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HomeMy WebLinkAboutAgenda & Minutes 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR COUNCIL MEETING AGENDA September 15, 2008 8:00 p.m. City Hall No work session. 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length and each presenter will have no more than ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. 3. 4. APPROVAL OF AGENDA CONSIDER APPROVAL OF SEPTEMBER 2,2008, CITY COUNCIL MEETING MINUTES 5. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the City Council Agenda as a separate category. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Treasurer's Report. C. Consider Approval of Building Permit Report. D. Consider Approval of Animal Warden Report. E. Consider Approval of Fire Call Report. F. Consider Approval of a Resolution Authorizing a Special Hunt. G. Consider Approval of a Resolution Authorizing Purchase of Appurtenant Equipment for the Tactical Vehicle from the Forfeiture Account. H. Consider Approval of a Resolution Approving Purchase of Landscaping Materials for the Water Treatment Facility. Consider Approval of a Resolution Ordering the Building Located at 2159 165th Street be Secured. J. Consider Approval of a Resolution Ordering the Building Located at 15680 Fish Point Road be Secured. K. Consider Approval of a Resolution Extending the Deadline for Submittal of a Final Plat for Maple Glen 3rd Addition. I. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 L. Consider Approval of a Resolution Extending the Deadline for Recording the Final Plat and Development Contract for Pike Lake Meadows. M. Consider Approval of a Temporary On Sale Intoxicating Liquor License for St. Michael's Church. 6. ITEMS REMOVED FROM CONSENT AGENDA 7 . PRESENTATIONS A. Personnel the Prior Lake Way - Kelly Meyer B. 2007 Financial Gold Standards - Ralph Teschner 8. PUBLIC HEARINGS A. No public hearing is scheduled. 9. OLD BUSINESS A. No old business is scheduled. 10. NEW BUSINESS A Consider Approval of a Resolution Approving Amendment No.3 to the Development Contract for Stemmer Ridge. B. Consider Approval of a Resolution Adopting Proposed 2009 City Budgets and Certifying Preliminary 2009 City of Prior Lake Property Tax Levy to Scott County Department of Taxation. 11. OTHER BUSINESS/COUNCILMEMBER REPORTS A. Executive Session - Pending Litigation B. Community Events 12. ADJOURNMENT City Council Meeting Minutes September 2, 2008 DRAFT CALL TO ORDER Present were Deputy Mayor LeMair, Councilors Erickson, Hedberg and Millar, City Manager Boyles, City Attorney Pace, Public Works Director/City Engineer Albrecht, Assistant City Engineer Poppler, Finance Di- rector Teschner, Building and Transportation Services Director Kansier, Community Development and Natural Resources Director Walthers, Assistant City Manager Meyer, Communications Coordinator Peter- son and Administrative Assistant Green. Mayor Haugen was absent. PUBLIC FORUM The Public Forum is intended to afford the public an opportunity to address concerns to the City Council. The Public Forum will be no longer than 30 minutes in length. Speakers receive a maximum of ten minutes; less if there are more than three speakers. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics on the agenda may be addressed except those topics that are part of a public hearing or public information hearing. The City Council will not take formal action on Public Forum presentations. City Manager Boyles explained the concept of the public forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA City Manager Boyles requested removal of item 10A, Consider Approval of a Resolution Authorizing Pur- chase of an Emergency Generator for City Hall, from the agenda. MOTION BY MILLAR, SECONDED BY HEDBERG TO APPROVE THE AGENDA AS MODIFIED. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY ERICKSON, SECONDED BY MILLAR TO APPROVE THE AUGUST 18, 2008, MEETING MINUTES AS PRESENTED. VOTE: Ayes by Erickson, LeMair and Millar. Hedberg abstained from voting due to his absence at the meeting. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 08-115 Transferring Local Government Unit (LGU) Permitting Author- ity for Wetland and Stormwater Regulation for the County Road 21 Extension Project. Councilor Erickson requested that the item, Consider Approval of Invoices to be Paid, be removed from the consent agenda. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE THE CONSENT AGENDA AS MODIFIED. www.cityofpriorlake.com 1 Phone 952.447.9800 / Fax 952.447.4245 City Council Meeting Minutes September 2, 2008 DRAFT VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. Erickson: Noted that Ikon Business Machines is on the invoice list for payment, and that the company he works for purchased Ikon. Asked for the City Attorney's opinion on whether it is appropriate for him to vote on it. Pace: Replied that it presents no conflict of interest. MOTION BY ERICKSON, SECONDED BY HEDBERG TO APPROVE INVOICES TO BE PAID. