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HomeMy WebLinkAbout021688 Regular CITY OF PRIOR LAKE MINUl'ES OF '!HE CITY COUNCIL February 16, 1988 '!be Comm::>n Council of the City of Prior Lake met in regular session on Tuesday, February 16, 1988 at 7: 30 p.m. in the City Council <l1ambers. Present were Mayor Andren, Councilrrernbers Larson, White, City Manager Dave Urnnacht, City Engineer Anderson, Assistant City Manager/Econanic Developnent Director Schrnudlach, and Assistant City Planner Garross. Councilmernber Fitzgerald was on vacation. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the February 1, 1988 meeting were reviewed by Council. Councilnenber White questioned a sentence on page 4, paragraph 14. Recording Secretary Birch was directed to listen to the recording to verify the wording of the sentence. '!be following is noted for the record: John Fitzgerald: "We need to direct staff to secure appraisals on the Keenan parcel and probably the B & D parcel and enter into negotiations with Mr. Keenan if he wants to talk to anybody about it." (This sentence is verbatim as stated by Councilmernber Fitzgerald) IDTION MADE BY LARSCN, SECONDED BY SCOT!' , TO APPROIJE '!HE MINUl'ES AS SUBMI'I'I'ED. Minutes Upon a vote taken, ayes by Andren, Larson, and White, the motion passed unanimously. Councilrrernber Scott arrived at 7:34 p.m. The next order of business was consideration of the Consent Agenda as follows: a. b. Invoices to be Paid Building Permit Report for January Dog Catcher's Report for January Approve Contingency Expense for Office fuve Approve Building In~ctor's Agreement Between Prior Lake/City of Savage Approve Expansion of Watershed District Boundaries update on Regional Transit Board Opt OUt Study Approve Resolution 88-13 Feserve Vacation in Spring Lake Townsite Invoices Bldg Perm DogCatch Office Mo Bldg. Ins Agreement Watershed Opt Out RS 88-13 c. d. e. f. g. h. (City Manager noted that on the Agerrla and Agerrla Report the Consent Agerrla Item's alphabetical listing was incor rect) - '!be above listing is now correct. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Minutes of the City Council February 16, 1988 Councilrrember White requested that Item (f) be removed for discussion. IDTION MADE BY LARSOO, SECONDED BY WHITE, TO APPROVE '!HE OONSENl' AGENDA WI'lli THE Consent EXCEPI'ION OF ITEM (F) WHIOI IS REM)VED FOR FUR'lHER DISaJSSION. Agenda Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimously. Attorney Kessel arrived at 7:37 p.m. 'lhe next order of business was consideration of Project 82-3 Agreements. City Manager Unrnacht briefly reviewed the items and the p:rtinent facts relating to the following issues: Settlement Agreement and Release between the City of Prior Lake, Larnetti and Sons, and OSM; Final Construction Payment/ Voucher Payment to Larnetti and Sons; and Author ization of Payment to OSM for Engineering Services and COntract Administration. Unmacht noted that COuncil will be advised when the invoice is received in conjunction with the "as built" plans for the Project. City Engineer Anderson then reviewed the specific items and Resolution 88-19 -- Approving Settlement Agreement and Release for Project 82-3. Lengthy discussion followed. The subject was raised regarding the televising of the sewer lines on the Project. City Engineer Anderson stated that the lines would be televised prior to the completion of the warranty contract. Discussion occurred on how to pay the costs for the televising. Discussion followed. IDTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROIJE RESCLUl'ION 88-19 - A Res. 88-1c RESCLUl'ION APPR<NING SE'l"ILEMENT AGREEMENT AND RELEASE FOR PRQJECl' 82-3. Proj 82-3 Upon a vote taken, ayes by Andren, larson, Scott, and White, the motion passed unanimously. IDTION MADE BY LARSON, SECONDED BY SCOT!', TO AU'lHORIZE '!HE MAYOR AND CITY Lametti & Sons MANAGER TO SIGN '!HE SE'l'I'LEMENT AGREEMENT AND RELEASE. OSM Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimously. IDTION MADE BY SCOT!', SECONDED BY WHITE, TO APPROVE '!HE FINAL OONI'RACl' PAYMENT Lametti TO LAMETl'I AND SOOS IN THE AMJUNI' OF $126,420.96 OONI'INGENT UPON RECEIPT OF ALL Final LIEN WAIVERS. Payment Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimoUSly. IDTION MADE BY SCOTT, SOCONDED BY L.ARSOO, TO APPROIJE '!HE DECEMBER 30, INVOICE FOR ADDITIONAL SERVICES TO Os.i IN '!HE MOUNI' OF $14,653.17. 