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HomeMy WebLinkAbout04 04 11 City Council minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES April 4 , 2011 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, He d- berg, Keeney and Soukup , City Manager Boyles, City Attorney Pace, Public Works Director Albrecht , Fire Chief Hartman, Streets and Utilities Supervisor Wiita, Interim City Engi neer Poppler, Building and Transpo r- tation Services Director Kansier, Finance Director Erickson, Planner Matzke, Assistant C ity Manager Meyer and Admini s trative Assis tant Green. 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 pr i- vate or political agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subject of a scheduled publi c hearing or public information hearing before the City Council, the Economic Development Authority (EDA), Planning Commission, or any other City Advisory Committee. The City Council may discuss but will not take formal action on Public Forum presentation s. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA MOTION BY ERICKSON, SECOND BY HEDBERG TO APPROVE THE AGEND A AS PRESENTED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. APPROVAL OF MEETING MINUTES MOTION BY HEDBERG , SECOND BY KEENEY TO APPRO VE THE MINUTES OF THE MARCH 21 , 2011 MEETING AS PR E SENTED. VOTE: Ayes by Myser, Eric kson, Hedberg, Keeney and Soukup. 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 Resolution 11 - 036 Accepting Donations and Grants to the City During the 4 Qua r ter of th 2010 . C. Consider Approval of Resolution 11 - 037 Authorizing the Mayor and City Manager to E xecute a Fare Rei m- bursement Agreement with the Metropolitan Council for Laker Lines. D. Consider Approval of Resolution 11 - 038 Auth orizing the Mayor and City Manager to Execute the City’s Standardized Professional Services Contract for the Arcadia Avenue and CR 21 Intersection Appraisal Se r- vices. E. Consider Approval of Resolution 11 - 039 Authorizing Final Payment to Scott County for CR 12 / TH 13 R e- construction Project. F. Consider Approval of Temporary Intoxicating On - Sale Liquor Licenses for the Prior Lake Association. Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com G. Consider Approval of Resolution 11 - 040 Accepting Plans and Specifications and Authorizing Staff to Sol i cit Qu otes for the 2011 Sanitary Sewer Improvements. MOTION BY ERICKSON , SECOND BY SOUKUP TO APPROVE THE CONSENT AGENDA AS PR E- SENTED . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. PRESENTATION Steve Albrecht City Manager Boyles announced Public Works Director Albrecht’s upcoming employment with the City of Burnsville. C omplimented Albrecht for the work accomplished during his seven - year tenure. Counci l- members expressed appreciation for Albrecht’s service and commented on the challenges he has met and his exemplary customer service. Mayor Myser presented a plaque to Albrecht. Albrecht thanked residents and businesses in the City for their support and respect for the work that has been done in the City. E x- pressed appreci ation for the support of the Council and staff. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of a Report Regarding Status of Current Water System Projects Public Works Director Albrecht r eviewed the automatic meter re ading system replacement, northern w a- ter system study with the SMSC, water supply options an d the water and sewer rate plan projects ; and o f- fered timelines for progressing the projects. Comments: Keeney : Commented that it was interesting to hear more a bout the SMSC plans adding that it seems like a winning direction. Erickson : Asked about the battery replacement associated with the automatic meter reading system. Albrecht : Responded that the current vendor has no local field representation; but they p rovided training to staff that allows us to maximize the software. Erickson : Commented on the commingling of water supplies with other entities and questioned the impl i- cations. Albrecht : Replied that commingling the groundwater with softened water can ef fect a chemical reaction to cause precipitants. Stated the water can be filtered. The SMSC is conducting a feasibility study to learn how to make the water systems compat i ble. Erickson : Asked if the City would have the option of partnering with the Met ro politan Council to treat wastewater. Albrecht : Believes it will be discussed in the future and there may be a long - term potential to use the Met Council capacity for other communities. Hedberg : C ommented favorabl y on the timing of these projects with t he CIP. NE W BUSINESS Consider Approval of a Resolution Authorizing 2011 Equipment Replacement Purchases. Parks and Fleet Supervisor Friedges and Streets and Utilities Supervisor Wiita described the process for analyzing equipment to be replaced. Descri bed the equipment proposed for replacement as well as the bids received to purchase a Ford F450 utility truck and appurtenant equipment, Caterpillar D80 - 4 gener a- tor, John Deere backhoe and a used Caterpillar 262C skid loader. 