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HomeMy WebLinkAbout0306 RegularREGULAR COUNCIL MEETING MINUTES March 6, 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Petersen and Zieska, City Manager Boyles, City Attorney Pace, Finance Director Teschner, Community Development Director Rye, Assistant City Manager Walsh and Recording Secretary Meyer. Councilmembers Ericson and Gundlach were absent. APPROVAL OFAGENDA: Bo¥1es: Requested removal of item 9C (Consider Approval of a Resolution Approving the Acquisition of Property and Authorizing the Mayor and City Manager to Execute Related Documents for Right-of-Way for the Ring Road), and adding as Item 9D, Consider Approval of Resignation of City Councilmember Jim Ericson, Declare a Vacancy on the City Council, and Consider Method for Filling City Council Vacancy. Hau.qen: Further requested adding several brief reports under Other Business: 10A- Long-Range Planning Committee, 10B - Report on Bureau of Indian Affairs meeting in Washington DC, and 10C - Community Development Activities. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. APPROVAL OF MEETING MINUTES OF FEBRUARY 19, 2002 REGULAR MEETING MINUTES. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE FEBRUARY 19, 2002 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. CONSENT AGENDA: (A) .Consider Approval of Invoices to be Paid. (B) Consider Approval of Monthly Animal Warden Report. (C) Consider Approval of Resolution 02-29 Approving the Final Plat and Development Contract for Uatson Addition. (D) Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with the Metropolitan Council for Transit Capital Financial Assistance. (E) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Church of St. Michael AprilFest. (F) Consider Approval of Preliminary 2001 4th Quarter Budget Report. Boyles: Reviewed the consent agenda items. Zieska: Asked for Item 4D to be removed. HauRen: Asked for Item 4F to be removed. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE CONSENT AGENDA ITEMS (A) THROUGH (C) AND (E) AS SUBMITTED. VOTE: Ayes by Haugen, Petersen, and Zieska, the motion carried. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes March 6, 2002 ITEMS REMOVED FROM THE CONSENT AGENDA: Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with the Metropolitan Council for Transit Capital Financial Assistance. Zieska: Reported to the Council a recent trip he took Downtown using the new Laker Line bus service, noting that the tdp was very pleasant and efficient. Further complimented staff on the overall implementation of the service and asked if there was an expected arrival date for the new buses. Walsh: Advised that the new buses are expected to be delivered in late Mamh, and then Councilmembers will be invited to participate in a Grand Opening event. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 02-30 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE METROPOLITAN COUNCIL FOR TRANSIT CAPITAL FINANCIAL ASSISTANCE. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carded. Consider Approval of Preliminary 2001 4m Quarter Budget Report. Teschner: Briefly reviewed the 4th Quarter Budget Report noting revenues that exceeded projections, primarily attributed to unusually strong building activity. Did not anticipate such sources of revenue could be expected over the long-term. The City also received some interest benefit by extending its investments to a longer term. Aisc discussed possible financial affects upon the City as a result of State aid cutbacks, any capital improvements for facilities, and any possible liability for current litigation established a need for the City to maintain a healthy reserve. Overall, the City is in a very favorable financial position. Hau.qen: Commented that the City appears well positioned for the future. MOTION BY PETERSEN, SECOND BY ZIESKA, TO APPROVE PRELIMINARY 2001 4TM QUARTER BUDGET REPORT. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carded. PRESENTATIONS: NONE. PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of a Tax Increment Financing Development Agreement for Creekside Estates and Authorizing the Mayor and City Manager to Execute Same. Rye: Reviewed the agenda item in connection with the staff report, noting that this is the first time Prior Lake had used tax increment financing for a residential project. The project is a 54-unit rental building for senior citizens with 20% of the units having rents that are affordable according to state and federal guidelines. Further advised that the difference between this agreement and the approved PUD agreement is that this agreement sets up how the tax increment assistance is provided to the developer, where the PUD agreement deals with the physical structure of the development. 2 City Council Meeting Minutes March 6, 2002 Bo¥1es: Added that the City becomes associated with this project and this is a mechanism through which the City is able to assure that this project proceeds and reserves housing for Iow-to-moderate income seniors as a result of a comparatively small investment that the City makes in the project through tax increment financing. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE THE DEVELOPMENT AGREEMENT AS PROPOSED BY STAFF. Sid Inman (Eh/ers & Associates): Pointed out that the tax increment district only imposes income limitations. The City has added a higher standard imposing both income and rent restrictions. Boyles: Commented that one of the concerns of the Council was that income and rent limitations not only be available for the first year, but to be able to provide some degree of permanency to the extent possible. Asked how that issue is addressed. Inman: Advised that this project is a 20-year pay-as-you-go TIF program, which means any year that the developer fails to comply would mean loss of the assistance as well as incurring penalties. In short, they would lose money for failing to comply any time between now and the end of the 20-year period. Hau,qen: Asked how the standard is managed. Inman: Advised that this mirrors a tax credit program as far as reporting requirements. The City will receive a report for review prior to making any of the payments to assure they are in compliance. HUD updates the standards for Iow and median income housing annually. Zieska: Glad to see the project come to fruition to address the life cycle housing needs of the community. Harold Jesh (petitioner): Thanked the City staff for all of its assistance to make the project work. Bo¥1es: Noted that the Development Agreement attached to the report is in legislative format. The final version is in the signature file for execution should the Council's action direct. Haugen: Also acknowledged that Councilmembers Edcson and Gundlach were not present, but that they had worked ve[y hard on this project and that life cycle housing has been of particular concern to them. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. Hau.qen: Thanked Mr. Jesh for his comments about working with the City staff. NEW BUSINESS Consider Approval of 2002 City Manager/City Staff Goals and Objectives Bo¥1es: Reviewed the process by which this year's goals were established and read each of the eight proposed goals for 2002. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE 2002 CITY MANAGER / CITY STAFF GOALS AND OBJECTIVES. Zieska: Thanked City staff who participated in the work session and those who submitted comments. 3 City Council Meeting Minutes March 6, 2002 Petersen: Believed the discussion at the work session was well-organized and thanked the City Manager. Hau.qen: Looked forward to expanding upon each of these goals over the next several weeks to set more specific programs. Also thanked the 30+ staff members for contributing 130 proposals for goals and objectives. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. Consider Approval of an Amendment to 2002 / 2003 Capital Improvement Program Relating to a Skate Park Facility. Bo¥1es: Briefly reviewed the agenda item in connection with the staff report and the rationale for recommending accelerating the construction of the skate park. Hau.qen: Agreed with accelerating the project because there seems to be a lot of interest in the project. Also note two letters he had received in the past few days requesting acceleration of the project. Petersen: Advised that not only had he heard this request on his campaign trail, but he had also received some feedback from the Optimists regarding their $25,000 contribution. Believes it is appropriate to accelerate the project. MOTION BY PETERSEN, SECOND BY ZIESKA TO MOVE THE CONSTRUCTION OF A SKATE PARK FACILITY FROM THE 2003 CAPITAL IMPROVEMENT PLAN TO THE 2002 CIP. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. Bo¥1es: Asked for some direction from the Council as to the direction the staff should go in planning the project. Noted that there are many intangibles that will affect the cost of the project including location, level or tier, supervision costs, and potential cooperation with additional service organizations. Walsh: Advised that the Parks Advisory Committee had discussed several sites at Lakefront Park, as well as at Ponds Park. As yet they have no recommendation and would like to further review data, costs and remaining options. Hau.qen: Asked if the youth has been involved in any of the discussions regarding the park at this point. Walsh: Advised that the intent is that the youth would be included once the project moves forward. Petersen: Commented that he would like to see more data before making any kind of commitment regarding funding. Boyles: Clarified that the intent is not to assign funding, but to direct the Parks Advisory Committee to address these parameters as they gather data. Zieska: Advised that the Parks Advisory Committee has discussed how to research this project, but that they should not necessarily be constrained by the amount of the Optimists contribution as the only source of funding. MOTION BY ZIESKA, SECOND BY PETERSEN TO DIRECT STAFF, TOGETHER WITH THE PARK ADVISORY COMMITTEE TO COMPLETE THE PLANNING PROCESS FOR THE FACILITY AND MAKE A RECOMMENDATION TO THE COUNCIL FOR APPROVAL ADDRESSING THE ISSUES RAISED IN THE STAFF REPORT. Haugen: Added that the lack of a skate facility seems to have left items such as railings, benches and stairs vulnerable to excessive wear, not to mention the safety of pedestrians. 4 City Council Meeting Minutes March 6, 2002 VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. [AOO£O] Consider Approval of Resignation of City Councilmember Jim Ericson, Declare a Vacancy on the City Council, and Consider Method for Filling City Council Vacancy. Boyles: Advised that Councilmember Ericson had informed him by telephone of his intent to resign his Council seat effective Fdday, March 8, 2002, because he had moved outside the Prior Lake corporate limits. MOTION BY ZIESKA, SECOND BY PETERSEN TO ACCEPT THE RESIGNATION OF COUNCILMEMBER ERICSON. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. MOTION BY ZIESKA, SECOND BY PETERSEN TO DECLARE A VACANCY ON THE PRIOR LAKE CITY COUNCIL. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. Boyles: Reviewed his recommendation for filling the City Council vacancy as set out in the staff report. