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HomeMy WebLinkAbout0715 RegularREGULAR COUNCIL MEETING MINUTES July 15, 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Petersen, Zieska and LeUair, City Manager Boyles, Assistant City Manager Walsh, City Attomey Pace, Public Works Director Osmundson, Community Development Director Rye, Finance Director Teschner, Planning Coordinator Kansier, and Recording Secretary Meyer. APPROVALOFAGENDA: Zieska: Requested adding an item under 9G to include a discussion on the building permit process. MOTION BY PETERSEN, SECOND BY LEMAIR TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. APPROVAL OF MEETING MINUTES. JUNE 17, 2002 REGULAR MEETING MINUTES Boyles: Page 4 - Asked that the last paragraph where Ms. Pace speaks be cladfled to read "Advised that the City Code provides for both criminal sanctions and various civil actions. Criminal enforcement may not be the most effective method to enforce compliance. Therefore, the appropriate action at this time would be to commence a civil action if the Council chooses to do so." Gundlach: Asked for clarification on page 10 as to the motion and if the intent during those discussions was that applicant approval would be given by the staff or by the Council. Pace: Noted that on page 9, in the last paragraph, it was noted that the process would be similar to the conditional use permit process whereby criteda would be established, a recommendation would come from staff to the Council for formal consideration. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE THE JUNE 17, 2002 MEETING MINUTES AS AMENDED VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. JUNE 24, 2002 SPECIAL MEETING MINUTES MOTION BY LEMAIR, SECOND BY ZIESKA TO APPROVE THE JUNE 24, 2002 MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of Building Permit Report for June 2002 and 1st Half 2002. (C) Consider Approval of Treasurer's Report. (D) Consider Approval of Second Quarter Investment Report. (E) Consider Approval of Second Quarter Budget Report. 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 July 15, 2002 (F) Consider Approval of Resolution 02-109 Authorizing Full and Final Payment to Heselton Construction for Construction of Thomas Ryan Memodal Park. (G) Consider Approval of Resolution 02-110 Ordering Preparation of a Feasibility Report for 2003 Reconstruction Improvement Project. (H) Consider Approval of Temporary 3.2 Liquor License for Prior Lake Athletics for Youth. (I) Consider Approval of Resolution 02-111 Approving Wetland Replacement Plan for Red Cedar Heights. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE CONSENT AGENDA AS SUBMITTED. Boyles: Reviewed the remaining Consent Agenda Items. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeMair, the motion carried. ITEMS REMOVED FROM THE CONSENTAGENDA:NONE. PRESENTATIONS: ScoffCoun~Upda~(DaveUnmacht& Bad MarschalO Barb Marschall .(Scott County Commissioner): Discussed the County's role in connection with the City, as well as the County's desire to partner in as many ways as possible. Introduced County Administrator Dave Unmacht. Haugen: Thanked Commissioner Marschall for the role she plays in representing the people of Prior Lake at the County level. Dave Unmacht.(Scott County Administrator): Discussed the major County Board Goals for 2002 including construction of a jail and law enforcement center, land trust issues, web site enhancements, transit planning, 5-year parks and open space plan, precinct boundaries and redistricting, water planning study, future leaders event, aging planning study, fiber optic network and construction of a new library in Shakopee. Further discussed the major challenges facing the County including growth, economic variables, state budget shortfall, capital and infrastructure demands, becoming a regional employer, and financing local government. Gundlach: Complimented the County on the aggressiveness of their Capital Improvement Program. Asked about the changes in the County Comprehensive Plan, its focuses, and the steps that have been taken with respect to growth strategies. Specifically mentioned concerns for both County Road 21 and eventually County Road 68. Unmacht: Explained that the new Comprehensive Plan is now being implemented, even though its impacts may not be known for several years. The Plan implements phased growth. Discussed the focus areas being cities, where the service of infrastructure is in place, and also into staged areas of Credit River Township, New Market and Spring Lake Township. Further discussed the role of the County in annexation, which has typically been as intermediary. Hau,qen: Noted that he and Councilmember Petersen had met with the Spring Lake Township Board and believed that the residents and supervisors were willing to