the one for Highway 13- and Dakota Street. He stated that ' MNDOT has set a letting date for May 25, 1984 and:_ for the An stallation of signals and channalization to be completed this year. The cost to the .City would be $4,314.73. He then`- reviewed the agreement that was attached to the agenda packages.- The agreement outlines the' responsibility for the constructi3n 4 and maintenance of the signals. The agreement is ,similar to' past agreements, where the City is responsible for relamping the signals., b There was general- discussion by Council and staff: i lies. 84-13 Motion by Thorkelson to adopt resolution 84 -13 authorizing tr j 1mMe ' Traffic lights at 160th Street, seconded by Busse. atbOth St. There was further discussion by Council and Staff. PAGE 2 t o r MINUTES of the iprodeedings of the City Council of -the City sof Prior Lake in the County of Scott and State of , Minnesota, incliAing all accounts audited by said Counci3 _ l _ Mayor Johnson called the question an the motion and upon a ; cote it #: taken was duly passed. next 1 tem on the agenda' was to�� the preliminary, plat .. ; -;,for Ken Storm, t, City Planner Graser reviewed this for the Council,. He stated p ct, that the applicant appeared before the Planning Commisaion'on x/1/84 and received preliminary plat approval subject to a cash" park dedication fee. Mr.:, Lawrence Schweich and ~Mrs. Marais Bluedorn 'were presen * and supported the project at the Planning, Camdvd s - Bon_ meeting. He further stated that Staff has reviewed 'the r a project lad is recommending Preliminary Plat 'Approval subject,, to a; park, dedication fee of ,$4,260.00. There was discussion\by Council and Staff. It was asked by the Council if Mr. Storm would object to having - °the houses on `doubled faced lots to fade 150th `Street.. Mr. Storm had no objections.`\ ; Motion' b Thorkelson to a y pprove the prel,minary plat to Ken Ilan 9ooem Storm contingent upon the Park ;De`�ication fie of $4, 26ti'.'00 being „ Prslira. ; paid; and that all - double faced lots have the houses° facing 150th `I :Street, seconded by Busse and upon a •votie= taken - - it was, - n � ' The next item on the agenda ,;was to consider the request. to build, b a` structure ch � from , Sweich l) `Construction: `Gouncilmenber - �Sch*'fe'le�h: - exc sed himself from .the Council table for this item. City' Planner Graser reviewed this for the Council. He: ° stated i that Chapter ' 7' of Title '4 of . �' the' Prior Lake City Cake was drafted 'and adopted to regulate metal buildings within the City ;of " prior 'Lake. In effect it Suggests `that aheetmetal, may be e xample, used in a special arrangement or combinat ion ' 'with ' other ratite -, r3a1s, for like brick and /or stucco: He then commented ion °" th'e`ste plan. He" stated that the parking `ot� appears ; to ' sitend directly to the front' °of the building. The architecltttral rendering includes plant materials• which are not possible unless they ar a� climbing ivy.. The building is ptoposed`' to `be .,; situated approximately 55.feet from the rear property line. ' If'' i.t moved to the north approximately 15 feet there -were would be °ad *qua te 'ro for vot plant': materials h' to' screen the 'parking area. and to provide the foundation''plantings' indicated. He further commented. Mr .'Ted Schweich also commented. Counciimember Thorke`lson' the road being paved.° Mr. Schweich stated that the7 parking lot ,would be paved but =the Arta on the side' of.. -the building would not be because of the type`of: equipment that,yotld be stored. He made further comments. There ' was `furthei, discussion by Council, Staff and Mr. Schweich. „Gouncilmember Busse commented on a different style of roof;_ - .. - - A ter further discussion, motion by ,Thorkelson °to .approves the r;quest from Schweich, Construct ion for a structure contingent upon the architectural design through agreement with , the con- -� tractor, 'and Staff and a landscape plan acceptable -to` Staff, seconded by Busse. Mrf Schweich asked that the wording