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HomeMy WebLinkAbout061603 Regular REGULAR COUNCIL MEETING MINUTES June 16, 2003 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Blomberg, Petersen, Zieska and LeUair, City Manager Boyles, City Attorney Pace, Public Works Director Osmundson, Planning Coordinator Kansier, and Administrative Assistant Meyer. PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concems to the City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to City governmental topics rather than private or political agendas. The City Council will not take formal action on issues presented during the Public Forum. No persons were present for the public forum. APPROVAL OF AGENDA: Bo¥1es: Requested that an Executive Session be added to discuss the status of pending litigation. MOTION BY ZIESKA, SECOND BY PETERSEN, TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carded. APPROVAL OF MEETING MINUTES MOTION BY PETERSEN, SECOND BY LEMAIR, TO APPROVE THE JUNE 2, 2003 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, the motion carded. Councilmember Blomberg abstained due to her absence from the meeting. MOTION BY LEMAIR, SECOND BY BLOMBERG, TO APPROVE THE JUNE 9, 2003 EMERGENCY MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, BIomberg, Zieska, and LeMair, the motion carried. Councilmember Petersen abstained due to his absence from the meeting. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report for May. (D) Consider Approval of Animal Warden Monthly Report. (E) Consider Approval of Monthly Fire Call Report. (F) Consider Approval of Refuse Hauler Permit Renewals. (G) Consider Approval of Resolution 03-11)2 Approving 2003-2004 Liquor License Renewals. (H) Consider Approval of Resolution 1)3-103 Approving the Common Interest Community No. 1118 (Timber Crest Park Village Homes) CIC Plat. BOYLES: Reviewed the Consent Agenda items. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQU^L OPPORTUNITY EMPLOYER City Council Meeting Minutes June 16, 2003 BlomberR: Requested that Item F (2003-2004 Refuse Hauler Permits) be removed. Hauflen: Requested that Item C (Building Permit Report) be removed. MOTION BY ZlESKA, SECOND BY PETERSEN, TO APPROVE THE CONSENT AGENDA ITEMS (A), (B), (D), (E) and (H) AS SUBMITTED. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: (F) Consider Approval of Refuse Hauler Permit Renewals. Blomber.q: Advised that City ordinances to not allow dumping of yard clipping and other wastes within City parks or public lands, including ditches, wetlands or park areas. Each of the refuse haulers permitted to do business in Prior Lake have yard waste disposal and recycling programs in place. Encouraged residents to use these services. (C) Consider Approval of Building Permit Report Hauflen: Asked City Manager Boyles to compare the current Building Permit Report figures with those from one year ago. Boyles: Discussed the number of permits issued to date compared with those of 2002, including that in May of 2002, year- to-date permits issued for single-family homes was 99, comparably in 2003 we have issued 92 of the same type of permit. For townhomes during the same pedods, in 2002 there were 111, and this year there are 150. Overall for 2002, the total permits issued through May was 1511, and in 2003 was 1618. In terms of building activity, Prior Lake appears to be experiencing a stronger market than in 2002. Translating that to valuation, through May 2002, the valuation was $42,438,000, and this year it is $38,263,600. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE ITEMS 5(C) AND 5(F) OF THE CONSENT AGENDA. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carded. PUBLIC HEARINGS: NONE. PRESENTATIONS Park Advisory Committee Annual Report (Mike Feriancek) Feriancek: Presented the annual report of the Parks Advisory Committee, reviewing the highlights for 2002-2003, including park entry monuments, the addition of Thomas Ryan Memorial Park, the addition of the skate park, and privatization of the dance program. Also noted the addition and expansion of recreation programming, new play equipment at Timber Crest, Fairway Heights, Meadowview and Deerfleld parks, the gazebo project at Lakefront Park, and the review of the new trail systems for the Jeffers Pond development. Advised that the committee is currently reviewing the snow plowing procedures for trails, and will also continue to explore partnership and improve communication with Savage, PLAY, the SMSC, School District and other community organizations to provide additional recreation programming. Further discussed the committee's effort to revitalize the memorial tree and bench program. In addition to special projects, the committee continues to review and make recommendations to the parks portion of the Capital Improvement Program. City Council Meeting Minutes June 16, 2003 Zieska: Complimented Mike on the report. Asked the City Manager to discuss the City Tour offered to residents last week. Boyles: Advised that as a take-off from the annual Surf-n-Turf tour, last week the City offered residents its first tour of Pdor Lake in order to review the growth and development within the community. Approximately 25 persons participated and were very positive about what they learned. Petersen: Very proud of the efforts of the Parks Advisory Committee. Believe they do a great job. Blomber,q: Noted that she is very fortunate to be working with this particular group of