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HomeMy WebLinkAbout12 08 1986. CITY OF PRIOR LAKE Agenda Monday, December 8' t 1986 CALL TO own 7:30 p.m. 1. Pledge of Allegiance T. Minutes of the Previous Meeting ,., 3. Mnsider Island View 4th Addition Asrdshell and Dvwloper's n t „ 8:00 pie 4. Public Hearing - James Mickley Street and Alley Vocation 5. Dick Birno - Discuss New Legislation for All- Werrain Whicles 14 6. Consider Aaquest for Rearming - ,Caspa9noli 7. Consider Loam Agreement with Lekers Alano Society, Inc. B. Outsider Acquisition of Residential Lot for an Additional City Well 9. Oonsider !Agreement with Shakopee N&Atakanton Sioux Corainity to Provide Sanitary Sewer 10.: Discuss Datas.Ad Process for Considering Council Candidates <>` 11. Disom for Review of City Manager 12. Other Business a. ` 13. „ AAnamommmaits and Correspondence a. met Ceu&il Meeting - Motday, December l5 1986 at 7:30 p--u. , c. _, 2 14. Adjournment > tXil t3ass stated 'on the e7outi61 1Agenla, with the elooeption of Pub11c Hearigs ., f"14 ppi6si=te ,and slay stare- a. fwc �3nutes earlier or later. W4 N7 t30 . 440 DAKOTA. STREET &E P.O, BCX 3W PRK "R LAKE, MINNESOTA 56572 r l r CITY OF PRIOR L AKE MDRHSS OF THE CITY COMM December 8, 1986 S , The Conan {Council of the City of Prior take met in regular session on Monday. December 8, 1986 at 7:30 p.m. „in the City Council Chambers. Present were -!ayor Andren, Clouncilmembers Fitzgerald, Scott, White, City Manager Nowire,�QCity Ungineer Anderson, City Planner Graser, Assistant City MimMr/�ic Deuelopment Director Unmacht, Assistant City Planner Garross, Police Chief �- Powell and City Attorney Kessel. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The ainutes of the December, 1, 1986 meeting were reviewed by Council. Councilaewber Scott stated the following should be added to page 3, paragraph 3 after the second sentence: There was adiscussion on why payment,, in lieu of t taxes was not included in _ the agreement. Mr. Jacobson indicated that the Sioux Cbseunity'is sensitive to the fact that there are., costs which, the Ci is experiencing. Mr Thampeon hee both the tt�a "There and the.C.ity and to have to other agreements -pceeente1 "think l wis one . of then that identified that the payment in lieu of taxes lwas., certainly a question the Tribe would: undertake.. I` think that our p: . feeling owl thrs sewer system was that that was a singilar 'focus project that really did not encompass the broader issue of payment in lieu of taxes.'; ' Th further indicated that they would' be :grilling to begin M and negotiations on payment in lieu of taxes. MDT= MRS NUDE', FJY 9CY)1'1'r SBCOHM Eff WHITE, TO APPRIM TM MnV= OF DECEM 6R 1 1986 AS AlI;ZIDI D. Upon vote taken, ayes by Andren,, Fitzgerald, Scott, and White, the motion Passed unanimously. The text item'on the agenda was to consider island view 4th Addition Hardshell. 'and Develcpsr's Agreement. City`Planner Graser stated that the Preliminary Plat s for Mand -View ` eth Addition va a the Council on. October 70 1986 with nine contingencies. All of the 'contingencies had been met with the exception of the one dealing with the developer's agreement and bond. The current City Code xequires that a bond'be provided prior to "final plat approval. W. Gramer stated further that the developer could, not get a performance bond beam a he is not a contractor and he could not get a letter of credit until the , 1613► 44'1-4= 4529 DAKOTA STREET S.E. P.O. SOX 359 PRIOR LAKE,, MINNESOTA S6872 x; mn*j ES OF 7HE` PRIOR LAKE CITY COUNCIL ' December 8, 1986 a ' final plat is recorded. The developer did provide a letter from the financing company confirming financing would be availdble, upon filing of the hardshell. City Attorney Kessel stated'this letter allowed too much rick for the City and recommended it not be accepted. An example of another letter referred to as a "lender's letter* was presented for consideration to be accepted in lieu of a bond. Mr. Kessel stated that this letter mould be less risk to the'City. The developer, Dennis nXilliams, stated. that because the City policy on the bond requirement changed he did not have enough time to secure a bond= however, if., � the final gat Was approved tonight, he 'would provide Whatever security the Council would require within 30 days. Discussion by the Council followed regarding the bonding requirements policy and possible changes that may be made _ in the future. Mr. M Williams also presented to the Council figures that differed with the figures used by Staff in the deve loper's agreement. Discussion by Council followed regarding tabling this item for a week to allow Staff an opportunity to analyse the figures. Mr. MMilliams stated he was willing to go along