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HomeMy WebLinkAbout10 08 12 City Council Minutes 4646 Dakota Street SE Prior Lake, MN 55372 REGULAR CITY COUNCIL MEETING MINUTES October 8 , 201 2 CALL TO ORDER The meeting was called to order at 7 :00 p.m. Present were Mayor Myser, Council members Erickson, He d berg and Keeney , City Manager Boyles, City Attor ney Rosow , Finance Director Erickson, F ire Chief Hartman, Police Chief O’Rourke, City Engineer / Inspections Director Poppler, Public Works/Natural Resources Director Gehler, Community and Economic Development Director Rogness , Assistant City Manager Meyer and Administrative Assi s tant Green. C ouncilmember Soukup was 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 t han ten (10) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or polit i cal agendas. Topics may be addressed at the Public Forum that are on the agenda except those topics that have been or are the subj ect of a scheduled public hearing or public information hearing before the City Cou n cil, 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 P ublic Forum presentations. 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 requested t he addition of item Add 7B, presentation of lifesaving awards. MOTION BY ERICKSON, S ECOND BY KEENEY T O APPROVE THE AGEND A AS MODIFIED . VOTE: Ayes by Myser, Erickson, Hedberg and Keeney . The motion carried. APPROVAL OF MEETING MINUTES MOTION BY KEENE Y , S ECOND BY ERICKSON T O APPROVE THE MINUTES OF THE SEPTEMBER 24 , 2012 , MEETING AS PR E SENTED . VOTE: Ayes by Myser, Erickson, Hedberg and Keeney. The motion carried. CONSENT AGENDA City Manager Boyles reviewed the items on the consent agenda. A. Cons ider Approval of Claims Listing B. Consider A pproval of Resolution 12 - 163 Authorizing the Purchase of Tax Forfeited Property C. Consider Approval of Resolution 12 - 164 Accepting Proposals and Awarding the City's Standar d ized Contract for Geotechnical Serv ices for the 2013 Improvement Projects (Welcome Ave, Ridgemont Ave / Main Ave / TH13 Intersection, Sunset Ave Lift Station) D. Consider Approval of Resolution 12 - 165 Approving the Final Plat and Development Contract for M a- ple Glen 4th A d dition E. Conside r Approval of Resolution 12 - 166 Approving the Final Plat and Development Contract for R a- dermachers 2 Addition nd Phone 952.447. 9800 / Fax 952.44 7 . 4245 / www.cityofpriorlake.com MOTION B Y ERICKSON , S ECOND BY KEENEY T O APPROVE THE CONSENT AGENDA AS PRESENTED . VOTE: Ayes by Myser, Erickson, Hedberg and Keeney. The moti on carried. PRESENTATION Receive $150,000 Gift from SMSC Mayor Myser stated that Chairman Vig of the SMSC Business Council informed him that they would award a gift of $150,000 to the City to be used for a capital project that would benefit the broader community. Introduced Bill Rudnicki, Tribal Administrator. Rudnicki stated he was here on behalf of the SMSC Business Council. SMSC w ill be donating to Prior Lake as well as four other cities and the County. Commented that it is through the wor k ing re lationships and collaborative meetings that SMSC ’s leadership has been able to see the needs of other cities and the County. Stated that Chairman Vig commented he hoped the City will use the donation for the benefit of re s idents , but added that there are no strings attached to the donation and the City may use it as it wishes . Comments: Hedberg : Thanked the SMSC Business Council. Stated he has enjoyed the collaborative and close relatio n- ship with the SMSC. They have been good and generous partners. Keeney : Thanked the SMSC from the City and its residents. Noted that many SMSC members are residents of City ; and that the SMSC is the largest business in City. Understands that the spirit of the gift is for it to go into a piece of capital improvement that will be lasting and memorialize the donation for years. Eri ckson : Concurred with previous remarks. Believes capital improvements can be made. Noted that SMSC has made other contributions to the City such as lighting at Ponds and defibrillators. Ru dnicki : Affirmed that the defibrillator projects began 7 - 8 years ago and more than 600 defibrillators have been given away. SMSC has w orked with the State Patrol and the American Heart Association and outfitted eve ry State P a trol vehicle with a defibrill ator. Myser : Commented he has had the opportunity to work with both Chairm a n Crooks and Chairman Vig and b e- lieves the collaborative efforts are unique in our area. Thanked the SMSC for this contribution. Lifesaving Award s Presentation Police Chief O’ Rourke related the experience of Baldomero Valenzo Alguizar’s car accident and the subs e- quent lifesaving techniques