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HomeMy WebLinkAbout10 17 11 City Council Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES October 17 , 2011 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson and Hed berg , City Manager Boyles, City Attor ney Pace , Finance Director Erickson, City Engi n eer / In s pe c tions Director Poppler, Public Works/Natural Resources Director Gehler, Community and Economic Develo p- ment Director Rogness, Fire Chief Hartman, Assistant City Manager Kansier and Assistant City Manager Meyer . Council member s Keeney and Souku p were 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 and each presenter will have no more than ten (10) minute s 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 public 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 present ations. Matters that are the subject of pending litigation are not appropriate for the Forum. Comments: No person stepped forward to speak. APPROVAL OF AGENDA City Manager Boyles corrected a typographical error i n the agenda noting that meeting minutes to be co n- sidered for approval were for a City Council meeting held on October 7, 2011, rather than October 10, 2011. MOTION BY HEDBERG, S ECOND BY ERICKSON TO APPROVE THE AGEND A AS MODIFIED . VOTE: Ayes by Myser , Erickson and Hedberg . The motion carried. APPROVAL OF MEETING MINUTES Approval of the minutes of the October 3, 2011 meeting will be deferred to the next meeting in order that a quorum of Council members who attended the October 3 meeting will be pres ent to consider said m i nutes for approval. MOTION BY ERICKSON, S ECOND BY HEDBERG TO APPROVE THE MINUTES OF THE OCTOBER 7, 2011 MEETING AS PRESENTED. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. CONSENT AGENDA City Manager Boyles rev iewed the items on the consent agenda. A. Consider Approval of Invoices to be Paid. B. Consider Approval of Resolution 11 - 120 Accepting Donations and Grants to the City During the 3rd Quarter of 2011. Phone 952.447. 9800 / Fax 95 2.44 7 . 4245 / www.cityofpriorlake.com C. Consider Approval of Building Permit Summary Rep ort. D. Consider Approval of Animal Control Services Report. E. Consider Approval of Fire Department Report. F. Consider Approval of a Temporary On - Sale Liquor License for the Prior Lake VFW. G. Consider Approval of Resolution 11 - 121 Authorizing the M ayor and City Manager to Execute the City’s Standardized Professional Services Contract for Engineering Services for the Industrial Park Utility Extension Project Fe a sibility Study Update. Hedberg requested that item 5B, Consider Approval of a Resolutio n Accepting Donations and Grants to the City During the 3rd Quarter of 2011 , be removed from the Consent Agenda for review . MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE THE CONSENT AGENDA AS MO D- IFIED . VOTE: Ayes by Myser, Erickson and Hedberg. The m otion carried. Hedberg : Requested that the City Manager read the grants and donations as a way of providing public recognition to those who make donations to the City. Boyles : Reviewed the donations and grants report identifying amounts and donators. Hedberg : Thanked the individuals and organizations who donated this quarter and who give regularly. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE ITEM 5B, CONSIDER APPROVAL OF A RES O LUTION ACCEPTING DON ATIONS AND GRANTS TO THE CITY DURING THE 3RD QUA RTER OF 2011. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. PRESENTATION Presentation to Retiring Advisory Body Members. City Manager Boyles commented that the individuals who serve on advisory committees commit much time and effort to them. S tated that Dan O’Keefe and Harry Alcorn served nine years on the Lakes Adv i- sory Committee; and Mike Feriancek served nine years on the Parks Advisory Committee. Mayor Myser presented pl a ques to Alcorn and Feriancek recognizing their contributio ns. O’Keefe could not be present. Bryan Fleming, Paul Perez, Deno Howard and Bob Facente were present to receive proclamations from the Mayor expressing appreciation for volunteerism and their years of service on the Planning Co m mission and Economic Deve lopment Advisory Committee. Charles Howley and Jeff Evens were not present, but were recognized for their time and effort serving on the Planning Commission and Traffic Safety Advisory Committee. PUBLIC HEARING Special Assessment Public Hearing for the 2011 Unpaid Special Charges and Consider Approval of a Re s olution Adopting the Assessment Roll for the Unpaid Special Charges. Finance Director Erickson reviewed the unpaid special charges proposed to be assessed including items such as snow removal, delin quent utility billing, etc. M OTION BY HEDBERG, SECOND BY ERICKSON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson a nd Hedberg. The motion carried and the public hearing opened at 7:17 p.m. Comments: 2 10 17 11 City Council meeting minutes Gary Revak, 15981 Jordan Avenue , stated he was on vacation the first 3 weeks of January and when he returned home he discovered a notice to plow a nd a second notice stating the plowing had been done and $200 was owed . Stated that sidewalk has never had to be shoveled in the past as the City pl ow s the sid e- walk on south side and the County has cleared the other side a couple of times per year. Does not feel this charge is justified. Believes he should have been told early in the season if plowing was going to become r e