with the developer's agreement as it was presented. by Staff so that it could be approved tonight and if any policy changes were made by the City, then any credits' due him because of the change could`be given at that time. City Attorney Kessel stated that could not be a condition of approving the hardstell. If�any credits would be due the developer for Work done for the, benefit of the City, this should be, addressed at 'a future date._ "are Was further discussion by the Council regarding Outlot A. City Engineer s Anderson presented a revision to the developer's agreement reflecting that Outlot A would not be accepted by the City for park property. KMOM WRS MADE BY FITZGEMLD, S80OrDM BY TO AP PROVE ME FINAL PLAT OF Island ISEOM Vii - 4TH ADDITIOH AND DBELOPER'S AGREMW AS RSVISM BY STAFF NOT .view 4th s AOMP MG OUMO'1 A A9 P11tt1C ` PRL'PE M AND TEAT A BM BE POSM PRIOR TO addai„ '. OON�'ROC3'ION. ,; • OmmiLmober, Soott asked that the following clarification be added to the motion and douncilmeober Fitzc rdrald agreed: 'AB FdMS a1 POOR 7HE: DISCREPANCY FROM THE OMINAN($ ON THE BOND P30UIREMM MRS, Duo TD TRB Tnwmm INVMVED AM MM MST OP THE DEVEEMR. The Council did clarify that feven though tWre was a discussion on changing policies, no indication was''sade that any policy charges resulting in credits to developers woulii be retroactively applied for this subdivision. Upon a vote taken, ayes by Andren, Fitzgerald,. Scott, and white, the motion ' passed ura dmously A four, haute recess was then called. j The next item "on the agenda was the public hearing for the Jam es street and allay "vacation. I!Isyor , Arx]rtr► called the public hearing to order at 8 :36 p.m. aria read for.the'reoord the public notice as it appeared in the Prior Lake A■etican on .November 24 and 'Decembe 1, 3986. The tape recording will be. kept on file in the office of the,City­Manager - as the official record of the public hearing. Y 2 1 A r�i y _ �I�\�i�r�.yn k�' ^. ,° S N t i `; _i, 1w1_ •* 'A •; G C . - MINUTES OF THE PRIOR LAKE. CITY COUNCIL ,. December 8 _ Assistant City Planner resented the y p request of James Mickley to vacate part of Third Street and, part of the alley in Block 32 of Spring Lake Townsite. The vacation was requested because part of Mr. Mickley's garage is located on a part of Third Street. Northern States Power „dies have utility lines in the area but would not oppose the vacation provided utility easements were granted. Discussion followed by Council regarding the abutting property owners acquiring the property if the 'vacation was approved. o MOTION WAS MADE BY FITZGEWD, SBODMED BY WHITk; TO ADOPT RESOLUTION 86 -23 A Mickley 4 RESOLUTICN PROVIDING FOR THE V OP PART OF THIRD STREET AND THE ALLEY IN St. vac. BLOCK 32,, SPRING LAKE TO MSITE SMJB(T TO THE MMSSW ERSH+BN!'S BEnG MANM Res 86-83 TO NORTHERN STATES POUER AND THE PETITIONER PROVIDING WRITTEN DOCIBWDMON TO THE CITY WITHIN ONE YEAR STI►TDG THAT THE EASEMENTS HAVE BEEN GRANTED. � t` Upon a vote taken, ayes by Andren, Fitzgerald, Soott and White, the motion 1 , passed unanimously. MOTION WAS MADE BY SCOTT, SECONDED BY WHITE, TO ADJOURN THE PUBLIC. HEARING,. Upon a votee; taken, ayes by Andren, Fitzgerald, Soott, and White, the .motion Imsed:unaitmously. The public hearing adjourned at 8:48 p.m., The nE'xt i. on, the. agenda Was a request from Dick Birno to consider a City Code aawridwent regarding all terrain vehicles. Mr. Birno addressed the Council asking thkt.ordinanoe "11 -3 -3 be amended to be compatible with a new state Terrain jgtatute which allows all terrain vehicles to be operated similar to snowmobiles. Yehiclesi Police Chief Powell stated problems the Police Department` would have in enforcing the change and ,regulating all terrain vehicle and, - therefore, recoR*ended that a change not be made. Discussion by Council followed. MOTZ N IRS MADE BY WH ' i SH ONDEU ' BY FITZGERAI,D, TO DENY THE ROQUEST TO , MEND SBZ.TION 11 -3 -3 OF'THE CITY CODE'. Upon a vote taken, ayes by Andren, Fit agerald, Scott, and White, the nation Pessed unanimously. f The next item on the agenda was to consider a request for rezoning regarding Re:on. Jerawe Gampagnoli property. City Planner Graser stated the petitione�',is of listd. requeting removing of a 5.1 acre parcel from C-1' conservation to A rl Retreat agricultural because they plan to use the land for a limited retreat. After expidbatioh of the site. Staff did recommeneIr that approximately half of the site could be rewoned A -1, but the eastern portion which consists of ,low and swavW land should remain C =l. Jody Rafferty, who recently bought the prope and Will be developing the retreat, was present and addressed the Council; ,r a Discussion`by the Council followed. " K T1ON WAS MADE” BY