1987 OSM Payment Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimously. The next order of business was consideration of Subdivision Ordinance Amendments. Assistant City Planner Garross presented the proposed amendments as requested by the City Council to the following Sections: 1. Section 6-7-1 - Trees and Tree Planting Requirements 2. Section 6-4-2 - Existing COnditions 2 Minutes of the City Council February 16, 1988 3. Section 6-4-3 - SUbdivision Design Features 4. Section 6-5-1 - Data for Final Plat An overhead of street and yard planting requirements drawn up by Consultant Charles 'Iboker was presented. '!he Council indicated that this information be implemented in the Policies and Procedures Manual. Ms. Garross indicated that this information would also be given to the builders when they apply for a p:rmit. Discussion followed. IDTION MADE BY LARSCN, SECONDED BY WHITE, TO APPROIJE '!HE AMENDMENI'S AS PRESENl'ED SubdivisOl TO SECTION 6-7-1 - TREES; SECTION 6-4-2 - EXISTING CONDITIONS; SECTION 6-4-3 - Ord. Ameru SUBDIVISION DESIGN FEA'IURESi AND SECl'ION 6-5-1 - DATA FOR FINAL PLAT OF THE PRIOR LAKE SUBDIVISION ORDINANCE. Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimously. The next order of business was a Public Hearing on Road Easement Vacation Petition - Resolution 88-08. Mayor Andren called the Public Hearing to order at 8:25 p.m. and read the legal notice as it appeared in the Prior Lake American on February 1 and February 8, 1988. City Manager Urnnacht outlined the vacation request from North Shore Oaks, Inc., and property Owners Eugene Simpkins, Douglas \ Farrell and Robert Farrell. Assistant City Planner Garross presented details of the request to vacate a part of a 60 foot road easement located within Lot 1, Block 2 and Outlot "C" of the Fifth Addition to North Shore Oaks. Discussion followed. Mayor Andren called for comments fran the audience. No responses were received. IDTION MADE BY WHITE, SECONDED BY LARSCN, TO ADOPI' RESCLUl'ION 88-08 - A RS-88~08 RESCLUl'ION PRCNIDING FOR '!HE VACATION OF ROAD EASEMENT CONl'AINED WI'IHIN '!HE PLAT Vaca~lon OF NORm SHORE OAKS 5'lH ADDITION. ~~:~e Oak Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimoUSly. IDTION MADE BY LARSCN, SECONDED BY WHITE, TO ADJOORN '!HE PUBLIC HEARING. PH Adjour Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimousl y . A short recess was called. '1be meeting reconvened at 8: 40 p.m. '1be next order of business was to Consider the Pulltab Gambling Application for MJ.'GS Booster Club. City Manager Urnnacht presented the details of the MAGS request for renewal of a gambling license to continue the pulltab operation at T. J. Holligans. Art Bannerman, President of MAGS, addressed the Council and requested that they consider renewing the license for another year at T. J. Hooligans. 3 Minutes of the City Council February 16, 1988 Ken Hedberg, President of the Prior Lake SWim Club, spoke in support of the proposed ordinance which would limit the issuance of gambling licenses to local organizations only. A representative of the Prior Lake Lions Club, Bob Bailey, spoke in opposition of a gambling license being issued to MAGS, and stated that the Lions Club would like the opportunity to apply for a gambling license in the Prior Lake area. A brief discussion followed. IDTION MADE BY SCO'l"I', SECONDED BY LARSCN, TO DENY THE GAMBLING LICENSE MAGS APR.ICATION OF MAGS I3CXln'ER CLUB. Pull tab Denied Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimously. City Manager Umnacht introduced Assistant City Manager Schrnudlach who presented an update on the requirements of the Scott