cooperate in order to come to an acceptable annexation plan. LeMair: Asked about the County's role with the Hennepin County Parks district both past and present. Unmacht: Advised that in the past, the County took on a very passive role. Currently, the County has taken a more active role, including setting priorities, establishing budgets and directing where resoumes should go. 2 City Council Meeting Minutes July 15, 2002 LeMair: Asked about the room for compromise with nspect to the land trust issues. Unmacht: The County believes that then is room for compromise and an willing to think cnatively to nsolve issues. The diffennces between the City and County and SMSC an philosophical and surround the issue of putting additional land into trust status. Hopeful that a long-term compromise is in the futun. Haugen: Asked about cultural issues that the County and City may need to addnss. Unmacht: Discussed the additional divenity in the community as it grows and the need to provide additional human services to those communities. Also advised that the County also needs to serve its weakest link, including educating cities on the impact of growth on human services. Further discussed the justice system and the expenses related to law enforcement, and to change how the County does business and provides services. 2002 Lakefront Days (Chamber of Commerce) Darcy Rose (Chamber President) and Sandi Fleck (Chamber Executive Director): Reviewed each of the events planned for Lakefront Days, both new and old. Meyer: Advised of the events planned for the Ice Cnam Social. Walsh: Discussed the Lakefront Days shuttle routes and pick-up locations. PUBLIC HEARINGS: NONE. OLD BUSINESS: Consider Approval of a Resolution Awarding Bids and Authorizing Execution of Standard Contract for 2002 Improvement Project. Osmundson: Reviewed the agenda item in connection with the staff nport, noting the process to date, the improvements proposed, and the bids nceived. Petersen: Asked about the diffennce in the hours for construction observation. Osmundson: Believed the calculations an at the discntion of the bidders. In last year's project, the hours noted wen right on budget. Zieska: Asked why the engineer's bid was under. Osmundson: Noted that while then was not one single item, it appeand that the costs for bituminous at next year's pdces would be a little higher than anticipated, and the project is tight and then is probably some incnased cost for the sewer nplacement portion. Boyles: Clarified that both nsolutions should nfer to the City's standard contract. City Council Meeting Minutes July 15, 2002 MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02-113 AWARDING BID FOR 2002 IMPROVEMENT PROJECT TO BARBAROSSA & SONS, INC. IN AN AMOUNT NOT TO EXCEED $1,547,014.70. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeUair, the motion carded. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 02-112 AUTHORIZING MFRA, INC. TO PROVIDE CONSTRUCTION STAKING SERVICES FOR 2002 STREET IMPROVEMENT PROJECT. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska, and LeUair, the motion carried. Consider Approval of a Resolution Awarding Bid and Authorizing Execution of Standard Contract for the Construction of Trails, a Basketball Court, and a Parking Lot as Identified in the 2002 Capital Improvement Program. Osmundson: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE RESOLUTION 02-114 AWARDING BID FOR THE CONSTRUCTION OF TRAILS, A BASKETBALL COURT AND A PARKING LOT AS IDENTIFIED IN THE 2002 PARKS CAPITAL IMPROVEMENT PROGRAM TO VALLEY PAVING, INC. IN AN AMOUNT NOT TO EXCEED $67,000. HauRen: Noted the project came in approximately 20% under budget. VOTE: Ayes by Haugen,Gundlach, Petersen, Zieska and LeMair, the motion carded. Consider Approval of a Resolution Authorizing General Fund Transfers to the Revolving Equipment Fund, Severance Compensation Fund and Building Fund. Teschner: Reviewed the agenda item in connection with the staff report. Gundlach: Asked if there is a problem with leaving the funds undesignated in the General Fund. Also asked how funds can be undesignated. Teschner: Explained that by leaving the funds undesignated, there is dsk that the state will perceive that the City has an abundant General Fund reserve. With the fiscal situation at the state level, it is possible that such a perception may indicate to the state that the City does not need state aids. Further explained dedicated funds versus discretionary funds, and the limitations in transferring money from specific funds. Gundlach: Asked how the severance compensation fund is normally funded without a surplus. Teschner: Advised that there are several ways to provide funding. In Prior Lake's case the funds are not accumulated on a per pay period basis, but rather incrementally by investment income and spot allocations as needed. The auditors recommend that the City maintain money to fund unanticipated leaves of employment, thus drawing money from accumulated sick or vacation leave. If the fund was not available, the money would come from the department operating budget. Zieska: Asked if the fund was created on the recommendation of the auditors. Teschner: Explained that the GASBY rule is that funding be set aside to approximate 50% of the overall severance on the books. To budget for 100% would be unreasonable. 