Loading...
HomeMy WebLinkAboutAgenda & Minutes CIty CounCil Worlcshop (Ryan EA W) 5:30 - 7:00 p.m. 7:00 PM FORUM - (Concept Development for Centex) REGULAR COUNCIL MEETING AGENDA Date: DlCBIIBIR 18, 2000 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:.......................... 7:30 p.m. 2. APPROVAL OF AGENDA: 3. CONSIDER APPROVAl-OF DECEMBER 4, 2000 MEETlNGMINUlES: 4. CONSENT AGENDA: Those Items on the Council Agend8 which 818 considered routine and n0n- controversial 818 Included 8S part of the Consent Agenda. Un/NS the 1.Iayor, II CouncIImember. or member of . the public specifically l8quests that an Item on the Consent Agenda be r8riIOvecI and consId8I'8d sepa18te1y. Items on the Consent Agenda al8 considered under one motion, second and a roll call vote. Any Item removed from the "Consent Agenda- shan be placed on the CIty Council Agenda as 8 separate category. A) ConsiderApproval of Invoices to be Paid. B) Consider Approval of Treasurer's Report C) Consider Approval of Building Permit Report. D) Consider Approval. of a Resolution Approving an Easement for Dale Braddy. E) Consider Approval of 2001 Cigarette License Renewals. . F) Consider Approval of Massage Therapy Licenses: a) New Licenses (1 ) Jeffrey Scheffler (2) Nancy Thompson b) Renewals 5. ITEMS REMOVED FROM CONSENT AGENDA: 6. PRESENTATIONS: . A) Presentation: Recogmtion of 27 Years of Service to Lee Rabenort. 7. PUBUC HEARINGS: NONE. 8. OLD BUSINESS: 121100 .. .r..... "---' ..... A) Consider Approval of a 'Resolution Adopting the 2001 Prior Lake Budgets and Certifying Final 2001 City of Prior Lake Property Tax Levy to Scott County Department of Taxation.. 9. NEW BUSINESS: A) 'Consider Approval of a Resolution Approving Final Planned Unit Development Plan and PUD Development Contract and Approval of a Resolution Approving the Final Plat and Development Contract for Creekside Estates. B) Consider Approval of a Resolution Accepting Feasibility Report and Scheduling a Public Hearing to Consider 2001 Improvement Projects. C) Consider Approval of Appointments to Fill Vacancies on the Lake Advisory Committee. D) Consider Approval of a Resolution Electing the Non-Waiver of Statutory Municipal Tort . Liability Limits and Declining Excess Liability Insurance Coverage. E) Consider Approval of a Resolution Reallocating Expenditures. F) Consider Approval of a Resolution Approving the Acquisition of Properly. 10. OTHER BUSINESS: 11. ANNOUNCEMENTs/CORRESPONDENCE 12. ADJOURNMENT 121100 -.'-', REGULAR COUNCIL MEETING MINUTES December 4, 2000 CAI I TO ORnFR ANn PI Fn~F OF AI I FGIANCF: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Petersen, Gundlach, Ericson and Zieska, City Manager Boyles, City Attorney Pace, Planning Director Rye, Public Works Director Osmundson, City Engineer McDermott, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVAl OF A~ENPA: ~RICSON: Requested adding an item as 9C (Developer's Agreements Relating to Sign Ordinance Enforcement). MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, the motion carried. APPROVAl OF MINlITFS FROM NOVFMRFR G, 2000 RF~11l AR MFFTING ROVLES: On page 9 the last time Mader speaks, the final sentence should read "Believes such an amendment would benefit the taxpayers. Also amend the motion following to read ".... and directing that a final position regarding the priority of the legislative policies be tabulated and circulated to Councilmembers for comments prior to the meeting." MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE NOVEMBER 6, 2000 REGULAR MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, the motion carried. CONSFNT AGFNnA: (A) Consider Approval of Invoices to be Paid for 11/14/00 and 11/28/00. (B) Consider Approval of Treasurer's Report. (C) Consider Approval of Building Permit Report. (D) Consider Approval of Animal Warden Monthly Reports for September and October. (E) Consider Approval of Temporary Consumption and Display Permit for the Church of St. Michael. (F) Consider Approval of Temporary 3.2 Liquor License for the Church of St. Michael. (G) Consider Approval of Revisions to Park Advisory and Lake Advisory Committee Bylaws. ROVLES: Briefly reviewed each of the consent agenda items. MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, the motion carried. 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,..