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. PRESENTATION Communications Update - PL TV-15 Communications Coordinator Peterson reported on cable television programming, the policy for deter- mining programming that will be broadcast and funding. A description of equipment used for broadcasting meetings and recently purchased editing equipment was provided. Spoke of future initiatives for pro- gramming and promotional DVDs, current bulletins and public access and training for video equipment. Comments: Erickson: Asked about the status of Webstreaming such things as meetings on the City's Website. Peterson: Responded with information about Scott County's system and the potential costs for participat- ing in that, as well as information about alternate Webstreaming sources. Stated that options for such ser- vices are being considered and compared. Hedberg: Commented that the Website and PL TV 15 are the jewels of the communications system. Asked how many people are involved in the communications activities. Peterson: Replied that it is himself and a part-time employee. Hedberg: Believes communications generates a good value for the money to provide information for the residents. Remarked that only 54% of residents have cable service and, therefore, access to PL TV 15 communication efforts. Asked if startup costs for Webstreaming are in the 2009 budget requests for the department. Peterson: No. Hedberg: Commented that he will keep on top of the Webstreaming objective to accomplish it some day. Millar: Agreed it would be good to have Webstreaming. Believes the City has come a long way with its communications to residents and reminded viewers that communication is two-way and feedback from residents is needed. Spoke of the public forum at the beginning of each Council meeting which is available for residents to address issues. LeMair: Commented that this was a good report and asked about comments he's heard regarding graini- ness in the picture that is output. Peterson: Replied that issue was researched with Mediacom and it was determined that Mediacom needed a new processor which is now in place. PUBLIC HEARING Special Assessment Public Hearing for the Brooksville Hills Phase I Reconstruction Project and Consider Approval of a Resolution Adopting the Assessment Roll for the Project. Assistant City Engineer Poppler provided an update on the completion of the project. Commented that the query about whether "no parking" signs should be installed will be taken to the Traffic Safety Committee for consideration. Spoke about the project challenges of managing multiple crews and offering the en- hancements of a new driveway reconstruction program and rain garden program. Recognized the efforts of Water Resources Engineer Bintner for the development of rain garden program and Engineering Techni- 2 City Council Meeting Minutes September 2, 2008 DRAFT cian Kleist for project inspection. Stated that project costs are proposed to be assessed at $6,051 per unit. Finance Director Teschner spoke of assessment options explaining that costs of the project would be distributed as per assessment policy described in ordinance. Explained that this project's assessment term is ten years and no deferred amounts will apply. Also explained the options for method of payment of the assessment. Comments: Hedberg: Asked if the costs will be processed through assessment for the residents who chose to have their driveways reconstructed. Poppler: Replied that those costs were prepaid by residents. Erickson: Asked how the six percent rate of interest on assessments was arrived at. Teschner: Replied the rate was established by policy and is subject to change by the Council. This rate has been in effect for some time and was established by setting a minimum of one percent over the bond rate and an additional one percent to cover delinquencies. Erickson: Asked how deferred assessment requests are handled. Teschner: Replied that no deferred assessment was requested for this project, but when it applies the resident establishes their income level with their tax return. Explained that a deferral of assessment pay- ment would remain until property is sold or there is an ownership death. Erickson: Asked if homeowners had a choice of concrete or asphalt on driveways. Poppler: Yes, with different rates. MOTION BY HEDBERG, SECONDED BY MILLAR TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried and the public hearing opened at 6:47 p.m. Comments: Bob Jirik, 16453 Franklin Trail SE, stated the first letter