WHITE, SMOMM BY FMGERALD, TO APPROVE THE REZONING OF i HALF OF THE SITE fta C -1 HYRTION TO A -1 AGRICULTURKL ADD THE PETITIONER ; MST SMUT A LEM DESCRIPTION' OF THE AREA HEIID REZONED. ° 3 MINVrES OF THEPRIOR LAKE CITY COUNCIL December 8, 1986 Discussion of the motion followed. Councilvember Scott asked that the following description of the site: added to the motion: PDRrIDN OF THE SITE FOLIMM THE BLUFF LINE" upon a vote taken, ayes by Andren Fitzgerald, Scott, and White, the motion passed unanimously. A five minute recess was then called. Mayor Andren called the meeting back to order at 9:13 p.m. The Council,then moved to item #8 on the agenda and considered the acquisition Addn of a residential lot for an additional City well. City Engineer Anderson stated that the City will need to expand its well system in the future and the new well Lot for should be constructed far enough from the exist City well ing wells to prevent influencing the water table but close enough so that if a water treatment plant is'Site- oonstruc0ed, the water could be centrally treated. The lot being considered for T awuisitiL��\ was Lot 15, Block 3 of Brooksville Hills 6th Addition which cou.1d, be purchased for $19,500. Discussion by the CA*=il followed regarding the location of wells, if a water treatment plant would ever be constructed and considering the location of the new water tower site for the well. It was the consensus of the Council to table this item and have Staff prepare figures on the cost of pumping the water from a well located at the water tower site to a treatment plant: if indUdled versus the cost of.acquiring this lot The Council then continued the discussion of the agreement�� to provide sanitary sewer to the , Shakopee Mdewakanton Sioux Community. Present at the meeting were Jdm Jacobson, attorney; Bill Thompson, Tribal Administrator'. Ron Robinette, Minnesota Dakota Housing; Leonard Prescott, Chairman -!of the Sioux Community; Vicky L4cio,, , Secretary-Irreasuret for the Sioux Community; and Barbara Sennes, Metropolitan Council. A revised agreement was� presented to the Council and Mr. Jacobson reviewed the revisions.i He further stated that HUD,funding was ­4 available to the Sioux tv� until the middle of December and the,. Metropolitan Council had tbe agreement., Discussion by Council followed. Councilmember Fitzgeral&,reviewed a list of'. items that he felt should be made part of the agreement, saw being. minor changes for clarifications purposes and other cham qes were more significant, such as changing the number of resideftial equivalent units from 300 to 1 requiring that the customary 6% developer's fee be paid and requiring that all construction in the Sioux Comimunity conform to the Uniform Building Code (primarily for fire fighting efftrts)� Chairman of the'Sioux Community, Leonard Prescott, addressed the Council stating the Tribe's need for the sanitary sewer system, the housingL need and the Tribe's willingness to'000perate with the City in reaching an agreeme�t.' ' There was further discussion by the Council. The requirements to be included in the agreement as listed by t�lw Coul cil in the July 14,'1986 minutesvere reviewed by Mayer Andren and iitfi-' the ixception of the items dealing with land use that the City cannot govern, all the requirements had been met. City 4 I Aix The next item consider -- ,--.,,e Council was the lease agreement with Lakers Lease Alano Sbciety! ..y�Menager McGuire stated that the Alano Society had been Aareenen� lessir-- __� -oY the basement of the Library for approximately three years and with —city insurance agent advised that the City enter into this license Laker redsEnt,. Adano MOTION WAS HAM BY FIT MPk D, SBODMED BY WHITE, TO APPR M THE LIOMSE AGREHNCRT WITH THE TAKERS ALANO SOCIETY, INC. Upon a'vote taken, ayes by Andren, Fitzgerald, Soott, and White, the motion pass unanimously. i The Council then discussed dates and the procedure to be followed for interviewing candidates for the Council vacancy. It was the consensus of the Interview for . Council to schedule December 17 from 5:00 7:00 p.m. for the Council to nterview interview the candidates on a one-on-one basis. If a Councilmember wished to for CC meet With individual candidates prior to that time, he /she could arrange to docandidate r, 5 E W } MINUTES OF THE PRIOR LAKE CITY COUNCIL December 8, 1986 1 Attorney Kessel stated that both he and Joe Preloznik felt the document was a Agrat fair agreement. Charging the 68 developers fee for inspections and review of with SMSC plans was discussed further. Payment in lieu of taxes was also discussed. for Sewer Council asked that City Manager McGuire set up a time table with members of the Sioux Community to begin discussions on