quired. Myser: Queried t he length of time the sidewalk has been in place. Revak: Replied it has been there at least 15 years . MOTION BY HEDBERG, SECOND BY ERICKSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried and the public he aring closed at 7:21 p.m. Comments: Hedberg : Asked staff if City records are similar to Revak’s claims; specifically, that this are a has not been plowed by residents before. Gehler : Replied that the City plows one side of all collector and arterial str eets. The south side of this street is plowed by the City. The north side may not have code compliance on it, but it is her understanding that it is a sidewalk. Poppler : Added that City C ode states that if there is sidewalk not plowed by the City, it is the responsibility of the property owner. Hedberg : Revak describes discussions with the City stat ing the north side is a bike path which would not be maintained in the winter. Poppler : Possibly there was no complaint prior to this year. With a comp laint, a notice would be sent and followed through with billing . Stated he does not know the specifics of this case. Erickson : Does not know what happened here regarding a bike path vs. a sidewalk. Reaction is that if the sidewalk has not been plowed fo r 15 years, the assessment could be waived for this year and a determin a- tion of what is appropriate made for the next year. Myser : Revak states he has never been asked to clear this area . Asked if there are records to show whether he has ever been char ged . Poppler : Replied that w ould have to be research ed as it is unknown at this time. Myser : Supports removing Revak from this assessment roll. MOTION BY HEDBERG , SECOND BY ERICKSON TO APPROVE RESOLUTION 11 - 122 ADOPTING ASSESSMENTS FOR THE 2011 UNPAID SPECIAL CHARGES AND STIPULATING THAT THE $230.00 FEE FOR PROPERTY AT PID 259360040 IS R E MOVED . VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. 1) Special Assessment Public Hearing for the 2011 Improvement Project City Project #11 - 011, Bo u- din’s Neighborhood Improvements, Phase 1; and 2) Consider Approval of a Resolution Adopting the Asses s ment Roll for the Project. City Engineer / Inspections Director Poppler reviewed the project and the current status of construction. Noted that tonight ’s a ssessment hearing is just for P hase 1. Described the funding sour ce s noting that a s- sessments are calculated on 40% of the street and storm sewer portion of the project. Assessments for th is project a re further calculated by adding the costs for both phases and divid ing that by the number of properties for both phases. The unit assessment method is proposed at $8,427 per unit. An apartment complex that is part of this project is assessed at 3.2 units. Discussed the assessment payment options and sta ted that the interest rate will be 4.06% for persons choosing to amortize their pa y ments. 3 10 17 11 City Council meeting minutes Comments: Erickson : A sked Finance Director Erickson to explain the deferment option, who qualifies and future pa y- ment. J. Erickson: Replied that City Code does provide for deferral of assessments for persons who are 65 or older, own a prevailing interest in the property, property must be homesteaded and income requirements must be met. The total assessment must be more than $1,000. If a homeowner is disabled an d eligible for workers compensation, they may also be eligible for deferral. Deferrals can be approved for payment e i- ther interest - free or interest i n cluded. Erickson : Clarified that the assessment is only deferred and if the property is sold, the assess ment would be come payable. J. Erickson: Listed the reasons that the assessment would be come due and payable. Hedberg : A sked how many applications were received for raingardens. Poppler : Six or seven. Hedberg : Asked how many homeowners are participat ing in the driveway program. Poppler : Twenty - two. MOTION BY HEDBERG, SECOND BY ERICKSON TO OPEN THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson and Hedberg . The motion carried and the public hearing opened at 7:37 p.m. Ryan Getty / Brad Schaffer, 14151 Grayling Circle NE, stated they live in the lower units of the four - plex apartment. Believe the traffic in and out of the apartment complex is not more than a family with three dri v- ers. Stated the entire property is less than an acre. Believe the property should only be charged as one unit. David Lind, 14144 Rutgers Street , expressed concern about how the assessment was calculated. Part of project is commercial . P roposed that the economic benefit for the commercial property should represent si x units in the project. Believes the h omeowners are absorb ing the costs of the commer cial property . Study said there is no economic benefit to those properties , but all of them need emergency access from the rear of their lots . Believes utilities are ac cess ed from the rear of the lot. Stated that neighbors w orked through issues with the Council when that development came into the neighborhood and they should not get to decide it is not part of the neighborhood when it is time for a s sessments. Kalli Ostl ie, 14419 Watersedge Trail NE , reiterated that commercial properties should share in the a s- sessments. Does not like unit assessment method. All homes are so unique that a random appraisal would not be the basis to support equal assessments on all propert y. Concern ed with statute that allows