he received about being assessed was on August 6, 2008. Stated he did not have a chance to learn about the project or comment about what was going on with it. Stated he does not understand why this amount is being assessed as the street in front of his house has been under construction for three years. Questioned why the City ripped up new highway that was put down by the County last year. Stated he already had a new driveway that this project wrecked. Stated he does not see how he is benefitting from the project and wants to know what the appeal process is. Poppler: Displayed graphics showing where Jirik's property is located. Agreed that work was done in front of Jirik's property and the adjacent property to the north. Noted that the City participated in the costs of the CR 21 project and no resident assessment was done at that time. Explained that the Assessment Review Committee discussed whether these two properties should be included in the Brooksville Hills project and the feasibility report did include them. Stated that Jirik's property was given notice along with all others and that the signed Right of Entry form was returned for this property. LeMair: Asked if a letter would have been sent for the public hearing that was held. Poppler: Affirmed that the public hearing process was mailed. Jirik: Asked how notification was made and explained how the County notified residents for its project and wondered how he could have been missed. Teschner: Reiterated that the Right of Entry form was signed and returned to the City which is acknowl- edgement of the project. Noted that the same mailing list was used for the public hearing notice and that the public hearing was also published in the Prior Lake American. LeMair: Advised Jirik that by coming to the hearing tonight and submitting a written appeal he has pre- served his right to appeal. 3 City Council Meeting Minutes September 2, 2008 DRAFT Pace: Added that Jirik must provide a written notice of appeal to District Court within thirty days of the as- sessment hearing. Teschner: Added that the procedures for making an appeal were listed on the assessment notice sent to him by mail. Millar: Asked for clarification about work having been done on that street recently. Jirik: Confirmed that new asphalt, curb and gutter and sidewalks were placed last year. Poppler: Agreed that during this project, the City had to tie in with the County's project and went into the street and curb approximately 25 - 30 feet make the tie in function properly. Added that the County laid the final wear course this summer. Teschner: Stated that it was always intended that this parcel would be assessed as part of the project. This parcel received the same benefit as the Brooksville Hills and the County road improvements. The City paid for the improvements received with the County project, but this parcel was not assessed at that time. Erickson: Asked if the 5138 Credit River Road is part of the assessment. Poppler: Replied that it is not since that access is from Credit River Road and assessments are calculated with the street improvement that occurs on the roadway that the driveway accesses. Jirik: Reiterated that he does not understand why he is being assessed as the County said there would be no assessment. Deputy Mayor LeMair closed the public hearing at 7 p.m. Comments: Hedberg: Noted that there are several homes on Credit River Road and asked if assessments were made to those homes when the County project was concluded. Poppler: Replied that Credit River Road was not reconstructed with the CR 21 project; that it is a frontage road to that project. Hedberg: Asked if there were other homes on CR 21 that were levied an assessment as part of that pro- ject. Poppler: No, there are no driveways that exit onto CR 21. Hedberg: Commented that, overall, the project went well and it looks like an entirely new neighborhood with new streets, curb and gutter and new driveways. Noted that part of the design addressed needed stormwater management improvements for the well protection area such as the new ponding, narrower streets and rain gardens. Asked how likely it will be for the City to achieve the same costs as it moves for- ward with the second phase. Poppler: Replied the costs will depend on the number of units, the bidding climate and soil conditions. Teschner: Added that the contractor on this project put in a claim for fuel cost overages since the escalat- ing fuel costs were not foreseen when the project was bid. Believes it is unlikely there will be such a low project cost going forward. Hedberg: Asked if the higher fuel costs applied to the cost of asphalt as well as running the equipment. Teschner: Affirmed the higher costs were related to any petroleum