County Solid Waste Master Plan am the plans for developnent of a recycling program. Ms. Schnudlach stated that the City staff will continue to monitor the County's activities and will work aggressively to meet the needs of the state mandate of 16% recycling of solid waste in Scott County and the needs of Prior Lake community. A brief discussion followed. '!be Council suggested that a Workshop may be appropriate to discuss local solid waste programs. No action was taken. A short recess was called. '!be meeting reconvened at 9: 10 p.m. PH 'lhe next order of business was a Public Hearing on North Shore Oaks Improvement North Project. Mayor Andren called the Public Hearing to order at 9:25 p.m. and read Shore the legal notice as it appeared in the Prior Lake American on January 25 and Oaks February 1, 1988. City Engineer Anderson presented information and overheads of the area in the third, fourth and fifth additions of North Shore Oaks in which the improvement project will take place. City Engineer Anderson stated that developers of the North Shore Oaks 5th Addition would agree to executing a waiver of public hearing and assessment app:al. '!be project will include: installation of sanitary sewer, water main, and storm sewer; bituminous surfacing, concrete curb and gutter and appurtenant work, and bituminous surfacing, concrete curb and gutter and appurtenant work on the Library parking lot. City Engineer Anderson reviewed the estimated cost for the project which included assessment, interest, and connection to the utility system. Gordon Oxbor row, 14143 Fisher Avenue NE, addressed the Council and questioned as to whether the residents could save money by doing the boulevard work themselves. Discussion followed regarding associated cost and SAC charges. Upon a vote taken, ayes by Andren, unanimously. RESCLUl'ION 88-14 A RS 88-14 PLANS ON FISHER Fisher Ave Library L, larson, Scott, and White, the motion passed IDTION MADE BY WHITE, SECONDED BY SCOT!', TO APPROIJE RESCLUl'ION OIDERING IMPROlEMENT AND PREPARATION OF AVENUE/LIBRARY PARKING IDT (PROJEcr 87-18) . IDTION MADE BY WHITE, SEXl)NDED BY S<nTl', TO AroOORN '!HE PUBLIC HEARING. PH AdjourJ Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimously. 4 Minutes of the Ci ty Council February 16, 1988 'lhe next order of business was the discussion of the Water and Septic System Analysis for North Shore Oaks. City Manager Urnnacht reviewed the past details on the decision to corrluct an analysis of the water and septic systems in the North Shore Oaks area, and the cost involved in corrlucting the analysis. City Manager Urnnacht requested direction from the Council on procedures to follow in corrlucting the analysis. Discussion followed on whether to use Staff or an outside consultant to conduct the analysis. It was agreed that Staff would corrluct the analysis in-house which would result in a considerable dollar saving for the City. Urnnacht stated that should failures in the septic systems be found that Staff will proceed with corrections without first coming back with a report. Council concurred. Council expressed concern with regard to the communications with the residents. Staff was directed to cornrnunicate all details as to when, why and how the testing would be done. City Manager Urnnacht assured Council that all residents would be contacted and a full explanation would be given on all details of the analysis. Discussion followed regarding procedures to be used, eXPenses incurred, etc. Councilmernber White also expressed a concern over possible contamination resulting from very low wet areas adjoining the problem system (should any faulty ones be found). Septic IDTION MADE BY LARSOO, SECONDED BY SCOTr, TO APPROVE AN IN-HOOSE STUDY OF WATER & Water AND SEPTIC SYSTEM ANALYSIS FOR '!HE NOR'lH SHORE OAKS ADDITION AREA. Study North Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed Shore Oak unanimously. A short recess was called. 'lhe meeting reconvened at 10: 04 p.m. 