special assessment to be placed on the property that may not be benefitting the property in that amount. Would like to see appraisal that shows that her pr operty would be increased by the amount of the asses s- ment. Believes the assessment amount should be the same as that in other reconstruction projects as the fact that this project is more difficult does not mean she is benefitting more by the improvements. B e lieves taxes are supposed to pay for essential se r vices such as streets. Corey Minnich, 1439 0 Waters e dge Trail NE , asked if the project will be completed by November 17 as scheduled. Poppler : Affirmed that the project is on schedule. Minnich : Asked about the date of the assessment stating the assessment should be when the project is complete, not before. MOTION BY HEDBERG, SECOND BY ERICKSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried and the public hearing closed at 7:53 p.m. 4 10 17 11 City Council meeting minutes Comments: Poppler : R espond ed to questions regarding the unit method for the apartment complex stating that the unit assessment method identifies multi - unit complexes to be calculated at 0.8 per dwelling unit based on the percentage of usage of the sewer system . T he City has consis tently followed the assessment policy . Added that traffic usage of a residence is not considered with assessments. Pace : Affirmed that the traffic generated per unit is not one of the criteria used to measure the fair ma r ket benefit. Poppler : Regarding the potential benefit to the commercial property, stated that the a ppraiser d oes not measure economic benefit; but rather value benefit to the property. Sewer and water utilities are both a c- cessed from the front of the commercial property and there are n o driveways or other vehicle access from the back of the property. Regarding the assessment amount per unit and appraisals, stated that nine a p- praisals were completed throughout the neighborhood for both phases. The lowest benefit found was $13,000 on a vacant lot , and ranging up to $56,000. This provided good indication that the assessed ben e- fit is justified. Added that 60% of the street and sewer is the City’s policy for assessments to retain consi s- tency over a long p e riod of time. Hedberg : Noted th at 60% i s the amount paid by the general taxpayer , and the property owners split the remaining 40%. Poppler : Stated that this project, because of the distribution of homes, soil corrections, etc. is a more e x- pensive project for the density of the neighbor hood , but t he formula of 40% of the street and sewer cost remains consistent with other projects . Hedberg : Commented that he s erves on the special assessment review committee and has been follo w ing this carefully. It is a challenging project, much of it due to soils. Appreciates the forbearance and p a tience of people living in the community. Appreciate s the efforts of the contractor to complete the project on a timely basis. Noted that c osts for this project came in higher than the engineer’s estimates leading to a second round of bidding which proved the necessity of the higher costs. Stated this neighborhood has needed r e construction for more than ten years ; and the q uality of streets make a big difference in value and marketability of homes. Suppor t s the a s sessment roll. Erickson : Commented that t his area was originally scheduled for reassessment at a later date, but this project was moved forward based on a request from the residents to have it reconstructed sooner. An i s- sue wa s brought forward a bout the number of persons living in a unit; but the assessment is calculated on the unit, not the number of people living there. Relies on the appraisal for proving benefit. Asked about the appeals process for assessments. Pace : Replied that any proper ty owner can file in D istrict C ourt challenging the amount of the assess ment within 30 days. Erickson : Asked about the timing of the assessment. J. Erickson: Replied that information must be provided to the County before November 30. Bonds have been is sued for the project and the City is paying interest on the bonds. Myser: Added that he s erved on the special assessment review committee and the committee d iscussed whether the unit assessment method was appropriate, how to det ermine apartment building u nits and the value to the commercial property . The committee learned there was no benefit to the commercial property so there is no authority to tax them . Agreed that the appraisals support the assessment. MOTION BY HEDBERG, SECOND BY E RICKSON TO APPROV E RESOLUTION 11 - 123 ADOPTING ASSESSMENTS FOR THE 2011 IMPROVEMENT PROJECT, CITY PROJECT #11 - 011 BOUDIN’S NEIGHORHOOD IMPROVEMENTS, PHASE I. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. OLD BUSINESS None scheduled. 