based materials. Hedberg: Asked when Credit River Road was reconstructed. Poppler: Replied that it is one of the City's worst streets and is in the City's ten-year reconstruction plan. Hedberg: Asked if it is in the same condition both east and west of Franklin Street. Poppler: Affirmed. Hedberg. Asked if all properties that have driveways onto Credit River Road will be assessed when it is reconstructed. Albrecht: Affirmed, adding that the CR 21 project included areas that went into City streets which the City paid for. 4 City Council Meeting Minutes September 2, 2008 DRAFT Hedberg: Queried whether Jirik's property would be assessed when Credit River Road is reconstructed. Albrecht: Replied that it would not. Millar: Asked if contractors tried to adjust the price of the Brooksville Hills project. Poppler: Replied that the contractors asked for a fuel surcharge increase which the City denied since other bids had been received and the City did not know if other contractors had included fuel increases in their bids. Millar: Noted that it appeared to go well to have a small, manageable project. Asked how many people chose to have rain gardens. Poppler: Eight. Millar: Stated that it will be a big help with water management in that area. Erickson: Sought clarification that the concrete and asphalt placement that Jirik referred to was with the CR 21 project and that Jirik's property was not already assessed for it. Poppler: Affirmed. Erickson: Commented that the Brooksville Hills project was a success and asked if there would be suffi- cient room for emergency vehicles if parking is allowed on both sides of the road. Poppler: Replied that emergency vehicles would have room to get through, although they would not have room to set up. Stated the Traffic Safety Committee will conduct a test on that. Erickson: Commented that the advantages of narrower streets for reduced impervious surface and cost was discussed in Council when this project was brought forward. LeMair: Stated he is familiar with Jirik's property and is not sure what the benefit for Jirik is. Noted that prior to the CR 21 project, there was curb, gutter and sidewalk that did not have excessive wear and tear. Can see the benefit to Brooksville Hills, but not to Jirik's property. Albrecht: Replied that no homeowner has ever been assessed for a project on Franklin Trail up to this point. Noted that the County spent a considerable amount of money on CR 21, but the assessment com- mittee determined that it did not make sense to assess just a couple of homes for that project. Noted that even though a property already has curb and gutter, it may have to be reconstructed if it makes sense with the rest of a project. Explained that the next segment of Franklin Trail will be reconstructed with the second phase of the Brooksville Hills project. Acknowledged that it is a challenge with County road projects to strike a balance of what is appropriate to assess and when areas need to be torn up to tie in with projects. LeMair: Agreed that the sewer, water and utilities needed to tie in, but is not clear on the benefit to Jirik's property for the curb and gutter assessment since that amenity was already there. Hedberg: Asked if the next phase of Brooksville Hills will consider reconstruction of Franklin up to Cros- sandra Street to achieve efficiency in reconstructing the entire area. LeMair: Added that this is a major collector roadway for the community, but sidewalk is not continuous from Credit River Road to Franklin. Asked if sidewalk would be put in on the west side of Franklin. Albrecht: Replied there was not sufficient right-of-way. Economics play into it and the County did not want to purchase additional right-of-way. Prior Lake paid a higher portion than normal on the CR 21 project to get the Fish Point intersection improved. The master project plan does not include sidewalk on Franklin. Agreed that if this property owner had been assessed for curb and gutter previously, he should be credited for that, but this is a first time assessment for curb and gutter in that area. The City paid for 100% of the work that was done on Franklin Trail even though it was a County project, so it should be assessed as though it is a benefitting property included in a City project. leMair: Asked if reconstruction of Franklin Trail is planned for next year's Brooksville Hills Phase II pro- ject. Albrecht: Replied that a portion of it will be included with the feasibility study. LeMair: Commented that this roadway is as busy as many of the projects where the City has insisted on sidewalk and believes sidewalk should be included in the project. 