2 04 04 11 City Council meeting minutes Comments: Keeney : Comment ed that some of the equipment is being upgraded and queried what equipment is cu r- rently being used to accom plish the work . Albrecht : Replied that the safety audit noted the current equipment was under capacity and gave dire c- tion to upgrade it when replac ed. Keeney : Asked why a compactor is being added to the backhoe. Wiita : Described the scenario of compacting needs and stated this equipment would provide a means to compact safely. Erickson : Asked about three items scheduled in the equipment replacemen t program that are not being replaced: car, mower and pickup truck. Friedges : Replied that staff consider ed the condition of the pick - up and expects to receive another year or two of service from it . The car is scheduled to be utilized by inspections st aff and can be delayed. Staff will consider whether some of the mowing can be outsourced for a better cost than purchasing a new law n- mower. Erickson : Asked how many hours of operation are on the used bobcat being considered for purchase. Friedges : 1,000 hours. Erickson : Complimented staff for being good stewards of City fiscal resources. Soukup : Stated she toured the maintenance center and viewed equipment to be replaced. Noted that the auditors provided direction to upgrade some equipment for safety reasons and affirmed the welfare of the staff is necessary. Hedberg : Commented that this annual process of reviewing the revolving equipment program has worked out well . There are mu ltiple steps of analysis which resulted in deferment of purchases or oth er sa v ings to be realized without sacrificing safety. Noted the City has 39 lift stations so need s to have the right equi p- ment to take care of it. Myser : Affirmed that using the analysis of equipment is effective and this is an example of the process w orking. MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE RESOLUTION 11 - 041 AUTHORIZING REPLACEMENT OF 1999 F350 UTILITY TRUCK (UNIT #768), 1996 80KW CATERPILLAR GEN E RATOR (UNIT #776), 1995 JCB BACKHOE (UNIT #785) AND 2006 BOBCAT SKID LOADER (UNIT #501) . VO TE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Report on Land Use Incentive Training. Finance Director Erickson presented information about the online program offered by the League of Mi n- nesota Citie s Insurance Trust about land - use decision making. Certain city officials must complete the training course in order for the City to receive the discounts LMCIT will offer on land use claims. Comments: Erickson : Will support and plans to complete the tr aining . Keeney : Reiterated that the cost is only $30 and an hour and a half of each person’s time . J. Erickson: Added that the City needs to pay for a maximum of six tests and suggested that all Council, EDA and Planning members complete the training . Hedberg : Will take it. Soukup : Will take it . Myser : Will take it . Encouraged EDA and PC to take the test as well. 3 04 04 11 City Council meeting minutes MOTION BY SOUKUP, SECOND BY HEDBERG TO APPROVE THE REPORT ON LAND USE INCE N- TIVE TRAINING. VOTE: Ayes by Myser, Erickson, Hedberg, K eeney and Soukup. The motion carried. Consider Approval of an Amendment to the City Council Bylaws Regarding City Council Meeting Start Times. City Manager Boyles reviewed the direction to revise the bylaws to allow changing the start time of the City C ouncil meeting to 7 p.m. A later start time will permit more time to a ccomplish the amount of work that needs to be done in work session. Since this bylaws amendment is not offered as part of the annual mee t ing, a 4/5 vote is required . Comments: Council members expressed agreement for the change. Keeney noted the time defined for closing the meeting remains the same at 11 p.m. MOTION BY KEENEY, SECOND BY SOUKUP TO ADOPT AN AMENDMENT TO THE BYLAWS REVI S- ING THE MEETING START TIME FROM 6 P.M. TO 7 P.M. VO TE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Adopting the 2011 Prior Lake Economic Development Authority Budget. Finance Director Erickson outlined the fund sources for the proposed 2011 EDA budget stating it is i n- tended to cover basic administrative expenses and professional services. Comment: Hedberg : Stated the EDA anticipates that there will be additional requests to transfer funds related to ec o- nomic development to the EDA. Reco gnize s that a plan should be developed and adopted by the EDA b e- fore the request comes to the Council. Stated that an EDA planning meeting is scheduled for Saturday , April 21 . Soukup : Asked if the grant revenue line of $15,000 is from Scott County. J. Er ickson: Affirmed, adding that it will be matched by the EDA for a total of $30,000 for expenses . Erickson : W ill