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HomeMy WebLinkAbout0419 RegularREGULAR COUNCIL MEETING MINUTES Date: April 19, 1999 (7:30pm) CALL TO ORDER and PLEDGE OF ALLEGIANCE: Present were: Mayor Mader, Councilmembers Kedrowski, Petersen and Schenck, City Manager Boyles, City Attorney Pace, Assistant City Manager Woodson, Planning Director Rye, Planning Coordinator Kansier, City Engineer Ilkka, Finance Director Teschner, Assistant City Engineer McDermott, Parks Director Hokeness, Recording Secretary Meyer. Councilmember Wuellner was absent. APPROVAL OFAGENDA: MADER: Requested an Executive Session involving a litigation update on the Nelson Special Assessment Appeal, Burdick litigation, Boderman issue and Carolyn Abbott claim. Also added as Item 9G (O'Malley's on Main Liquor Violation Hearing), and as Item 9H (Billing of assessments for 1998 projects on Pleasant Avenue). MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE THE AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. AGENDA AS CONSIDER APPROVAL OF APRIL 5, 1999 MEETING MINUTES: MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE THE MINUTES OF THE APRIL 5, 1999 MEETING. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. CONSENT AGENDA: Consider Approval of Invoices to be Paid. Consider Approval of Treasurer's Report. Consider Approval of Building Permit Report. Consider Approval of Animal Warden Monthly Report Consider Approval of Fire Call Report for March and for January through March. Consider Approval of Preliminary 1999 First Quarter Investment Report. Consider Approval of 1999 First Quarter Budget Report and Overview. Consider Approval of a Temporary 3.2 Non-Intoxicating Malt Liquor License for Prior Lake Jays/Mudcats Baseball Season. Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Church of St. Michael AprilFest. Consider Approval of Waiver of Outdoor Concert Permit Fees and Clean Up Deposit for Church of St. Michael AprilFest. Consider Approval of Request to Declare Equipment Surplus to City Needs and Authorize Disposal of Same. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Minutes April 19, 1999 Mayor MADER removed items A (Approval of Invoices to be Paid) and K (Consider Approval of Request to Declare Equipment Surplus to City Needs and Authorize Disposal of Same) from the Consent Agenda. City Manager BOYLES reviewed the remaining Consent Agenda items. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE CONSENT AGENDA ITEMS B-J. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: Item K - Consider Approval of Request to Declare Equipment Surplus to City Needs and Authorize Disposal of Same. MADER: Asked the City Manager to review the items to be disposed since citizens viewing may be interested in the vehicles. BOYLE$: Advised that the surplus vehicles that the City will be offering for sale are the result of DUI confiscation and include (1) unlicensed 1985 Chevy Blazer; (2) 1990 Accura Integra; and (3) unlicensed 1985 Honda Shadow motorcycle that has been in storage for three years. The City will be advertising for bids and the vehicles are available for viewing. MOTION BY MADER, SECOND BY PETERSEN, TO APPROVE REQUEST TO DECLARE EQUIPMENT SURPLUS TO CITY NEEDS AND AUTHORIZE DISPOSAL OF SAME. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Item A - Approval of Invoices to be Paid MADER: Questioned the appropriation of funds for payment of the Kop farm property, and a payment to Scott County Abstract in the amount of $300,000. BOYLES and TESCHNER: Clarified that the construction fund dollars had been transferred into the dedicated fund where the Referendum dollars are. When the grant is received, those dollars also then will be deposited into that fund and pooled and saved for the Kop farm purchase. TESCHNER: Further clarified that the $300,000 payable to Scott County Abstract is for the Busse property closing. The City has set up a two-tiered closing: (1) promissory note for the first part in the amount of $300,000; and (2) a payment by May 15, 1999 in the amount of $325,000. Scott County Abstract is acting as the closing agent and will disburse all funds. MOTION MADER, SECOND PETERSEN TO APPROVE INVOICES TO BE PAID. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. PRESENTATIONS: NONE PUBLIC HEARINGS: NONE. 041999.DOC 2 Council Meeting Minutes April 19. 1999 OLD BUSINESS: Consider Approval of Resolution gg.xx Approving the Developer's Contract with Hillcrest Homes for Red Oaks Lots 40, 41 and 42 (City Project No. 98-39). BOYLES: Reviewed the history and current status of the item in connection with the staff report. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX APPROVING THE DEVELOPER'S CONTRACT WITH HILLCREST HOMES FOR RED OAKS LOTS 40, 41 AND 42 (CITY PROJECT NO. 98-39) AND APPROVING FUNDING FOR CITY PROJECT 98-12. MADER: Asked if Developer's Agreement contains a provision which allows it to become effective upon approval of the road by the DNR and if there is any City liability for acting upon the Agreement prior to DNR action without such a provision. PACE: Clarified that the Developer's Agreement does not contain that provision, and that she believed there to be little or no City liability as a result because building permits would not be issued until all DNR approvals were received. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Consider Approval of Resolution 99-X~ Approving Final Plat and Development Contract for Northwood Oaks Estates First Addition and Resolution 99-X~ Approving the Staging Plan for the Northwood Oaks Estates Development. BOYLES: Reviewed the agenda item and Resolutions sought. Also advised the Council on the separate requests from residents that the City add a park in this area.. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR NORTHWOOD OAKS ESTATES FIRST ADDITION. SCHENCK: Discussed his opposition because of the lack of a park, and the number of access points to Northwood Road. KEDROWSKI: Suggested directing staff to come back to the Council with a recommendation as to parks for this area without withholding approval of this development. MADER: Asked the City Attorney to clarify why the City cannot hold up this approval due to parks. PACE: Provided that final plats that substantially comply with all the conditions of the preliminary plat should be approved subject to the conditions identified at the time of preliminary plat approval. In this case, the Developer provided a cash payment in lieu of park land dedication as provided by the statute. VOTE: Ayes by Mader, Kedrowski and Petersen, Nay by Schenck, the motion carried. 041999.DOC 3 Council Meeting Minutes April 19. 1999 MOTION BY KEDROWSKI, SECOND BY PETERSEN, TO APPROVE RESOLUTION 99-XX APPROVING THE STAGING PLAN FOR THE NORTHWOOD OAKS ESTATES DEVELOPMENT. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO DIRECT STAFF TO PROVIDE A RECOMMENDATION AS TO HOW TO ADDRESS THE ISSUE OF PARKS IN THE NORTHWOOD AREA. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Consider Approval of Resolution 99-XX Nullifying the Bluff Indemnification Agreements for Specific Properties. MADER: Provided the background and the intent of this agenda item in connection with the staff report. The new zoning ordinance has eliminated this requirement. The proposed Resolution would allow those property owners previously required to provide indemnification agreements to remove those agreements from their title. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR SPECIFIC PROPERTIES OUTLINED WITHIN. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. NEW BUSINESS: Consider Approval of Three Bond Redemption Resolutions: (1) Resolution 99-XX Calling for the Redemption of the Outstanding General Obligation Park Bonds of 1973; (2) Resolution 99-X3( Calling for the Redemption of the Outstanding General Obligation Refunding Park Bonds of 1977; and (3) Resolution 99-XX Calling for the Redemption of the Outstanding General Obligation Improvement Bonds of 1988. BOYLES: Introduced Steve Mattson of Juran & Moody and the rationale for taking the necessary steps in redeeming the bonds in question. MATTSON: Often the City can redeem outstanding bonds (rather than refinance) when the issue is too small to refinance and mathematically it makes sense to pay off the bonds because the interest the money is earning in the savings account is less than what bonds are costing us. Described the specifics of the three bond issues in question, and their impact on the future tax levy, and procedures for redeeming the bonds. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE RESOLUTION 99-XX CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION PARK BONDS OF 1973. KEDROWSKI: Commended staff on recognizing the advantages and savings. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. 041999.DOC 4 Council Meeting Minutes April 19. 1999 MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 99-XX CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION REFUNDING PARK BONDS OF 1977. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 99-XX CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. BOYLES: Commented that the action taken allows the City to reduce the property tax levy by $36,615 for the years 2000-2003, and saves interest in the amount of $7,442.50. Consider Approval of Resolution 99-X)( Authorizing the Preparation of Plans and Specifications for the Purchase of Carpeting and the Installation and Purchase of Wood Flooring and Millwork, and Authorizing the Purchase of Mirrors, Security System, Phones, Signs, Landscaping, Dance Barre, General Furniture and Miscellaneous Items for the Library/Resource Center. BOYLES: Reviewed both agenda items 9B and 9C in connection with the staff report, and advised the Council of the action recommended by staff. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO APPROVE RESOLUTION 99-XX AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PURCHASE OF CARPETING AND THE INSTALLATION AND PURCHASE OF WOOD FLOORING AND MILLWORK, AND AUTHORIZING THE PURCHASE OF MIRRORS, SECURITY SYSTEM, PHONES, SIGNS, LANDSCAPING, DANCE BARRE, GENERAL FURNITURE AND MISCELLANEOUS ITEMS FOR THE LIBRARY/RESOURCE CENTER. SCHENCK: Asked how many more times will we see these miscellaneous items come before the Council. BOYLES: Clarified that only the items that exceed the competitive bidding statutes will come back to the Council (other than in the approval of invoices paid and budget updates). VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Consider Approval of Resolution 99-XX Approving the Lakefront Park Budget and Authorizing Expenditures for the Project. BOYLES: Advised that this item is similar to the previous one in its rationale. Gave some examples of the miscellaneous items and services to be purchased by staff in conjunction with the City's purchasing policy in an amount not to exceed $194,200. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE THE LAKEFRONT PARK BUDGET AND AUTHORIZING EXPENDITURES FOR THE PROJECT. 041999.DOC 5 Council Meeting Minutes April 19. 1999 SCHENCK: Asked what professional services other than survey are included in the $75,000 that cannot be done in-house. HOKENESS: Provided that those services include testing / inspections of grass seed, soil borings and additional day-to-day inspections as the project progresses. SCHENCK: Asked for clarification as to the estimates for engineering costs? HOKENESS: The details we have now are architectural. We will also need more specific structural, grading and electrical engineering. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Consider Approval of Resolution 99-29 Approving Plans and Specifications and Authorizing Advertisement for Bids for Street Reconstruction for Candy Cove/Lakeside Manor Additions (City Project 99-11), Centennial Street (City Project 99-12), and Lift Station Renovations (City Project 99-02). BOYLES: Reviewed the agenda item in connection with the staff report and the action recommended by staff. Also advised that this is merely a step in the direction to obtain bids to see if the project is feasible, and does not necessarily mean that the projects will take place. The matter would come back to the Council for approval before the projects are initiated. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 99-XX APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR STREET RECONSTRUCTION FOR CANDY COVE/LAKESIDE MANOR ADDITIONS (CITY PROJECT 99-11), CENTENNIAL STREET (CITY PROJECT 99-12), AND LIFT STATION RENOVATIONS (CITY PROJECT 99-02). KEDROWSKI: Asked if the Centennial Street project would be bid as an alternate? BOYLES: Indicated that bidders will be allowed to bid on all or part of the projects in order to allow the bidders flexibility. SCHENCK: Questioned under what circumstances the City would get the best prices? PACE: Provided clarification as to the bidding process and that the projects would not be awarded until after the special assessment hearings. Advised that in any case the City is obligated to take the lowest bid for each of the projects. MADER: Questioned if the Council could elect to not proceed with one or two or any of the projects bid, in particular the project on Centennial Street. PACE: Confirmed that for the reasons stated the bids would be awarded separately. MADER: Asked staff to address the issue of standard curb and gutter street sections and the relationship it has to controlling storm water drainage into the lake. 041999,DOC 6 Council Meeting Minutes April 19. 1999 ILKKA: Provided that the no curb and gutter design was not considered as part of the proposed 1999 projects because the issue is really a larger policy standard that involves many other issues. He believes the Council will address later this year as part of readdressing the engineering standards as part of the new subdivision ordinance. KEDROWSKI: Clarified that the reason we are not addressing the issue of curb and gutter in this context is because it is really a total change in focus and community standard that is a more long- term goal. ILKKA: Provided clarification on the storm water quality issue, and advised that the City is actually making improvements in the water quality going into Prior Lake. The City is providing storm water quality treatment structures versus a sedimentation basin or pond. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Consider Approval of Resolution 99-)0( Authorizing Expenditure of Contingency Funds for Signage on Various Roadways Identifying Routes to Prior Lake. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 99-XX AUTHORIZING EXPENDITURE OF CONTINGENCY FUNDS FOR SlGNAGE ON VARIOUS ROADWAYS IDENTIFYING ROUTES TO PRIOR LAKE. BOYLES: Reviewed the history of funding this project and its referral to the City Council by the EDA. Advised that one of the objectives through our Strategic Plan is to get the word out about how to find Prior Lake. One of the ways to do this is to provide roadway signs along major highways. KEDROWSKI: Favors the acquisition of roadway signs. It gives the community identity. PETERSEN: Asked for clarification as to what signs we are getting for what money. BOYLE~: Provided clarification as to the number of signs the City would acquire for the $3,600, and that the additional $1,800 requested was a prerequisite from MNDOT by which the City would purchase and install signs on county roads in order for MNDOT to proceed. ILKKA: Provided that it was a MNDOT requirement that if the signs were placed on 35W and 169, they should also be placed on the supplemental roadways. MADER: Not supportive of purchasing signage. Questioned why the funds were not being taken from the Economic Development Authority rather than Contingency given that it is an avenue to provide enhanced economic development. BOYLE~: Stated that given the City's resources, the EDA thought it would be a more appropriate expenditure from the City's general fund budget. KEDROWSKI: Provided that in addition to the economic development implications, the greater issue is community identity. This is a small cost for the benefit. 041999,DOC 7 Council Meeting Minutes April 19. 1999 VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Consider Approval of Resolution 99-31 Ratifying Labor Agreement between the City of Prior Lake and Law Enforcement Labor Services, Inc. (LELS) Representing Patrol Officers and Detectives for 1999. MOTION BY SCHENCK, SECOND BY PETERSEN, TO APPROVE RESOLUTION 99-XX RATIFYING LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCEMENT LABOR SERVICES (LELS) REPRESENTING PATROL OFFICERS AND DETECTIVES FOR 1999. BOYLE~: Advised that in a situation which we anticipated going to arbitration, staff is happy to have come to a mutually acceptable agreement. Reviewed the terms of the labor agreement. MADER: Commended both the Assistant City Manager and the police officers for resolving this issue without the costs of arbitration. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Additional Item: O'Malley's on Main Violation of Liquor Ordinance. BOYLES: Advised that within the Liquor Ordinance, the violator may request a hearing before the City Council as a body or one or the Councilmembers who has been designated as the hearing examiner. The reason for bringing this item to the Council's attention is to discuss the Council's desired procedure. The subject of the hearing is whether to impose the ordinance prescribed three-day suspension, or some lesser penalty. MOTION BY KEDROWSKI, SECOND BY PETERSEN, FOR THE ENTIRE COUNCIL TO ACT AS THE HEARING BOARD AT THE MAY 17, 1999 MEETING ON THE O'MALLEY'S VIOLATION. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. Additional Item: Pleasant Avenue Assessments MADER: Advised that he has received calls from residents concerned that they are paying principal and interest on assessments when the projects have not been started. Suggested making some sort of refund. Another issue is that some homeowners indicated they had not received notification when and how to pay off assessments to avoid interest costs. Asked staff to provide a recommendation as to how to address these types of complaints. MOTION BY MADER, SECOND BY PETERSEN, TO DIRECT STAFF TO BRING A RECOMMENDATION BACK TO COUNCIL WITHIN 30 DAYS AS TO HOW TO ADDRESS THESE COMPLAINTS. PACE: Advised that the statutes are quite clear with respect to the date interest accrues and the notice requirements. It is a different question as to whether the Council has authority to refund any of the assessment. 041999.DOC 8 Council Meeting Minutes April 19. 1999 MADER: Doesn't believe that that would preclude the Council from acting on a recommended equitable remedy. KEOROWSKI: Suggested the appropriate body to address the issue would be the special assessment subcommittee. MADER: Does not have a problem amending the motion to refer it to the special assessment committee. AMENDED MOTION AND SECOND, TO DIRECT THE SPECIAL ASSESSMENT COMMITTEE TO PROVIDE A RECOMMENDATION TO THE CITY COUNCIL WITH RESPECT TO THE ISSUES OF INTEREST REIMBURSEMENT AND NOTIFICATION. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. OTHER BUSINESS: Executive Session to Discuss The Council retired to Executive Session to discuss pending litigation issues including Boderman, Abbott, Burdick and the Nelson Special Assessment appeal. The Council retired to Executive Session at 8:55 p.m. The Regular City Council Meeting resumed at 10:23 pm. Mayor Mader advised that the Council discussed possible action with respect to the Carolyn Abbott claim, the Boderman claim, the Nelson Assessment appeal, and the Burdick litigation. ANNOUNCEMENTSlCORRESPONDENCE,: NONE. A motion to adjourn was made, seconded and accepted. The meeting adjourned at 10:25 pm. City Manager 041999. DOC 9