5 10 17 11 City Council meeting minutes NEW BUSINESS Cons ider Approval of Resolutions for an Amendment to the Hickory Shores Planned Unit Develo p- ment Final Plan and Consider Approval of a Preliminary Plat to be known as Hickory Shores 2nd Addition. Community and Economic Development Director Rogness stated the P lanning Commission reviewed and recommends this action for approval . Reviewed the site and the original plans. Stated the pr o posed a mendment is a reduction of townhomes from 38 to 37 ; an i ncrease in open space and a decrease in i m- pervious surface. Stat ed that 27 acres are dedicated to public space. Reviewed the preliminary plat. R e- viewed a concept of the townhome design. Noted that s ingle family lot designs are not changing and s ix of the 35 single family lots are under private ownership of the homeo wners. Amendments are not changing the impact on the we t lands. Comments: Erickson : Looks like a win - win situation because of additional open space and less impervious surface. Asked when the project is proposed to start. Rogness : Replied that the n ext step is to process the final plat which may be brought to the next Cou n cil meeting. Fees have been paid. Hedberg : Commented that this is a b eautiful piece of property. There is a lot of acreage of unique park land that follows the shoreland of both lakes. Noted that the previous developer was launching the project as the housing market collapsed. Wished the developer well stating this will be a great addition to the community. Myser : Asked if the property is currently bank owned. Rogness : Replie d that s ome areas are fully owned by the developer ; common areas appear to be owned by GM Homes, townhome pads are owned by Signature B ank. Anticipates that the purchase agreement will have a contingency on getting through this approval process before own ership changes from those other entities to Wyatt the Pudel Pointer LLC. Jim Deanovich: Stated that Signature Bank took s everal of these lots back and was trying to market them to a number of people. Complimented staff for recognizing that the walls w ere a big issue and they were recently proven to be faulty. That was first issue to hold up the project. Another issue was the titles of c ommon area of town homes. Closing on the purchase agreement is planned for final plat approval. There is a n agreem ent with the townhome association to clear up the common area issues. Signed a contract t o- day with D.R. Horton to build higher end single family homes. The four interior lots will be turned into a common area space for the homeowner association. MOT ION BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 11 - 124 TO APPROVE AN AMENDMENT TO THE PLANNED UNIT D E VELOPMENT (PUD) FINAL PLAN KNOWN AS HICKORY SHORES. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. MOTION BY HEDBERG, SECOND B Y ERICKSON TO APPROVE RESOLUTION 11 - 125 TO APPROVE A PRELIMINARY PLAT TO BE KNOWN AS HIC K ORY SHORES 2 ADDITION. ND VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. Consider Approval of Resolutions Appointing Persons to Serve on City Adviso ry Committees. City Manager Boyles reviewed the advisory committees , vacancies and persons recommended for a p- pointment. 6 10 17 11 City Council meeting minutes Hedberg : Commented that it is gratifying to see the number of members who applied for reappointment. Volunteerism is what makes the wheels turn. Stated it is also good to see the number of people who are new. They are to be congratulated and thanked. Erickson : Thanked everyone who applied and are willing to contribute their time. Will support the reco m- mendations. Myser : Thanked t hose willing to contribute time and effort to make the City grow and prosper. Boyles : Noted that the EDAC appointments will be made by the EDA rather than the Council. The Co m- munications / Technology Committee needs additional members and staff will be s oliciting for applications. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 11 - 126 APPOINTING LINDA RINGSTAD, JANINE ALCORN, BETSY JADER AND GINA GERTNER TO SERVE ON THE CO M- MUNITY SAFETY ADVISORY COMMITTEE. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. MOTION BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 11 - 127 APPOINTING ROCHELLE HARGIS AND KYLE HAUGEN TO SERVE ON THE PARKS ADVISORY COMMITTEE. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. MOTIO N BY HEDBERG, SECOND BY ERICKSON TO APPROVE RESOLUTION 11 - 128 APPOINTING LIZ WENINGER, J. ALLEN NEMECEK, THERESA FELDMAN, CHAR JASAN AND TOM VOLL TO SERVE ON THE LAKES ADVISORY COMMITTEE. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. M OTION BY HEDBERG, SECOND BY E RICKSON TO APPROVE RESOLUTION 11 - 129 APPOINTING ADAM BLAHNIK, PERRI HITE, JEFF PHELAN AND ERIC SPIELER TO SERVE ON THE PLANNING COMMISSION. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried. MOTION BY HEDBERG, S ECOND BY E RICKSON T O APPROVE RESOLUTION 11 - 130 APPOINTING GORDON KLINGBEIL AND CRAIG ANGLIN TO SERVE ON THE TRAFFIC SAFETY ADVISORY CO M- MITTEE. VOTE: Ayes by Myser, Erickson and Hedberg. The motion carried . OTHER BUSINESS Community Events Erickson: Ele ction for some residents of Prior Lake – Shakopee School District . Those residents will have their voting precinct in Shakopee at the Cross of Peace Lutheran Church. The CAP agency will have a function at South Lake Village Mall on November 3. Hedberg : PLTV moved to Channel 8 as of today. The Integra IPTV viewing channel will not be changing . Myser : The City of Prior Lake was named 2011 outstanding conservationist of the year for innovative and d i ligent care of natural resources in Scott County. Rea d about it in the Scott County Scene. ADJOURNMENT With no further comments from Council members, a motion to adjourn was made by Erickson and seconded by H edberg. With all in favor, the meeting adjourned at 8:41 p.m. ___ ___________________________ ____ __ ________________________________ _ Frank Boyles, City Manager Charlotte Green, Administrative Assistant 7 10 17 11 City Council meeting minutes