be "steel frame structure ". PAGE 3 i RI RO /f i s MIN(ITES of the prweedings of the City 'Co'uncil of the City! of Prior Lake in the County of Scott and State of Minnesota, including all accounts ' audited by said Council. Councilmember Thorkelson stated that it should read, a me structure proposed by Schweich Construction. ( Planner Graser stated that maybe we should. `also add that it - .LZ the combination of wood, stucco and brick is an acceptable arrangement meeting Chapter 7, Title 4 of the City Code'. Councilmember Thorkelson accepted this to ; ,his motion. Council - member Busse accepted it to his second. 3duldrh Mayor Johnson called the question on the motion and upon,a vote N"al Slaw• ", taken it was duly passed. Councilmember' Schweich rejoined the Council at this time. Mayor Johnson then called a recess. The meeting was called back to order at 9:21 PM. ' The next item on the agenda was to '' consider 'the request for final payment to ',the Archaeologist for the North :Shore'proj,ect. . City Engineer Anderson reviewed this for the Council. ' City Engineer Anderson stated that the Council entered into a Agreement, with Cougar Consulting for performing archaeologica � services for the ;'North Shore Project. Two areas re' additional testing iby the Minnesota State Historical Society.F,s> H % ., quoted from a letter from Gordon Lothson, Archaeologist j from Cougar Consulting. He then stated that the Council axjreed to a fee of $1,917.20 of which $1,102:32 has already, been paid. He further stated that in,. to expedite the work, Staff 7 agreed to, have additional work 'done in the amount of $11522.75. He then recommended that -,Cougar Consulting be paid a total 'of P ° r There was further discussion by Council and Staff. I is :.Motio h . Thorkelson to a i to Y PProve the payment of $2,257.75 " = ;Cougar,,Consulting:,. seconded. by Busse.- Councilmember. Busse asked if they would be paid before the' City ., received the final report. _ . , I " until pity Engineer Anderson stated that the check would be, held' 1 EE ' x the .final report, Gordon anticipated, that viould be o, Wednesday. Mayor Johnson called the Y _question on the =" motion and Upon -vote �a�' vote`*' � a en it` was duly passed. The next item on the agenda was to discuss Count' Road 21 Y project,,,, 11 ` ` Mayor Johnson asked City .Manager McGuire to go upstairs and, -��'"� check on the Howard Olson R.L.s discussion and to report 'bkck!o the Council. City.;Engineer Anderson. and Consulting Engineer Norton then >re- y viewed County:,,,,, Road 21., This was done as a round table discussion s at the bead,of, the Council table. There was mubh. discussion by Council and Staff. 1, 'City Man ager McGuire returned and shortly thereafter statedj` hat' Mr... Morlock /Mr..- : Erickson, Mr. Strotdwal °1 /Mr. McDonald, North _ American Cable and Mr.r Huemoeller /Mr. Ols -on came some kind: of r. an- agreement and would be down - 'shortly to speakwith the Council -� again. t Mayor Johnson asked that the - discussion of County Road 21 b* continued later. PAGE , :4. - r v 1 .0 : 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 ty said Council, - Councilmember Schweich removed himself from -the Council at this time. - c _. l Mr. Huemoeller started the review of the meeting that they had. He=made many comments on the negotiations that were discussed. f J Mr. Stromwall then commented on how the Cable Company should,be ,.t allowed to go ahead with the tower; until specifics come up on ,1 the , other two parcels. Mr. Morlock then commented on 'how a t "permanent road would be impossible ;at this time. He further r commented. r 5 The Vice President for North American Cable stated that they do >! not need the road for all practical purposes at this time. Council and Staff then commented. Councilmember �Thorkelson stated that we have a solution to the problem but the 'parties involved do not like that solution., He stated that the Council is giving the parties '2 weeks to come to z „e an.,agreement. s fbsed' Mayor