used by Kent Peterson and Prior Lake Police Officer White and Savage Police Officer Luskey . Mayor Myser presented l ifesaving awards to Pete rson, White and Luskey. PUBLIC HEARING No public hearing was scheduled. OLD BUSINESS Consider Approval of a Resolution Accepting the Feasibility Report and Scheduling a Public Hearing to Consider the Sunset Avenue Improvement Project City Engineer / Inspections Director Poppler reviewed the history of the project. Stated that a nnexation of the project area occurred earlier this year in order to alleviate failing septic systems and provide sewer and w a- ter services. Displayed the project area. Desc ribed the existing conditions and the work proposed to be done including street reconstruction , curb and gutter, street lighting, etc. Discussed how this project will fit into County roadway networks. Described funding sources. Displayed the p arcels th at would be assessed as well as the creation of additional lots. The assessment calculation for sewer, water and street for developed parcels is e s- timated to be $18,800 per unit. The formula for calculating the assessment was explained. Stated that r es i- dents will be able to keep existing wells for outside watering if they are compliant. Septic system credit can be applied for systems that meet qualifications. An informational meeting will be scheduled in October for residents to receive details and pro vide input; and a p ublic hearing will be scheduled for the first meeting of Novem ber. 2 10 08 2012 City Council Minutes Comments: Hedberg : Commented that Sunset Avenue has a wide range of homes with several new er homes that are year - around homes; and many that appear to be seasonal sum mer cabins. Asked if assessment appraisals have been done. Poppler : Replied that they have been done and project around $40,000 in benefit to the prope r ties. Hedberg : Stated this is an i mportant project for lake quality issues to remove sewer systems ar ound the lake as well as being important for future marketability of the parcels . Believes the assessment will be a significant bu r- den for the property owners. Keeney : Echoed Hedberg’s comments. Commented that the Clean Water Grant is being applied to removing septic systems from the lakeshore and that will help the property owners. Asked if the newly created parcels on the west of Sunset Avenue will have the assessment d e ferred. Poppler : Replied they will be assessed, adding that if there wer e no stru ctures on the parcel , it could be d e- ferred. Keeney : Agreed this is a high cost of assessment, but if the market value will be increased and it will make the properties marketable, it is the right thing to do. Erickson : Asked about the runoff from the agr icultural area to the west. Poppler : Stated that will be discussed with the CR 12 project. Erickson : This will improve the condition of Spring Lake by removing the failing septic tanks. Remarked about the high assessments and noted that if it is a hards hip for the property owners, there may be options for defe r- ring the assessment. Myser : Asked about the septic credit. Poppler : Replied that it was written into the orderly annexation agreement and generally states that if the se p tic system is eligible for a credit as set out in the agreement, an amount can be taken off the asses s ment. Myser: Asked how the balance of the assessment is paid if the credit is applied . Poppler: Either through the Sewer Fund or the tax levy. Myser : Asked if the cost of the project would be lower if it were being done at the same time as CR 12. Poppler : Replied the c osts of the projects remain the same whether combined or not. Perhaps there can be a savings if the same contractor is awarded the bid for both. Myser : Ask ed how the costs are apportioned to the different funds Poppler : Replied that the Clean Water Grant provides ha lf the cost for the sanitary sewer component. A s- sessments comprise 100% of the remaining sanitary sewer system; 100% of the water system, 40% o f the street cost for parcels east of Sunset Ave and 100% for the nine remaining lots. Tax levy makes up the remainder of the street costs . The Sewer Fund ($10,000) and the Trunk Fund ($400,000) and Clean Water Grant ($90,000) cover the lift station cost s. The Council could choose to reapportion funds between the Sewer Fund and Trunk Fund. Myser : Asked what the impact would be of m aking that reapportionment . Poppler: It would affect the Trunk Fund reserve. Hedberg : Asked about the access fo r the two larger parcels on the west side of Sunset Avenue. Poppler : Replied they access from CR 17. Hedberg : Sought clarification about whether th e two parcels would be assessed immediately