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE THE PROCESS FOR FILLING THE CITY COUNCIL VACANCY AS PROPOSED BY STAFF. Zieska: Suggested holding interviews before the Council during a live broadcast, keeping all the candidates in the conference reom so they are unable to get any advantage by hearing another candidate's interview. Pace: Clarified that motion declaring the vacancy should have been effective Friday, March 8, 2002. There was some discussion that the motion declaring a vacancy should be amended to be effective Friday, March 8, 2002, and that at such time as written confirmation of the resignation is received, the staff should proceed with the process for filling the vacancy. The motion and second accepted the amendment. Upon a vote, there was unanimous approval. Haugen: Suggested that there be no limit to the number of applicants or number of interviews held. Also suggested that instead of having applicants provide written essays, that the candidates take the four questions posed by the City Manager and respond to them in a presentation format during a live broadcast. Petersen: Concerned about including an unlimited number of interviews during a regular Council meeting. Suggested a special session. The motion and second accepted the amendments proposed. Bo¥1es: Summarized that the process is to include (1) solicitation of candidates through an ad in the Pdor Lake American; (2) each of the candidates shall be provided, as part of the application, a sedes of four questions as proposed in the application in the staff report; (3) during a televised special meeting of the City Council, each applicant would provide a 5- minute presentation in response to the four questions; (4) the Council would then each ask a follow-up question; and (5) at a subsequent regular meeting, the candidates would be discussed and an appointment made. The timeline would be to proceed as quickly as possible, anticipating approximately 45- 60 days to reach final appointment. VOTE: Ayes by Haugen, Petersen and Zieska, the motion carried. 5 City Council Meeting Minutes March 6, 2002 The Council took a brief recess. Upon returning from the recess, the Mayor advised that the City Attorney has recommended that a special meeting be held in order to declare the vacancy on the City Council once written confirmation of the resignation is formally received. OTHER BUSINESS / COUNCILMEMBER REPORTS: Long-Range Planning Committee Bo¥1es: Briefly advised the Council that a mailing had been completed over the past week to approximately 150 individuals soliciting their participation on this committee. The intent is to get 25 to 40 persons to participate in a series of approximately 4 meetings over a 2 to 3 month period. The purpose of the committee is to provide the City staff and Council will better data on which to base the City's Strategic Plan. Staff will begin in the next several weeks to follow up with prospective applicants by telephone. Hau.qen: Encouraged people to participate and advised that the intent is receive input as globally as possible, not limiting the committee to only residents, but surrounding community groups, the County, the Sioux Community, and so on. Rye: Advised that at the Chamber of Commerce Board meeting there seemed to be a consensus that whether you were on the committee or not, please participate and share your interests and concerns. Walsh: Advised that the Chamber Board directed that the Executive Director participate directly, but that it did not preclude other Chamber members from participating. Report Regarding Bureau of Indian A flairs Meeting in Washington DC. Boyles: Provided a brief history of the Mdewakaton Sioux Community's applications to have property they own put into trust status through the federal govemment, and the impacts such action has on the surrounding governments. The County, as well as the City's of Shakopee and Prior Lake, have shared a common interest in opposing these types of applications for a number of reasons. There is currently an application being reviewed by the Bureau of Indian Affairs to put 776 acres of land into trust status. A long process over the course of the past year led to the meeting with the Bureau of Indian Affairs in Washington DC this past week. Those in attendance included elected officials and staff from the County, the City of Shakopee, and the City of Prior Lake. Hau.qen: Advised that the County and cities had received an invitation to meet with Asst. Director of the Bureau of Indian Affairs, Wayne Smith. Believed there was understanding and consensus among the County, Shakopee and Prior Lake that there is a desire to work cooperatively with the Udewakanton both now and in the future to address the issues of everyone concerned, and that those sentiments were effectively conveyed to the representatives of the BIA. There was also time to meet with our congressional and senate delegates, including the staffs of Senator Wellstone, Congressman Kennedy, Congressman Ramstad, Congressman Gutknecht, and Senator Dayton. Believed the meetings were very beneficial to participate in that dialogue. Update Regarding Community Development Activities Boyles: Announced the appointment of Don Rye as Community Development Director and the City's efforts to get the word out to existing businesses. Reviewed what businesspersons can expect from the City, including using Don as the primary solicitor of feedback from the business community, and the pdmary contact for those businesspersons needing assistance. Also. noted that Don has been working hard and there are several preliminary examples of his efforts, including proceeding City Council Meeting Minutes March 6, 2002 with the project for Creekside Estates, some assistance provided to Norex Corporation by negotiating the sale of the final parcel in the business park, and by assisting other business owners in the area of Fong's and Viking Liquor by addressing their parking concerns. Frank Boyles, City Manager Kay Md~er, R~Srding Secretary 7