4 City Council Meeting Minutes July 15, 2002 Gundlach: Suggested that the item be included in the department annual budget, rather than having a creative accounting mechanism. Teschner: Advised that what the City has tried to do is fund the account from investment income and periodic allocations from the General Fund, rather than from the tax levy. Theoretically, if there is only average turnover from a personnel standpoint, you may go for 20 years without funding the account on an annual basis. By funding on an annual basis, a surplus reserve position in the compensated absence balance could be created that would have to be moved. There are a number of ways to fund it, but there would be an added cost to the operating budget. Gundlach: Believed we absorbed the cost either way. Concerned that this is an operating expense that should be budgeted for annually rather than masking the cost by funding it from the surplus. Bo¥1es: Noted that the Council has never established a policy that this is intended to be a 100% representative fund. If that is the Council's direction, it can be done. Staff believes this is the most efficient allocation of funds with respect to impact on the taxpayer. Hauflen: Believed the current process for funding the account is simple and has the minimum impact on the taxpayer. If the account can be funded without impacting the annual budget, it seems that is the most prudent course in this instance. Clarified that with respect to the $750,000 proposed transfer to the Building Fund, no decisions have yet been made regarding the new City Hall/Police/Satellite Fire facilities. Asked if it is likely that the City will experience a surplus this year, and if additional monies should be transferred at this time. Teschner: Noted that staff was comfortable with a $750,000 transfer and then wait to see what the year-end bdngs as far as the state or our surplus. The State will look at the City's 2001 audit report. For the 2002 audit report, as long as we make an adjustment prior to year-end, it will not be reflected incrementally in the audit report. MOTION BY LEMAIR, SECOND BY PETERSEN, TO APPROVE RESOLUTION 02-115 AUTHORIZING GENERAL FUND TRANSFERS TO THE SEVERANCE COMPENSATION FUND, BUILDING FUND AND THE REVOLVING EQUIPMENT FUND. Gundlach: Concerned that more of the General Fund balance would be dedicated to the Building Fund, and not necessarily to the Severance Compensation Fund. Petersen: Asked if the Council can reallocate the money at a later date. Teschner: Advised that the Council has full authority to redirect the funds at such time we have a clear picture as to the impacts of the State budget deficit. Noted that in his opinion, the Severance Compensation Fund is the most important allocation given the balance that the fund has reached. Zieska: Understood Councilmember Gundlach's desire to put more funds toward the Building Fund, but believed that item could be addressed at a later date. LeMair: Agreed with the staff recommendation. Haugen: Supported the motion and asked that staff bring this item back to the Council to address any additional surplus prior to year end. VOTE: Ayes by Haugen, Petersen, Zieska and LeMair, Nay by Gundlach, the motion carried. 5 City Council Meeting Minutes July 15, 200? Consider Approval of Resolutions (f) Amending the Budgets for TIF Districts 1-1 and 1-2 and (2) De-Certifying TIF District 2-4. Rye: Reviewed the agenda item in connection with the staff report. Zieska: Asked if the $45,000 received for de-certifying district 2-4 would go into the General Fund. Teschner: Advised that Scott County has advised that our portion will be representative on the 2nd half tax settlement as excess TIF and will go into the General Fund. Due to the de-certification and because the 2® half tax payment for the properties in the area do not change, our tax collection with show in excess of 100% budgeted amount. Zieska.: Asked if the funds resulting from amending the budgets for district 1-1 and 1-2 will also be designated. Rye: Advised that the funds must be used TIF eligible purposes in Downtown district. MOTION BY PETERSEN, SECOND BY ZIESKA APPROVING RESOLUTION 02-116 MODIFYING TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICTS 1-1 AND 1-2. Gundlach: Asked for clarification as to why the money was collected improperly. Rye: Explained that the funds were not collected improperly, but that during the life of a TIF district, certain criteda have to be met. When those criteria, over the life of a TIF district, are not met or no activity takes place, the TIF district is rendered ineligible. Boyles: Further noted that using the funds puts the City at risk to lose the ability to provide tax increment financing, which is one of the only economic development tools the City has. The most financially prudent thing to do was to disband the district. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. MOTION BY PETERSEN, SECOND BY GUNDLACH APPROVING RESOLUTION 02-117 DE-CERTIFYING TIF DISTRICT 2-4. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. NEW BUSINESS Consider Approval of Ordinance Amending Section I10Z ~403(6) of the Zoning Ordinance Relating to Gymnastics Schools in the C-5 Zoning District. Rye: Reviewed the agenda item in connection with the staff report. Gundlach: Asked if the building owner is aware of the impacts of de-certification of the TIF district. Charlie Anderson: Advised that he is aware of the impacts and that the gymnasium school portion of the facility falls within the 15% allowable under the TIF district. City Council Meeting Minutes July 15, 2002 Boyles: Explained the process, first with the ordinance amendment, then to be followed by an application for conditional use permit. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE ORDINANCE 02-11 AMENDING SECTION 1102.1403(6) OF THE PRIOR LAKE CITY CODE. Haugen: Discussed the restrictions for parking and the designated drop-off area. Believed there was no need for the restrictions at this time and that the items may be unnecessarily restrictive for this site. Pace: Advised that the ordinance applies broadly, and that the Council may want to consider the overall impacts to the area. Zieska: Agreed that the restrictions are necessary for the overall area from a safety perspective given the other uses in the area. Hau.qen: Advised that his concems were for the specific building and given that the ordinance applies more broadly, felt the restriction were appropriate. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving the Conditional Use Permit for a 49.Unit Multi-Family Dwelling, Known as Bluff Heights Apartments in the R-4 Zoning District (Case File #02-026) Kansier: Reviewed the agenda item in connection with the staff report. LeMair: Asked where the nearest park is to the property. Kansier: The nearest park is probably Lakefront Park, but that since the project is not platted, the City cannot require park development. A neighboring property, however, will be platted, and discussions have already begun with the Timbercrest development for an adequate park in the area. Zieska: Advised that with a trail system, the complex will also be linked to The Ponds Park. MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 02-118 APPROVING THE CONDITIONAL USE PERMIT FOR A 49-UNIT MULTI-FAMILY DWELLING KNOWN AS BLUFF HEIGHTS APARTMENTS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeUair, the motion carried. Consider Approval of an Ordinance Amending Section 804 of the Prior Lake City Code Regulating the Discharge of Firearms. Boyles: Reviewed the agenda item in connection with the staff report. Pace: Added that the initial draft of the ordinance did include for informational purposes several clauses intended for the Council to consider the increasingly urban use of property within the City, and the impacts on the health, safety and welfare of its citizens. LeMair: Commented that Howard Lake seems to be hunted fairly heavily. 7 City Council Meeting Minutes July 15, 2002 Boyles: Explained that Arctic Lake is hunted, but is a developing residential area. Hunting had previously been prohibited on Pike Lake and Pdor Lake. More and more often concerns are raised by residents where hunting is allowed where they live. O'Rourke: Added that in the vicinity of Northwood Road specifically, there are more and more complaint calls regarding the use of firearms. Even until last fall, hunting was allowed in the Jeffers Pond area, and shots could be heard in the neighborhood of The Wilds. Hauflen: Noted that it seems that the growth, density and continued urbanization of the area brings the issue of safety of our citizens to the forefront. Zieska: Believed that banning hunting within the City is a natural evolution as Prior Lake moves from rural to an urban community, fortunately or unfortunately. Gundlach: Agreed with Councilmember Zieska. Asked if the proposed ordinance is practically enforceable, and if the SMSC had been consulted. O'Rourke: Explained that the ordinance as proposed is certainly more enforceable. Bo¥1es: Advised that the