or have asses s- ment deferred until the new lots are developed. K eeney : Commented that the current ownership of a parcel is one entity so the entire parcel would have to be classified as either developed or undeve l oped. Rosow : Stated that if the parcel is part of the improvement area, it can be assessed if there is benefit to the parcel as a result of the improvement. A complicating factor is that each of the two parcels has a home on the parcel. The Assess ment P olicy would have allowed assessing a portion of the assessment to the entire parcel and deferring the re st of it until there is future development , but that is not allowed by State Statute . State Sta t- ute gives authority to make the entire assess ment or if there is a basis to defer assessment, then it can be d e- 3 10 08 2012 City Council Minutes ferred. With one home on one parcel, there is n ot an ability to defer by virtue of it being an undeveloped parcel because it is d e veloped. Hedberg : T he home s are not benefitting from this work. Keeney : B ut the parcel is benefitted. Hedberg : Asked why we would not defer, because the benefit only a ccrues when it is platted Rosow : That goes to the benefit of the parcel. T he test is not whether the structure is benefitted, but if the parcel is benefitted. If the parcel is benefitted by the virtue of bringing sewer and water to the parcel which wou ld enable development in the foreseeable future, then there is a legal benefit to the parcel. The City does not have the ability to defer on th ese parcels as situated. If parcel was subdivided so the home is divided off from the r e mainder of the parcel , then the parcel with the home could be assessed currently and the parcel that was divided off could be d e ferred because it would be unimproved. Hedberg : If these two property owners were to separate their homes from the remainder of the parcel, there woul d be no assessment on their homes because they front on CR 17. Rosow : The Council would have to make the determination that there is no benefit. Hedberg : Stated that staff should make a special effort to communicate with these property owners at the neig hborhood meetings as they will be forced into full assessment unless they subdivide their lots. Keeney : They would have to do it before the assessment role is certified. Poppler : Stated the assessment hearing would be in March 2013 . Keeney: Commented th at the lift station is oversized to serve more than this project area so it is being funded out of the Trunk Funds . The Clean Water Grant applied to the portion of the lift station is that which is appl i cable to the homes on the shoreline. Therefore, the re is can be a little discretion on the decision about how the funds are split between the Sewer Fund and Water Fund. MOTION BY HEDBERG, SECOND BY KEENEY TO APPROVE RESOLUTION 12 - 167 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR T HE SUNSET AVENUE IMPROV E- MENT PRO JECT, CITY PROJECT # 13 - 011, INCLUDING AN A DDITIONAL RECITAL DI RECTING STAFF TO CONTACT THE TWO PARC EL OWNERS ON THE WES T SIDE OF SUNSET AVENUE TO DESCRIBE THE PROCESS AND METHOD F OR SUBDIVIDING PROPE RTY SHOULD THEY CHOOSE TO DO SO. VOTE: Ayes by Myser, Erickson, Hedberg and Keeney. The motion carried. Consider Approval of a Resolution Accepting the Feasibility Report and Scheduling a Public Hearing to Consider the County Road 12 Improvement Project City Engineer / Inspect ions Director Poppler described the existing conditions for the project area . Described the proposed improvements of wider roadways, frontage road for parcels along CR 12 that are along the lake, curb and gutter, storm sewer, trail along CR 12 on the east , large diameter watermain to serve future annexation area, street lighting , etc . Displayed plans for the roadways. Displayed right - of - way that is purchased on the north side of the project. Stated that a w etland enhancement project is planned for the e xisting wetland that is receiving runoff from a neighboring agricultural property. Discussed estimated project costs and funding sources. Displayed properties to be assessed. Some properties will use the unit method of a s sessment of per unit and others will use the front footage method of assessment. Assessment is anticipated to be approx i mately $32,476 per property. Information meetings are planned for October and the public hearing will be scheduled for November. Comments: Keeney: Asked if there are any issues associated with the right - of - way space for the trail system, or any co n- troversy over the sidewalk . Poppler : Replied that the County is acquiring land to the north to accommodate the sidewalk. Stated the f ron t- age roadway will be located wh ere the existing roadway is so space is not an issue . 