people as liaison to the PAC. Each member is genuinely involved, cooperative and thoughtful about the parks systems and what is and can be provided to the Pdor Lake community. Suggested that programs such as the memorial bench and tree programs be assigned for management and supervision to the committee, which would give the committee more hands-on involvement and spearhead the success of the programs. Report on 2003 Legislative Actions (Frank Boyles) Boyles: Reviewed the item in connection with the staff report, noting the $4.2 billion dollars shortfall addressed by the legislature, the elimination of local govemment aid and loss of market value credit, imposing absolute levy limits for 2004, revisions to comparable worth reporting, revisions to the assessment appraisal requirements, and official notices are eligible for posting on the web page, rather than the official newspaper. In addition, the Metropolitan Council was re- districted, the 2am bar closing legislation was adopted, and the conceal-and-carry law was adopted. Petersen: Commented that the legislators were really presented with a tough job, but he didn't necessarily appreciate the extra time it took to do it thereby spending more money. LeMair: Asked about the hard levy limit and Prior Lake's tax levy being $160,000 less. Believed that the legislature has accomplished some things that needed to be done, and looks forward to having property taxes come down. Teschner: Clarified that the $160,000 reduction mentioned is the net loss that Prior Lake will lose. There will a levy increase from last year in the amount of $240,000. We also have debt schedule step increases for park referendum issue, fire hall referendum issue, and for CIP debt in the amount of $100,000. There is also a special levy that Prior Lake is eligible to utilize which can further offset our fixed increases. He anticipated that the overall levy, when all is done, to be increased by about $600,000 to $650,000. However, since Prior Lake will have a significant number of properties coming on-line for 2004, we still expect to have a property tax decrease. Boyles: Clarified that his reference was to the General Fund levy, which will experience the majodty of the cuts. Zieska: Commented that as long as the discussions about cuts in local govemment aid have been taking place, the City of Prior Lake and this Council knew, and expected, that they would need to be part of the solution. He has no problem with that. However, believed that the legislature missed the boat with respect to local govemment aid. Based on political posturing, and some grandfather provisions, based upon where your City is located, affects whether or not you get any local govemment aid. Believed that the legislature should have just gone back to square one and reformed the LGA system so that similar communities are treated equally. Also advised that the State of Minnesota's bond rating was lowered in response to the legislature efforts. Last time the State's bond rating was lowered, it took 15 years for it to recover. Believed that over the 15 years, there will be significant extra costs to the taxpayers. Also cautioned residents that the number shown as a credit to their property taxes is in error because the State cut that number. They may be showing a credit, but in fact that money is not being reimbursed to the local units of government. 3 City Council Meeting Minutes June 16, 2003 Petersen: Clarified that only one of the four rating agencies lowered the bond rating of the State. Hau.qen: Concerned that the federal government does not tell the State govemment how to spend money, but the State govemments feels empowered to tell local govemments how to spend money. Local government accountability lies with its taxpayers and City's should be able to levy according to the needs of its community. BlomberR: Pointed out that the City's bond rating is excellent and continues to get better because of actions taken by this City Council and staff. Zieska: Also thanked the local legislators on their efforts even though he may not agree with their positions. Both Representative Beard and Senator Robling truly have a commitment to their constituents and took time to seek out information. OLD BUSINESS: Consider Approval of a Report Regarding Potable Water System Osmundson: Reviewed the agenda item in connection with the staff report, noting in particular the City's efforts to increase production capacity, promoting conservation, advancing education of drinking water issues, and communication these efforts to the public. LeMair: Believed it positive to see a 47% increase in production compared to a 20% increase in population, meaning that we are prepared for the additional homes that are coming on-line. Asked if the odd-even watering restrictions were State mandated. Osmundson: Explained that having an emergency and conservation management plan was mandated by the State. Through that, City's were encouraged to implement conservation measures. Many measures adopted by cities took the form of odd-even watering restrictions. They also encourage, which Prior Lake has recently adopted, a graduated scale fee structure for water usage, where the more water used, the higher the rate. Zieska: Commented that based upon numbers, there is plenty of water for domestic use, and that most of the storage capacity is to accommodate outside water usage. Residents can save money and water by conserving those outside water uses. Petersen: Noted that conservation restrictions are necessary in order to get all the necessary approvals for drilling additional wells. Hauflen: Encouraged the City and staff to continue to promote not only water production, but also the conservation, education and communication aspects that are necessary to protect a resoume that is not infinite. Consider Approval of a Resolution Authorizing Amendment #1 to the Development Contract for Shepherd's Path. McDermott: Reviewed the agenda item in connection with the staff report. Blomber.q: Asked for clarification that the change was previously agreed upon and that the oversight was including the language. 