support. Keeney : Asked if there is any specific plan for use of professional services funding. Hedberg : Responded that the majority of money is anticipated to be a match to the $15,000 grant to pay for professional services to assist in strategic planning for the EDA. MOTION BY SOUKUP, SECOND BY ERICKSON TO APPROVE RESOLUTION 11 - 042 A PPROVING 2011 PRIOR LAKE ECONOMIC DEVELOPMENT A U THORIT Y BUDGET. VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Process and Timeline for Selecting the CR 21 Reconstruction Alternative. City Manager Boyles reviewed the proposed process and timeline. No ted that a neighborhood meeting is not proposed at this time, but rather after design for the project is completed. Comments: Keeney : Stated he is supportive of a process to move forward and make a decision and not pos t pone it. Erickson : A nticipate s tha t this project will have a large financial impact on the City. Supports the pr o- posed process and timeline. 4 04 04 11 City Council meeting minutes Soukup : Noted that the t imeline is tight and this outline moves it forward. Asked when design will be complete. Boyles : Responded that some plann ing information is anticipated by April 15 , but the design is a more comprehensive process that may not occur for a year or two. Albrecht : Affirmed that the information brought forth by April 15 will be e nough info rmation to analyze costs , but not design. Noted that prior to design, the project will want to pass all other tests by the C ouncil that there is intent to move for ward with the project and then the City will know which alignment is being supported and which properties will be affected. Hedberg : Supports the proposed process and timeline. Anticipate s that a town hall meeting will raise a d- ditional questions. Suggested that a 30 - day period be planned to investigate and respond to questions that may come up in the town hall meeting. Myser : Supp orts the decision meeting being scheduled on June 20 in the event anything new comes up at the town hall meeting. Keeney: Supports the second meeting in June for a planned decision. Stated the City is f ar from final a p- proval on this project, but this de termines a direction for movement. Noted that f unding needs to be e x- plored , which may raise questions of affordability . MOTION BY HEDBER G , SECOND BY SOUKUP TO APPROVE THE CR 21 PROCESS AS PROPOSED WITH THE FINAL DATE CHANGED TO JUNE 20. VOTE: Ayes b y Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider a Report Requesting City Council Direction on Potential Amendments to the City Code Pertaining to Erosion Control Measures for New Construction. Building and Transportation Serv ices Director Kansier noted that staff spends time on enforcement as well as erosion clean up from construction sites and finds this to be an issue that has continual new facets . B e lieves there should be discussion on long - term solutions. Outlined the is sues. Requested direction from Council . Comments: Soukup : Regarding rear yard turf , believes turf should be established but has no preference for sod or seed; regarding construction project completion , believes seasons need to be considered; regarding b uilder deposits, the City should learn the costs it incurs so the deposit is large enough to cover the costs; willing to discuss the time frame for forfeiting an e s crow. Hedberg : Agreed an interim plan should be used for the summer. Regarding rear yard t urf, believes staff should learn what “ establishing turf ” means and set a n appropriate time line; could establish a sliding scale to reflect construction times depending on size of building , season, etc. ; building deposit forfeitures should be done after s ome defined period of time; would favor as - built surveys since it is recurring issue and would take the debate out of the issue; would favor a separate ordi n ance. Keeney : Stated he has not heard of builder’s deposits actually being forfeited and believes the most i m- po r tant issues should be defined and enforced , let the others go. Noted the City spends money on water quality and one major erosion control failure can negate all of the efforts made to improve water quality. Favor s increasing the e nforc ement level. Suggested considering the f ront and back yards togeth er for e s- tablishing a completion date . Erickson : C oncurred with Keeney’s comments that enforcement is needed. Believes certificate of occ u- pancy should not be issued until grading and turf is established. Believes as - builts should include gra d ing. Myser : Asked why back yards were not included with the ordinance originally. 