4 10 08 2012 City Council Minutes Erickson : Commented that this project has a higher assessment cost even though the County is paying part of pro ject. Poppler : Replied that is attributable to the density as there are f ewer units to s plit up the assessment. Noted that the s treet assessment is smaller, but the sewer and water assessment is much larger. Displayed the lots and which will be assessed. Services will not be provided for the large parcels other than two that have dwel l- ings . Future development will have sewer and water assessed to the large parcels. Erickson : Commented that the driveways on the 2011 CR 12 project are breaking down. Stated his unde r- standing that there is discussion between contractor and supplier ab out the source of the problem . Hedberg : Stated that during the Assessment Review Committee meeting, the Committee asked staff to eval u- ate combining the projects for assessment purposes. That was determined not to be p ractical because of the clean water grants which were applied for under separate projects. Believes this is an i mportant project to help clean up Spring Lake. Myser : Asked what the benefits are to this project. Poppler : Replied that a ppraisals were conducted and benefits to these properties a re in the $40,000 range. Keeney : Commented regarding completion of property owner driveways following a project and suggested that the City may not want to be in volved in that, but rather it should be an agreement between the property owner and the contra ctor. Hedberg : Concurred that p roblems with driveways have to do with reconstructing the driveway stubs which are part of the projects. Recommended changes to the program so that the contractor will work directly with the property ow n er for the portion o f the driveway that is privately owned. Erickson : Spoke of issues with his driveway. Believes the program is not the pro blem , but rather the ti m ing of the work and defective product. Myser : S upported that the City should not be in the process of cont racting the driveways for the homeowner. Boyles : S tated he would like to view some of the driveways in question before an in - depth discussion of the program is undertaken. MOTION BY KEENEY, SECOND BY HEDBERG TO APPROVE RESOLUTION 12 - 168 ACCEPTING THE FEA SIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR THE COUNTY ROAD 12 IMPROV E- MENT PROJECT, CITY PROJECT #12 - 002. VOTE: Ayes by Myser, Erickson, Hedberg and Keeney. The motion carried. NEW BUSINESS Consider Approval of a Resolution Accepting a Donatio n of $150,000 from the SMSC and Depositing Same in the Capital Park Fund City Manager Boyles reviewed the donation noting that the letter received from the SMSC indicates the gift should be used on projects for the benefit of city residents. Stated that an e xact project for the funds has not been determined , but the expenditures will be tracked and reported back to the SMSC on how the funds were used. Members of the Council expressed a consensus to support the resolution. MOTION BY HEDBERG, SECOND BY KE ENEY TO APPROVE RESOLUTION 12 - 169 RECOGNIZING, A C- CEPTING AND DEPOSITING A $150,000 INTERGOVERNMENTAL GRANT FROM THE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY (SMSC). VOTE: Ayes by Myser, Erickson, Hedberg and Keeney. The motion carried. OTHER BUSINESS Commu nity Events Hedberg: Stated this is Fire Prevention Week. Fire education p rograms will be offered at schools and an open house will be held at Fire Station No. 2 from 5 – 7:30 p.m. Thursday, October 11. Erickson : Commented on the life saving awards. 5 10 08 2012 City Council Minutes Keeney : Reminded viewers that the Spring Lake Regional Park grand opening is scheduled for Saturday, O c- to ber 13, beginning at 9 a.m. Myser: Added that the r ibbon cutting ceremony was at 9 a.m. and the grand opening activities will continue until 12:30 p .m. Listed some of the activities scheduled for the day. Stated the c andidate forum sponsored by the Chamber of Commerce will be conducted in the Council Chambers beginning at 6 p.m. on Tuesday, October 9. EXECUTIVE SESSION Labor Negotiations Mayor Myser called for a recess at 8:37 p.m. in order for the Council to meet in executive session regarding l a- bor negotiations with LELS. The meeting was reconvened at 8:58 p.m. ADJOURNMENT With no further comments from Council members, a motion to adjourn w as made by Hedberg a nd seconded by Keeney. With all in favor, the meeting adjourned at 8:59 p.m. __________________________________ ________________________________ Frank Boyles, City Manager Charlotte Green, Admin. Assistant 6 10 08 2012 City Council Minutes