SMSC had not been consulted at this point. Gundlach: Asked that if the ordinance was adopted, that the staff attempt to effectively communicate the regulations to the Udewakanton and solicit their participation in compliance. MOTION BY GUNDLACH, SECOND BY PETERSEN, APPROVING ORDINANCE 02-12 AMENDING SECTION 804 OF THE CITY CODE REGULATING THE DISCHARGE OF FIREARMS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeUair, the motion carried. Consider Approval of Amendments to the City Personnel Policy Relating to Use of City Automobiles and Reimburseable Expenses. Walsh: Reviewed the agenda item in connection with the staff report. MOTION BY ZIESKA, SECOND BY LEMAIR, TO APPROVE THE AMENDMENTS TO THE PERSONNEL POLICY. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Amendment Relating to Outdoor Events. Boyles: Reviewed the agenda item in connection with the staff report. Pace: Suggested a change under 307.600, to read that decibel levels be determined 100 feet from the source of the amplification rather than 100 feet from the event site. O'Rourke: Advised that the ordinance gives the property owner the benefit of the doubt. By measuring from the property line, we are using the same standard in both the measurement of the decibel level (100 feet from the property line) and the notification to property owners (500 feet from the property line). It seems to be a reasonable compromise. 8 City Council Meeting Minutes July 15, 2002 Zieska: Agreed, because 500 feet from the source of amplification in Lakefront Park might mean no neighbors need be notified. Asked what 65 decibels is comparable to. O'Rourke: Advised that the current conversation may be exceeding 65 decibels depending on the extenuating factors such as wind and elevation. MOTION BY ZIESKA, SECOND BY LEMAIR TO APPROVE ORDINANCE 02-13 AMENDING SECTION 307 OF THE PRIOR LAKE CITY CODE RELATING TO OUTDOOR EVENTS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeUair, the motion carried. Consider Setting a Date for 6-Month Evaluation of City Manager Performance. Boyles: Reviewed the item in connection with the staff report. Hau,qen: Believed that there are two pieces to the evaluation - identifying shortcomings as well as progress. Suggested an evaluation take place within the next 30 days in Executive Session. [ADDED] Discussion Regarding the Building Permit Process Zieska: Discussed the current process for building permits, and the past difficulty in enforcement, specifically that often there is no penalty to deter people from violating the ordinance. Raised the issue of imposing a penalty for those who have to get building permits after-the-fact. Rye: Advised that a double fee is imposed for the after-the-fact permit by the Uniform Building Code, and that the structure must also comply with the Uniform Building Code. Bo¥1es: Clarified that the City staff, together with the City Attorney, have been working on a process of civil enforcement for matters such as these. It is by far more productive for the City to pursue civil enforcement, rather than criminal enforcement. The cost for legal services is the most significant impact of such enforcement. Suesan is working on putting together a standardized process. Pace: Added that no one can guaranty what a court in Scott County will do, but there is case law and precedence that indicate the City should be able to get injunction for the removal of structures that were built illegally. Also when people come in for after-the-fact permits, an additional penalty could be imposed. Zieska: Believed pursuing the issue of enforcement is necessary, and that staff should proceed in that regard. OTHER BUSINESS I COUNCILMEMBER REPORTS Gundlach: Reviewed the sign ordinance regulations and the great job at past enforcement. Noticed that several signs have begun to appear again in the right-of-way. Asked staff to continue to actively enforce the removal of such signs, and notification to the owners. 9 City Council Meeting Minutes July 1§, 2002 Pace: Clarified that since an ordinance is in place, it is appropriate that every effort is made to enforce the ordinance. However, it would be inappropriate for Councilmembers to remove signs, due to liability issues. Gundlach: Further asked for a status on making the Comprehensive Plan consistent with the Zoning Ordinance. Boyles: Advised that the project was set aside until such time as a new Strategic Plan was adopted. Consideration of the strategic plan is set for the next regular meeting. Staff then fully intends to pick up the project. Hau.qen: Offered best wishes and prayers to City Engineer Susan McDermott as she faces some health issues and will be out of the office for the next 5-6 weeks. A motion to adjoum was made and seconded. The meeting adjourned at 10:40 Frank Boyles, City Manager P 10