'lhe next order of business was a Public Hearing on the Proposed cable Television PH Franchise Transfer. Mayor Andren op:ned the Public Hearing by the reading of Cable the legal notice as it app:ared in the Prior Lake American on February 1, 1988. TV . City Manager Urnnacht reviewed the details of the request as presented by North Franchlse lIrnerican Cable (NACC) and Star Midwest cablevision Group. Urnnacht noted that Transfer the financial information the City Attorney had requested frCln Star Cablevision Group had not yet been received. Richard Penkert, Iegional Manager of NACC, addressed the Council regarding their request for a franchise transfer. Steve Peterson, Senior Vice President of Star cablevision Group, gave the history of Star Cablevision Group and suggested that should either the City Manager or any members of the City Council have any questions he would encourage them to contact other city officials to get their opinion of the reputation of Star Cablevision, and the type of service they give in other comnunities. Lengthy discussion followed on many issues related to the franchise transfer request. IDTION MADE BY LARSCN, SEXX>NDED BY WHITE, rro CDNI'INUE PUBLIC HEARING UNl'IL MARQI ~~n~~~ue 7TH. WI'!H A DATE TO BE DETERMINED BY STAFF. Cable TV Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed unanimously. A short recess was called. The meeting was called back to order at 11: 00 p.m. 5 Minutes of the City Council February 16, 1988 '!he next order of business was consideration of Consent Agerrla Item (f) formerly referred to as (g). Councilrrember White had questions on the Lower Minnesota Watershed District boundaries am the changes stated on the p:tition requesting expansion of the Watershed District. City Engineer Anderson discussed the petition and the future reaction by Scott County to the proposed actions as stated on the p:tition. City Engineer Anderson explained the purpose . o.! of the formation for the Water Management Organizations. "''I ........ \,. ~. ,f{,iJ'IDTION MADE BY SCOT!', SECONDED BY WHITE, TO AU'mORIZE STAFF TO SIGN '!HE c~ange : ~' ~ ~(~ RESCLUl'ION CALLING FOR SCOT!' <DUNI'Y WATER CDMMISSIONER TO PETITION '!HE MINNFSOl'A 0 . '. (:.~ .~, ~ BOARD OF WATER AND SOIL RESOORCES FOR A CHANGE IN BaJIDARIES OF THE CREDIT RIVER Boun~ar7e: >" .., \( "'..... Credl tRl v t~~[~~ \:; AND SHAKOPEE WATER MANAGEMENT OroANIZATIONS. & Shakopel Upon a vote taken, ayes by Andren, Larson, Scott, and White, the motion passed ~anagemen' unanimously. rg. '!he next order of business was a report by City Manger Urnnacht on the near completion of the Prior Lake 2000 Community Action Oammittee membership. An announcement was made that the Metropolitan Council State of the Region Meeting would be held on March 2, 1988. Council is invited to atterrl. City Manager Urnnacht announced that a tour of the "Cottages" in Stillwater was being arranged should anyone on the Council be interested, if they do not want to go as a group, they should contact Bill Bissonett for individual tours. Information on the 1996 Olympics was handed out to each Councilnernber. '!he date for the March Transportation Workshop will be announced later this month. Councilrrember Larson reported that the Assessment Policy Manual has been completed and sent to Councilnernbers. '!he same Committee rnanbers will serve on the Developer's Agreement Oammittee. Mayor Andren read a request fran Councilnanber Fitzgerald which stated that he would like Council to consider addressing tax forfeiture land in the Assessnent Policies. City Attorney Kessel announced that the only cities who have not approved the Cable Television Transfer are Prior Lake, Savage and Silver Bay. City Engineer Anderson announced that there would be a surprise op:n house for Smiley Johnson on Thursday, February 18, at the City Fire Hall. '!he next Council meeting will be furrlay, March 7, 1988 at 7:30 p.m. 'lhere being no further business, consent of the Council. the mee . ng adjourned at 11: 30 p.m. l~~~ by general Dee Bi rch Recording Secretary 6