Johnson stated that he would like to see cable come',into R••`� Prior Lake, and that he appreciated the fact the three parties went upstairs to discuss this further and he felt that they made some progress;, but they have not completed the situation. If we - go ;ahead with this thing halfway we , muddying the waters , further. The`problem is there and they are close to a solution ,' or, at least you are on the road to a solution. ;,He - further stated„ that he would like to see the negotiations continuedand ' then a > solution' brought back to the Council., so thac we can ` solve this problem` rather then continue it and delay ''everyone. Mr.,:Hueioeller stated that he has given a general summarization j satenieht of what we 'can agree on right now and what .we, can't agree on. He further stated that he would like to go 'back'and concentrate 'my thoughts on one issue, and that being who is goi0.tq to pay the cost of improving ' the road.` ` He further F c6"ented. h Counciltit6ber'Thorkelson then commented. 4 Councilmember Scott then stated that it'would''be nice 't6 out a time limit on this but realistically, I "som e what agree with Mr.! Huemoe.11er, how do you know when a developer is going to come, in and;buy -`that property.__ She further commented. There was -further comments by Mr. Huemoelt,er, Council and'Staff, i . A l y Manager` McGuire asked City Planner Graser, hovi long 'the i s aubdivi`s or,` 6cess would take. City Planner Graser stared that It weald take'4 - 6 weeks." , City =Manager McGuire stated that `may 'be the best option.-, City Planner Graser stated that the Olson parcel.;eould be subdivided but the Morlock parcel could be subdivided 3 -4 years . � v down ',the road : 4 City Manager 'Acquire stated that the' problem' would have to' be lived with until that time; but once the Morlock parcel` i§'` subdivided they would have to grant as part of the „`the�;easement process. -City Planner Graser stated that we can require- as a public dedicated roadway, and -,,then there could be a City improvement project, but here. again we face a problem of satisfying Cable immediately. If we just go with platting the Olson property; then we still face the condemnation process of` the Morlock property. PAGE 5' ° a t it c. e { t. MINUT$S 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 he meant wait until they co in for a subdivision. We would not go ahead and condem it, bu t F-7. wait for the dedication of the easement through the subdivision process. ' City Planner Graser stated that was his original suggestion some time ago.,; That they apply for the subdivision, dedicate the City the basement /right of way, and when the Morlock property comes in fLr subdivision they complete the project Mayor Johnson asked if that would solve the problem on Highway 13. ". ` City Manager McGuire..stated. that it would .solve it long term. City Planner Graser stated that it meets our long term objective." z a Mayor Johnson stated that their's does too. j City Manager McGuire stated that 'we d not getting ; efinate 4: City Planner Graser` stated that we would implement the City' ' objective and how we will do : it in order for that property 'to ;b used•, is to implement our plan. ° Mayor Johnson then commented. ' V , . There was further comments. 4 } Mayor Johnson then asked that if Mr. Olson came in,, with' a + request to subdivide, we could qo ahead and issue the ,building =r ��. permit . ti City 'Planner Graser stated if that was what the Council agreed t to--do, `City ; Manager McGuire stated that the process would havef to pb ` further along. The Preliminary Plat would have to be; "given a roval which is pp going to take approximately' month, the park l dedication fee would have to be paid; ; and the permanent, ;easement ' 4 e granted. by Mr Olson with a temporary access to Highway 13 Lbe * t= granted. before the permit could be issued, otherwise there is'no ` quarentee,that..they would follow through. "There was further comments. ` ilCouncilmember Thorkelson stated that we, should leave if open. 