4 City Council Meeting Minutes June 16, 2003 McDermott: Confirmed. Petersen: Asked what led to the provisions not being included. McDermott: Explained that it was a miscommunication by the staff persons who negotiated the contract and the person who put the development agreement together. Zieska: Asked if, when oversizing is necessary, the City pays for the oversizing from the Collector Street Fund. McDermott: Confirmed. MOTION BY PETERSEN, SECOND BY BLOMBERG, TO APPROVE RESOLUTION 03-104 AUTHORIZING AMENDMENT NO. 1 TO THE DEVELOPMENT CONTRACT FOR SHEPHERD'S PATH. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of a Resolution Ordering Preparation of Feasibility Report for 2004 Reconstruction Improvement Project. McDermott: Reviewed the agenda item in connection with the staff report. LeMair: Asked if the project is considered more difficult because of the one-way access to the neighborhood. McDermott: Confirmed. Petersen: Asked if the actions taken by the State will impact the City's ability to sell bonds. Boyles: Advised that the legislature elected not to restrict the ability of communities to bond in order to preserve their infrastructure. Blomber.q: Asked how a project is determined necessary and then prioritized community-wide. McDermott: Explained the City's implementation of a pavement management system, where the City staff rated each City street based upon certain criteria related to its condition both above and undemeath the ground. The information was then compiled by a new software program to prioritized the need for reconstruction. The worst rated areas are then planned in the Capital Improvement Program. Haugen: Explained that this action calls for the preparation of a feasibility report and does not bind the City to construction the project. Since he lives in the neighborhood, he will vote on this particular action, but in future decisions which call for commencement of the project, he will abstain. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 03-105 ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2004 RECONSTRUCTION IMPROVEMENT PROJECT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeUair, the motion carded. Consider Approval of Continuing the Adopt-a. Park and Memorial Bench and Tree Programs and Creating an Adopt- a-Street Program. 5 City Council Meeting Minutes June 16, 2003 McCormick: Reviewed the agenda item in connection with the staff report. LeMair: Asked if the Adopt-a-Street program will provide sign acknowledging the contribution. McCormick: Confirmed that is the intent. Blomber,q: Supported getting the PAC and public involved in these programs. Suggested getting the word out dudng Lakefront Days. Hau.qen: Supported the programs. Asked what types of streets are included in the program. McCormick: Explained that to begin, we would target collector streets such as Carriage Hills Parkway, Wilds Parkway, Crest Avenue. If interest is greater, neighborhoods could adopt their neighborhood streets. MOTION BY BOMBERG, SECOND BY PETERSEN TO APPROVE RESOLUTION 03-106 CONTINUING THE ADOPT-A- PARK AND MEMORIAL BENCH AND TREE PROGRAMS AND CREATING THE ADOPT-A-STREET PROGRAM. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carded. Hauflen: Asked the staff to bring the cost information back to the Council for a memorial bench in order that the City might sponsor the first bench in memory of Gene White, who was a long-term member of our community and former Council member. Consider Approval of a Resolution Approving the Firm of Abdo, Eick and Meyers for City Financial Audits for 2003- 2005. Teschner: Reviewed the agenda item in connection with the staff report. Zieska: Asked if, since the contract is for the calendar year audits of 2003, 2004 and 2005, in reality the fees would be paid in years 2004, 2005 and 2006. Teschner: Confirmed. Hau.qen: Asked if the fees are competitive in the industry. Teschner: Confirmed and added that the firm has been very good in minimizing its cost over the course of our eight year relationship. MOTION BY PETERSEN, SECOND BY ZIESKA, APPROVING RESOLUTION 03-107 APPROVING THE FIRM OF ABDO, EICK AND MEYERS FOR CITY FINANCIAL AUDITS FOR 2003-2005. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. OTHER BUSINESS Executive Session to Discuss Pending Litigation The Council adjourned to Executive Session to Discuss the Status of Litigation in the Ring Road Condemnation. City Council Meeting Minutes June 16, 2003 LeMair: Complimented the Norex Corporation on the Grand Opening of their new facility, and thanked them for being strong promoters for the Prior Lake community. With no other comments from Councilmembers, a motion to adjourn was made and seconded. The meeting adjourned at 9pm.(~!~e '~~ Frank Boyle r K~lly M~yer,Xecording Secretary 7