5 04 04 11 City Council meeting minutes Kansier : Responded that the original provision probably considered that f ront and side yards are more aesthetic and a d ifferent kind of landscaping in a rear yard might be desired. The rear yard is an added e x- pense and fewer people see it. Believes the re was no intent to avoid completing the back yard . Myser : Asked about a builder’s symposium offered by the City that no one attended. Kansier : Responded that a decision was made to conduct a work shop at the request of a local builder. Stated she acquired certification so the work shop could be offered as con tinu ing education for builders, collaborated with surrounding c ommunities for presentations, mailed 70 invitations and made follow - up phone calls , but no one attended. Stated that the building inspectors out on site s heard from builders that they already had the inform a tion they needed. Myser : Asked what percentage of projects might have erosion control issues. Kansier : Replied that m ost sites have some issues and most of them are inadvertent. Some contractors are more conscientious about cleaning up than others . Myser : Generally supports gaining control over t he problem because of water quality benefits and would take direction from staff on the best way to address it that includes enforcement. Concurred that back yards could be established with seed, builder’s deposit should be in creased, staff can recommend forfe i ture at some period of time , supports an erosion control escrow , and supports as - built surveys. Kansier : Will consider some interim solutions and bring them back to the Council. Keeney : Commented that the City can expect a similar reaction as exper ienced with the sign ordi n ance. Suggest ed beginning with something such as an increased deposit or some kind of introductory step, then can provide explanation and increase enforcement. The workshop could be offered again afterwards. MOTION BY KEENEY, SECOND BY HEDBERG TO DIRECT STAFF TO MOVE FORWARD WITH INT E- RIM SOLUTIONS FOR EROSION CONTROL FOR NEW CONSTRUCTION AND SCHEDULE A MORE DETAILED DISCUSSION FOR A LATER DATE THAT STAFF FEELS IS APPROPRIATE . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. Consider Approval of a Resolution Extending the Deadline for Recording the Final Plat, Develo p- ment Co n tract and Planned Unit Development (PUD) Amendment for Jeffers Waterfront Addition. Planner Matzke stated that Mattamy Hom es is requesting an extension of one year for recording the final plat, development contract and PUD amendment for the Jeffers Waterfront Addition. Staff recommends 60 days. Noted that additional extensions could be requested after a 60 - day period . Stat ed that a Letter of Credit (LOC) was offered from a non - local bank; but City ordinance requires a LOC from a bank with a local branch within the seven - county m e tro area. Comments: Erickson : Concurred with staff on a 60 - day extension and use of a local bank. Keeney : Clarified the amount of a LOC and that it is intended to cover C ity expenses if we have to finish improvements on the project. Matzke : Affirmed. Keeney : Does not favor relaxing the requirements. Favors a 60 - day extension period. Hedber g : Understands the parent firm of Mattamy Homes is a well - established Canadian firm and e x- pressed a desire to have Mattamy Homes building this development. Stated he is w illing to offer an exte n- sion up to 90 days since the parent firm is Canadian and not domestic. Soukup : Noted that the terms of the development contract set out the requirement for a local bank. Stated her desire to keep the developer interested as they can benefit the City so is open to a 60 - day or 90 - day extension, but does not support a one - year extension. Myser : Asked the developer to explain the time request and queried why it is taking this long to get a LOC in place . 6 04 04 11 City Council meeting minutes Tom W olter , Mattamy Homes , believes it makes more sense to look at the overall health of the bank r a- ther than the l ocation stating the LOC is from the Royal Bank of Canada which is ranked #38 in the USA. Asked for a one - year extension so he would not have to keep coming back for additional extensions. Stated they are not pursuing a LOC from a local bank, which is a c orporate decision. Requested using the LOC from the Royal Bank of Canada stating they plan to have the streets paved by June and could subst i- tute the LOC with cash at that time. Myser : Responded that until there is a full review of policy, he will suppo rt the requirements of having a l o- cal bank. Wolter : A sked for a 90 - day extension to come up with the cash stating that his c ash flow isn’t ideal, but it is not a deal breaker. Myser : W ould support a 90 - day extension. Erickson : Commented on Wolter's stat ements of having a LOC from a non - local bank. Stated he seems to be saying that within 90 days the project will be finished and a LOC will not be needed. Wolter : Responded he would like the City to accept this LOC and in 90 days could exchange it with t he cash needed for the project. Erickson : A sked for staff input. Matzke : Replied that regardless of the construction