5 City Council Meeting Minutes September 2, 2008 DRAFT Pace: Sought clarification on whether a portion of asphalt always needs to be torn up in order to tie in sewer, water and utility lines. Albrecht: Agreed that is the case. MOTION BY HEDBERG, SECONDED BY MILLAR TO APPROVE RESOLUTION 08-116 ADOPTING ASSESSMENTS FOR THE BROOKSVILLE HILLS PHASE I RECONSTRUCTION PROJECT. Hedberg: Reminded Jirik that the appeal process must be followed within thirty days. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. OLD BUSINESS No old business item was scheduled. NEW BUSINESS Consider Approval of a Resolution Ordering the Building Located at 13380 Hickory Avenue NE be Secured. Building and Transportation Services Director Kansier described the property explaining that vandal- ism has occurred, and the owner has not responded to communications requesting that the property be secured. Explained the process of declaring the building vacant and unoccupied which allows the City to order the building to be secured and assess the costs to the property. Comments: Erickson: Stated this action is consistent with the concept of community safety. Will support. Millar: Commented that the need for this action reflects the times in which we live with properties that have become vacant. Will support. Hedberg: Will support. Stated there are a number of developments that are in various stages of incomple- tion and will have to be watched. Noted that the report indicates an inability to make contact with the de- veloper on this property and added that the City respects the property rights of the owner, but in some con- ditions has to support public safety. LeMair: Commented that there are several properties in the community that are empty and partially built and the City needs to consider how to secure them. Noted that this is the first use of this ordinance to se- cure them. Millar: Added that this ordinance can be used to secure not just the partially finished properties, but also those that are in foreclosure and in distress. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 08-117 ORDERING THE VACANT BUILDING AT 13380 HICKORY AVENUE NE BE SECURED. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. Consider Approval of Appointments to the Community Safety Advisory Committee. City Manager Boyles reviewed the history of the Community Safety Task Force and its report to the Council identifying five safety areas as well as recommended action for them, and the Council's direction to establish a Community Safety Advisory Committee, solicitation of applications and interviewing candidates. Described the interview committee's member and term of office recommendations. Suggested the Council identify a liaison from the Council to the advisory committee. 6 City Council Meeting Minutes September 2, 2008 DRAFT Comments: Hedberg: Stated that the Community Safety Task Force was an extraordinary group of over 40 members representing many facets of the community. Expressed hope that an advisory committee will establish priorities and oversight to the City for accomplishing the recommendations brought forward by the Task Force. Asked which staff person would serve as liaison to the committee. Boyles: Replied he will appoint Police Chief O'Rourke as staff member along with his own involvement. Hedberg: Volunteered to serve as Council liaison to the advisory committee. Believes the recommended appointments to the committee will be outstanding. Millar: Commented on the backgrounds of the appointees stating that the community is fortunate to have such good quality of people willing to commit to this project. Erickson: Agreed that the appointees have much to offer. Supported Hedberg as the Council liaison. LeMair: Concurred that the appointees will be a great team serving different roles and supported Hedberg as the liaison. MOTION BY MILLAR, SECONDED BY ERICKSON TO APPROVE RESOLUTION 08-118 MAKING APPOINTMENTS TO THE COMMUNITY SAFETY ADVISORY COMMITTEE OF SUSAN HADLEY, BETSY JADER, JANINE ALCORN, GINA GERTNER AND WOODY SPITZMUELLER, AND NAMING COUNCILOR HEDBERG AS THE COUNCIL LIAISON THROUGH 2008. VOTE: Ayes by Erickson, Hedberg, LeMair and Millar. The motion carried. OTHER Community Events Erickson: Sunday is the Fire Department BBQ at the VFW from 3-8 p.m. Primary election is September 9. LeMair: September 15 is the Community Fall Fest from 6-8:30 p.m. and, as a result, the Council meeting will start at 8 p.m. that evening. Stated there will be a wrestling/golf fundraiser on Saturday at Cleary Lake Park. Millar: Commented on the recent number of break-ins and reminded viewers to lock cars and make sure their house is secure. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Hedberg and sec- onded by Erickson. With all in favor, the meeting adjourned at 7:55 p.m. Frank Boyles, City Manager Charlotte Green, Administrative Asst. 7