'they a Either t. come back with an <oagreement that stipulates the .1* s 2� , tbingsx�;r. that , the City . needs or Howard Olson needs to come. back with ,a subdivision ' request that we can carry though, with.in: a n public hearing, and we can solve the problem. Mayor` Johnson stated that in summary, the City is giving you more time to come back and decide`what it is: that you want to d'oi ° 'There was ,-further. discussion. Mayor Johnson then stated that if it is, not brought' back before the Council by, next week, there will be a three week waitnq period before it could be put, on the ,agenda again. #'t' y ' Manager �.t City McGuire stated that the Council would assume that they are going to come back or take'on the subdivision process, meet before the'" Planning Commission and then come back befog the Council. a" Mr. Morlock commented. k There was further discussion. J i n !, PAGE l 4 V'4 J—, 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 audit�tid by said Council., Mayor Johnson then stated that this item would be tabled until such time as the parties involved contacts 'the City manager ' that they have an agreement 'whereby they wouldbe plated on the agenda or until such a point that an application f or subdivision is submitted and approved by the Planning Commission. Mayor Johnson then thanked the 3 part/,,�Ies for taking the time to discuss this upstairs, "and then again before the Council this evening. Councilmember Schweich rejoined the Council at this time. The next item on the agenda was to' �review.the Law Enforcemen I t Mutual Aid Pact. City Manager McGuire stated that he asked"City Attorney Kessei to. review this. This is a mutual agreement between all the Cities within Scott .,County and the County Sheriff. This is similar� to the', mutual aid pac that we have for fire and rescue with neighbc 'ng municipalities" City Attorney Kessel then commented. He stated that the Agkee- ment as drafted, on Subdivision 2, Page . 2 talks about failure to provide assistance. He. stated that no where in the is ' agreement there discussion as to the liability of parties in thi event there is withdrawal of any assistance after the re�s ponding,party provides assistance to the requesting party. He then suggested that Subdivision 5, there be a sentence added something'. �'Iike "The withdrawal of such assistance� shalL� not result in. ,any liar)i,l.ity of the respondin2 party to the requesting part this ,would be to clearl cover that aspect of it. Other than atthe agree�ment,looks fine as drafted. Mayo ,r Johnson asked if there were any other comments or questions. There were none. J or lWam Moti on by �Thorkelson to approve the Law Enforcimdnt Mutual Aid I ' �4t� 'the Wma Md Pact recommended. changes by City Attorney Kessiel, Wt t* stcondod by Busse and upon a vote taken it was duly passed The, next,, item on the agenda was to discuss the. sale of certain City Pro petty. Finance Director Teschner cotrAented on this., He stated that Staff.'has been contacted concerning the possible sale of a which the City currentl' owns, which are: y I)Lot 1, GrainWood Park, 2)Lot 3, Inguadona Beach, 3)Lot Sunset Shores, Mot 2, Block 3 Brooksville Center First He then stated that the retention of these lots under City owhLurshiO serves no needed purpose. He then reviewed three, reasons .,that the sale would be advantageous to the City. He then stated that if the Council was in favor of the disposition' the real property, four courses of action would.be necessary. 1. Lot Survey 2. Preparat ion of,required easement documents. ' 3. Determination as to whether the property is buildable subject, to the three reasons stated. 4. 1 Appraisal of the property. He futher stated that a legal opinion from the City Attorney would be necessary as to whether the City can determine disposi- .tion of property that is "dedicated to the Public" because of the Grainwood Park lot. 