time frame the City must have the security of a LOC or cash before the plat and contract can be released and recorded and construction begun. There are banks throughout the country that have a branch in the metro area. Noted that acceptable security must be pos t- ed before applying for building permits and starting with the development and Wolter is referring to posting cash for a warranty security which would be less than the amount needed now. Stated that c ontr a dicts the policy of the C ity. Erickson : R eferred to past experience with a bank failure. Poppler : Confirmed that the experience was with a construction mortgage firm that was b acked by a large bank which was accepted because it was local. Stated that the LOC is intended to assure that the work is completed. If the LOC would have to be drawn on, staff would have to physically go to the location of the bank to draw on the LOC. Erickson : Queried why staff would have to go there physically rather than transfer funds. Poppler : Responded that it is the way the LOC is written. Wolter : Believes the phrase “be presented for payment” does not say you have to physically be there. E rickson : Stated he would like to see that resolved as a non - local bank would be a problem if a staff pe r- son had to be there physically to draw on the LOC . Wolter : Suggested seeking clarification on that asking if that requirement can be waived if there is no i n- tent to be physically present to draw on the LOC. Albrecht : Stated that this would be a major contractual change to the development contract and the City Attorney would have to make a decision on it. Noted the City has had substantial issues wit h three LOC s and only once was the LOC honored by the bank. Boyles : Commented that the City A ttorney is absent this evening. Stated that Prior Lake is one of the communities that have regular ly used this requirement and a ll other contractors have fo llowed this pol i cy. Mattamy Homes was aware of this requirement b efore they started. Suggested that Mattamy Homes is u s- ing this forum to lobby changing the policy rather than addressing the length of time of the e x tension. Keeney : Suggested the locatio n of the LOC might get into jurisdictional issues and becoming involved in in - state v. out - of - state litigation if there is dispute over application of the LOC. Believed staff was going to establish minimum ratings for banks that would be accepted for LOCs . Albrecht : Agreed staff is l ooking to tighten up LOC requirements . The City Attorney will look at LOCs, ra t- ing of the banks and verifying that the financial institution is a bank . Keeney: Need more time to resolve these issues, but is n ot open for a policy change at this time. Myser : Support s a 90 - day extension. 7 04 04 11 City Council meeting minutes MOTION BY HEDBERG, SECOND BY SOUKUP TO ADOPT RESOLUTION 11 - 043 EXTENSION OF THE DEADLINE FOR RECORDING A FINAL PLAT, DEVELOPMENT CONTRACT, AND PUD AMENDMENT FOR JEFFERS WATERFRONT ADDITION U NTIL JULY 7, 2011 . VOTE: Ayes by Myser, Erickson, Hedberg, Keeney and Soukup. The motion carried. OTHER BUSINESS Community Events Hedberg: The c ompost site is ready to open on April 9. The location is changed to the maintenance ce n- ter. The City will deliver compost to the SMSC to be used at their organic waste composting site. Soukup: Stated the Transit Review Board wants to honor Councilmember Erickson for his accomplis h- ments on the Board over the past few years and have prepared a plaque to pres ent to him Erickson : The Fire Department Relief Association has its annual dance on April 16 at the VFW. Keeney : DARE Day is May 4. Myser : A sked for an update on the lake level. Wiita : Responded the level is 903.95 ’ . Increases to the level are slo wing dependent upon rain, but the level is expected to reach 904’ this weekend. A culvert has been washed out. Reported on the number of sandbags sold and sand delivered. Myser : Asked if any specific property warnings have been given . Boyles : Replied t hat the Watershed plans to be monitoring inlets. Myser : There will be an Arbor Day Tree Sale on Aril 30 at Savage Public Works building. EXECUTIVE SESSION City Manager Boyles read an excerpt from the open meeting law identifying that the Council could move into executive session to discuss land acquisition. Identified the parcel for discussion as being located b e- tween Duluth Avenue and West Avenue along CR 21. Mayor Myser recessed the meeting at 9:21 p.m. to allow the Council to move into executive session. RECONVENE The meeting was reconvened at 9:48 p.m. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Hedberg, and seconded by Soukup. With all in favor, the meeting adjourned at 9: 49 p.m. _ ___ ________ _______________________ __ ________________________________ _ Frank Boyles, City Manager Charlotte Green, Administrative Asst. 8 04 04 11 City Council meeting minutes