payment in lieu of taxes and, other issues. Mr. Jacobson, Mr. Thompson and Mr. Prescott all stated they were willing to begin discussions on these issues. MOTION WAS MADE BY WHITE, SBOONOED BY SCOTT, THAT THE AGREEINP WITH THE SHAKOPEE MDEWAKANTION SIOUX 0"UAIITY AS PRESENTED WITH THE MINOR HOUSEKEEPING3 ITEMS THAT WERE LISTED BEAN ;INCLUDED BE APPROVED. F Discussior.of' the motion followed concerning defining the minor housekeeping items to be included such as the Exhibit 2 map. Councilim tuber White 'stated that the attorneys should work out the items that were agreed upon to be included based on tonight's discussions. Upon a vote taken, ayes by Andrea, Soott, and White; nay by Fitzgerald; the motion passed. upiapAmwely. 0ouncilmember Fitzgerald stated the reason for his nay vote was because in his opinion the contract failed to call out the customary 68 developer's fees, the number of residential equivalent units would produce development that could conceivably disrupt the orderly development of Prior Lake, that a separate section for the cost of the replacement of the entire facility was not set forth, that the City of Prior Lake had no inspection provisions or rights of the facility, that there was no maximum gallonage flow in the pipe set forth I pecifically and he had concerns on seepage in the pipe, no time element had ' been established, no c to any type of construction standards had been established, it did not expressly establish the lands for service, no provision was expressly stated that the local BIA representative was acting with full r knowledge and approval of the federal government in this matter. A five. minute recess was then called. Mayor Andr- - -cne meeting back to .,order at 11:07 p.m. I Aix The next item consider -- ,--.,,e Council was the lease agreement with Lakers Lease Alano Sbciety! ..y�Menager McGuire stated that the Alano Society had been Aareenen� lessir-- __� -oY the basement of the Library for approximately three years and with —city insurance agent advised that the City enter into this license Laker redsEnt,. Adano MOTION WAS HAM BY FIT MPk D, SBODMED BY WHITE, TO APPR M THE LIOMSE AGREHNCRT WITH THE TAKERS ALANO SOCIETY, INC. Upon a'vote taken, ayes by Andren, Fitzgerald, Soott, and White, the motion pass unanimously. i The Council then discussed dates and the procedure to be followed for interviewing candidates for the Council vacancy. It was the consensus of the Interview for . Council to schedule December 17 from 5:00 7:00 p.m. for the Council to nterview interview the candidates on a one-on-one basis. If a Councilmember wished to for CC meet With individual candidates prior to that time, he /she could arrange to docandidate r, 5 E W MINUTES OF THE PRIOR LAKE CITY COUNCIL December 8, 1986 ` So. A' decision on the appointment would probably be made at the first meeting< in January ` L f The next item on the agenda was to discuss the process for review of the City uH Manager. A new format for evaluation of, performance was presented which uoed the City Manager's job description as a basis for the evaluation. Courx;ilmember E`raluatzor'r:, ye t White stated that he and City Manager McGuire have held several; discussion Co.mitteex regarding the performance evaluation and this was the first, step to -a good ; professional job appraisal system. The format was reviewed, briefly by City Manager McGuire. W MOTION WAS MADE BY FITZGERALD, SDOONM BY WHITE, TO ADOPT THE EVALMMN AND PERFOI#IANCE STANDARD FORMAT FOR 1986 -87 AND APPOINT CAROL 900TT AND GENE, WHITE TO SERVE ON A REVIEW COMMITTEE. Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White, the motion G ° passed unanimouay. Each Councilmesmber was asked to complete the performance evaluation and give it to the Review Committee in two weeks. Councilmember White made further aa;ments 4 ,, on the.performanoe evaluation format and the ratings stating that on the ratings scale,/he acceptable range was anywhere from "3" to "8 ". A •1" or "2" would be an._a�ra where improvement was needed and a "10" was almost impossible to t The Council discussed having an open house commemorating Councilmember Don Busse and agreed to schedule it for December 22 from 7 :00 - 8:00 p.m Council Fitzgerald asked that all areas be researched for recouping; expenses incurred in the area of providing services to the Sioux Cmmuiity.. E Di scussioi followed r r pu rsuin g or 1 efforts to regarding pe pu uing 9ani ing abbying z , initiate same changes in the federal laws. r The Council meeting will be Monday, December 15, 1986 at 7:30 p.m. ` next There being no further business, the meeting adjourned at 11 :38 p.m. by general consent of the Council. V , Michael A. McGuire City Manager �1 Loretta M. Lane Recording Secretary I