'There was further discussion, by Council, Staff and City Attorney ,Kesse14 After further discussion, motion by Thorkelson, to authorize Finance Director Teschner to proceed with the necessary steps toward the disposition of certain City Property, seconded by Busse and upon a vote it was duly passed.�i' PAGS 7 101 RIM -7. WO N MINUTES, - of the proceedings of ti. City 'Council of the City` ` of Prior Lake in the' County of Scott and State of Minnesota, including all accounts audited by said r g Council. fr Mayor Johnson then, went back to item #11 on the "agenda, -which II a C. S "?1 was to discuss County Road 21 Project. He stated that there was , "Ject a memorandum from the Finance 'Director' concerning the cost t1_.. I the City on;.ibe County Road 21 Project. He asked Directo Teschner- to ,review this. , City Engineer Anderson -and Consulting y , -Engineer . Norton also - com'- mentod on this. '7 r> There was further discussion by Council and Staff. Mayor Johnson asked Finance� 'Director Teschnj.r what he would suggest 'as the Staff.- to Council of the programs available would be the best program ava to us. Finance Director Teschner commented._ Mayor „ Johnson directed Staff, to„ taker the,`" three alternatives ` discussed,, go 'into further, :stud with them arid° then come' back to`� - t; the Council with their recommendation. There was further discussion by Council and 'Strtff Mayor Johnson: asked if there "was any, othar•` business that needed �x trf be'. taken care of. $ :Councilmember Scott asked about Street overlaying. City Engineer Anderson commented. # f `.� City Manager McGuire reminded the Council that at '10:30 AN on' ;!i Tuesday, May 15, 1984 the Scott County Biard would .be holding a public, hearing on the "NO WAKE" Ordinance.. a Mayor Johnson stated that it was recommended, than the. Council. adjourn . ,to, an _executive executive session with L03 Counsel to discus " hl g ,,' =, y pending 'law suits. v* Motion by Thorkelson to adjourn to an' executive session, seconded. by Busse: and 'upon a vote taken this meeting was adjourned to an � . , executive session at 11 :04 PM. 4 Michael A. McGuire`' City Manager Jakki K. Menk r Recording Secretary 1 R F� d k PAGES U _ JA 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 } 1 said Council'. Park & Recreation continued Lano Equipment Repair Supplies 197.08 Shakopee Public Utilities Utilities Port =O -Let International Rentals 55.00 Connie Hemme Refund 23.00 Chuck E: Cheese park Prog. 'Klingberg Bus Bus Charter 305.•00. ' Scott Karakas Instructor 135.00 i Valley ,Sign Signs 441 00 4 New; Prague Lumber Cement 106:'23 ;First,Bank St. Paul Debt Service 6,351.25, NW'Naiional Bank Debt Service 12;50 Alvin" ".,,Ebel Capital Outlay Land .16,200. 'LaTortue Park Program 148:82. STREET: k Prior Lake Aggregates Sand 8'Gravel "` 83'2 T Wm. ' Mueller do Sons Bituminous 76.28 • '.' °! 0. L. Shiely Co. Sand do Gravel r " Earl F: Anderson Suppltes °` ''49i.82 .; 'Metro, Fone Inc. Rental 3 SEINER : Schrader Block Pumping 65.00 Tri -State Pump Repair. 604. 00 ^` john McKinley Repairs.a 45.00. - Metro Waste Control )kor Waste Control Installment 23,20401 r SAC Charges 11,865:15,. MATER �acTi r Co. Chemicals 327 09 ' VAn laters & Rogers Chemicals M.55 Servo Lab Analysis 24.00 .' r KlingbergjExcavating Rental Al !N Dept. of Health Cert. Fee' PRIOR LAKE CONSTRUCTION'FUNDe 0 Engineering Fees 2,099:77 x `m; i=T SERVICE.: Est Bank Mpls. Debt Service 87,451`.55 ,EQl1I tlT .CERTIFICATES Lano. Equipment Equipment (Bobcat, 6060 Tractor) 31, 56 00`, :p ,1 r Belzer's Todd Chevrolet' Equipment C 4 x 4 Pickup) 12,008.52. N -. inpesota Toro 72" Diesel Toro 9,559.00 wren tlMoody Professional Services1,500.00' .. < Pioneer Rim 6 Wheel er 833.94 Sam Bioom,'Iron d Metal Trailer 192.74, ' Gaicelidr Steel Co. Trailer 498.55 MidWest Wholesale Tire Co. Trailer 100,00 Prig. Lake. Ca uest � Trailer. ' - 268.79 A < ; PL,'QK Mdwe Trat�ler, CAPITAL FIRE FUND: FqUcher Printing Printing & Publishing' 371!.10 , ���tt4w',hxmRWh rwwMVC - vn p t,Y %+✓vm*!•� +- m•. - a...x - vr.rn7%"i •^ ^" w+3+Skv.Y.nMYJ[ �"f.,.3•' {�'.�Si`$4..iN aY`� V' ,{t S °+�5+.4d4.w$' U A