- City Council Meeting Minutes DRAFT December 4, 2000 ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. PRESENTATIONS: Storm Water Fee Study Results (Bob Barth). BOB BARTH (Bonestroo and Associates): Provided a brief overview of the study, discussing the goals and methods of the study, definition of the study area, hydrologic analysis, and other factors in determining storm water trunk fee area charge. BOYLES: Asked how the changes to the Comprehensive Plan will impact this study with respect to updating. BARTH: To the extent that the Comprehensive Plan also involves storm water planning, it would be important to update this study in conjunction with that planning. A change in land use does affect the size of the pipes and ponds increases, but so might the area charges, so it is difficult to predict if there are large-scale changes in land use. MADER: Commented that it seems that the recommendation is that the storm water area fee would be calculated in conjunction with the use. Asked if the cost figure included the regional ponds, and if the study included any analysis with respect to impacts on the lake. BARTH: Confirmed that the figure does include regional ponds. There is some analysis with respect to impacts on the lake's outlet, but not on the lake as a whole. GUNDLACH: Asked if the report would include guidelines or projections for the area charge adjustment for the future. BARTH: Discussed the index used to adjust storm water area charge and advised that an adjustment can be accomplished by Council resolution annually, if necessary. PUBLIC HEARINGS: Truth-in- Taxation Hearing for Proposed 2001 City Budgets. Mayor Mader opened the public hearing. BOYLES: Provided the overview of the process for the Truth-in-Taxation hearing and the proposed budget for 2001. MADER: Thanked both the Council and staff for their efforts in accomplishing the directive by Council. Discussed the truth-in-taxation statement, including the authority of taxing districts, where taxes come from, the City's objective to address spending as well as revenue increases in the budget, and adjustments beyond inflation. Clarified that the reference to deletions to personnel is a comparison to what was budgeted for 1999 where positions were not filled for various reasons. KEVIN BERGSTROM (16030 Eagle Creek Ave. S.E.): Commended the Mayor and City Council on their efforts to reduce the tax levy. Asked about the budget expenses for legal fees with respect to the 2 City Council Meeting Minutes DRAFT December 4, 2000 Vierling farm. Believes the Developer should be responsible for legal fees because he caused the damage. Asked if there is any relief for the Vierlings? MADER: Advised that the City has put the Developer on notice that under the Development Agreement, the Developer has indemnified the City for any damage. Advised that the issue between the City and the Vierlings is still under litigation and the Council could not publicly comment. BERGSTROM: Stated that if the City had supported the Vierlings in the first place, instead of the Developer, there wouldn't be this problem. Further stated his concerns for the mismanagement of operating debt and the cost to the taxpayer, and suggested applying the surpluses from the last few years to the debt. MADER: Advised that the City has significant debt, as well as significant funds in the bank that equal that debt. Since the interest rate on the bonds that create the debt, and the interest rate the City collects from the bank on its deposits are about equal, the City is not really gaining or losing. Part of the process is regulated by the statutory requirements as to how the City reports and manages the numbers. Commented that the Council has a high level of confidence in the City staff in managing the debt. Mayor Mader asked if any other members of the public wished to address the Council. There were no further comments from the public. MADER: Read into the record a letter of support for the 2001 budget from Jean Wolf. MOTION BY PETERSEN, SECOND BY ZIESKA TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Mayor Mader advised that the budget levy would be considered at its December 18, 2000 regular meeting. Public Hearing to Consider Amendment of Resolution 96-99, the Enabling Resolution for the Economic Development Authority. MADER: Reviewed the need for the public hearing in connection with the staff report stating his reasons for recommending that the economic development authority be returned to the Council, and that a business advisory committee be established. Mayor Mader opened the hearing for comments from the public. BOYLES: Summarized the proposed resolution. With no further comment from the public, the Mayor asked for a motion To close the public hearing. MOTION BY GUNDLACH, SECOND BY ERICSON TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 3 I City Council Meeting Minutes DRAFT December 4, 2000 GUNDLACH: Clarified that the current members of the committee will continue to act in an advisory capacity to the Council as it assumes the power of economic development. MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-119 AMENDING RESOLUTION 96-99, THE ENABLING RESOLUTION FOR THE ECONOMIC DEVELOPMENT AUTHORITY. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. OLD BUSINESS Consider Approval of a Resolution Approving an Amendment to the 2020 Comprehensive Plan Designation for 33.54:t Acres of Land Located in Section 24, Township 115, Range 22 from Low- to-Medium Density Residential to Commercial-Business Office Park. RYE: Briefly reviewed the agenda item in connection with the staff report. GUNDLACH: Commented that he is in favor of the action and complimented staff and Councilmember Ericson on the idea. ZIESKA: Agreed that the change makes sense. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-120 APPROVtNG AN AMENDMENT TO THE 2020 COMPREHENSIVE PLAN DESIGNATION FOR 33.54:t ACRES OF LAND LOCATED IN SECTION 24, TOWNSHIP 115, RANGE 22 FROM LOW-TO- MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL BUSINESS OFFICE PARK. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council took a brief recess. Consider Approval of a Resolution Approving the Purchase of a 2001 Ford Expedition Under the State of Minnesota Cooperative Purchasing Program. O'ROURKE: Briefly reviewed the item in connection with the staff report. MADER: Reviewed the funding for purchase of the vehicle. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-121 APPROVING THE PURCHASE OF A 2001 FORD EXPEDITION UNDER THE STATE OF MINNESOTA COOPERATIVE PURCHASING PROGRAM IN AN AMOUNT NOT TO EXCEED $26,688. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 4 City Council Meeting Minutes DRAFT December 4, 2000 Consider Approval of a Resolution Declaring Mediacom LLC in Default of the Franchise Agreement dated October 15, 1999 and Section 306 of the Prior Lake City Code. BOYLES: Discussed the item in connection with the staff report, including a review the problems with customer service and the process to address those issues to date. Noted the actions the Council could consider in order to initiate the next step in the process. TOM BORDWEll (Director of Government Relations, Mediacom): Commented on Mediacom's actions since the town meeting, including smaller management districts, hiring of additional local technical staff, answering calls within 30 seconds in part of October and all of November, as well as a reduction of trouble calls. Also noted that in early 2001 as internet and two-way activation is implemented, there should be even fewer service calls and improved signal quality. Advised that 91% of Mediacom customers were contacted by either direct mail or telemarketing as part of the customer service initiative. MADER: Asked about the level of assurance that the City can have during future system modifications, and the percent reduction in the number of trouble calls. BORDWEll: Advised that the only service interruptions would be only those items found under normal maintenance. Believed there would be a 60-70% reduction from the previous upgrade. ZIESKA: Asked staff if the volume of complaint calls answered by City Hall continues and commented that the bottom line is that this is not a quick fix and as long as Medlacom makes a good faith effort to improve, he believed no further formal action was necessary at this point. ERICSON: Asked if the 300 complaints raised had been resolved and if there would be notification to customers for the future system upgrades. BORDWEll: Advised that the 300 complaints had all been addressed. Discussed several options to contact the customer base including direct mailing, newspaper advertising, the public access channel and notices on the billing statement. BOYLES: Asked about the process for implementing two-way capability and digital service. BORDWEll: Advised that the two new services are high-speed Internet access and digital TV. Explained briefly that both those require activation of two-way system signals but are not dependent on each other. The improvement is accomplished at the head end as well as the nodes and through the amplifiers. PETERSEN: Asked if the splitter and amplifiers installed now are capable of two-way activiation. BORDWEll: Confirmed that no further equipment would be necessary, just reconfiguration at the head end. GUNDLACH: Asked what steps were taken to address the customer service call times. Also asked for the numbers to be presented to the City Manager showing the number of closed calls. BORDWEll: Advised that superviSOry personnel were reassigned and additional staff added and a quality check program instituted. 5 - . I City Council Meeting Minutes DRAFT December 4, 2000 MADER: Suggested taking no action at this point recognizing that progress is being made and directing that the City Manager and Mediacom provide a performance report for the last meeting in January and quarterly thereafter. MOTION BY MADER, SECOND BY ERICSON TO TAKE NO ACTION AT THIS TIME AND DIRECTING THAT MEDIACOM PROVIDE A PERFORMANCE REPORT AT THE JANUARY 22,2001 REGULAR MEETING AND QUARTERLY THEREAFTER. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Administrative Policy Regarding Waiver of Fees. MADER: Reviewed the history of the action and the proposed policy in connection with the staff report. BOYLES: Noted the exception for economic development or redevelopment projects. ERICSON: Asked about how the policy is included in the annual fee schedule. BOYLES: Explained that certain exceptions are considered by the Council at its annual adoption of the fee schedule. For example, if the Lions wish to use a facility at Sand Point Park, there are no fees imposed because the group contributed a significant dollar amount to construct the park. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE ADMINISTRATIVE POLICY REGARDING WAIVER OF FEES AS SUBMITTED BY THE CITY MANAGER. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Accepting Bids and Awarding Contract for the Construction of Well No. 6 (City Project 02-00). BOYLES: Reviewed the item in connection with the staff report. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-122 AWARDING THE CONTRACT FOR THE CONSTRUCTION OF WELL NO. 6 TO KEYS WELL DRILLING COMPANY IN AN AMOUNT NOT TO EXCEED $279,970. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Authorizing Full and Final Payment to Electrical Installation and Maintenance Company of Maple Grove for the Emergency Vehicle Preemption (EVP) Systems. MADER: Summarized the action under consideration in connection with the staff report. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-123 AUTHORIZING FULL AND FINAL PAYMENT TO ELECTRICAL INSTALLATION AND MAINTENANCE COMPANY OF MAPLE GROVE FOR THE EMERGENCY VEHICLE PREEMPTION (EVP) SYSTEMS. 6 City Council Meeting Minutes DRAFT December 4, 2000 VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. NEW BUSINESS: Consider Approval of a Resolution Requesting a Variance from Municipal State Aid Standards for the Ring Road (City Project 01-01). BOYLES: Reviewed the item in connection with the staff report regarding the middle segment of the ring road layout No.2, and how to layout the road while minimizing the amount of developable land that will be consumed by the roadway. ERICSON: Asked about the removal of accesses to TH13, and suggested eliminating layout no. 3 from future staff materials since the direction that it seems the Council has taken is toward developing layout no. 2. OSMUNDSON: Explained that this action deals only with the two curves, rather than the entire ring road. And the elimination of accesses will need to be evaluated once the ring road is in place and working. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-124 REQUESTING A VARIANCE FROM MUNICIPAL STATE AID STANDARDS FOR THE RING ROAD (CITY PROJECT 01-01). MADER: Asked if MnDOT rejects our request, would we need to re-evaluate, and how confident is the Public Works Director that the request will be approved. OSMUNDSON: Advised that the request is not uncommon and that he is reasonably confident. If the request were not granted, staff would need to reconsider the layout. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Volunteer Firefighter's Request for Improved Pension Benefits. BOYLES: Reviewed the agenda item in connection with the staff report, noting that Councilmember Zieska would be abstaining from any vote due to his affiliation with the Fire Department. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE VOLUNTEER FIREFIGHTER'S REQUEST FOR IMPROVED PENSION BENEFITS AS PROPOSED. VOTE: Ayes by Mader, Gundlach, Petersen, and Ericson, the motion carried. Councilmember Zieska abstained. Discussion Regarding Including Sign Ordinance Enforcement Within the Developer's Agreement. ERICSON: Commented that a vast majority of the signs that are within the public right-of-way are from new developments and suggested that a specific provisions be included in the development contract. 7 .~~ City Council Meeting Minutes DRAFT December 4,2000 PACE: Believed the enforcement of the sign ordinance is generally included, but could be more specifically defined.. No formal action, but staff and City Attorney to review. OTHER BUSINESS I COUNCILMEMBER REPORTS: GUNDLACH: Commented on the Letter to the Editor in this week's Prior Lake American regarding the Eagle Creek Villas senior care development, noting that the Council did require that 8 of the 12 acres were ultimately dedicated for nature center preservation. BOYLES: Noted that the senior care development project was also cut from 167 units to 102, and that this particular project was a great example of the neighbors, the developer and the Council coming to a solution. MADER: Discussed the Met Council Livable Communities Act and the use of tax dollars to reward or not the compliance with the Affordable Housing Program. Asked if the Council should participate in the upcoming hearing. The Council consensus was that such action is punitive And the Council should represent its opinion at the upcoming hearing. PACE: Commented that from the Council's perspective this is very much a matter of principal. The City is in compliance with the affordable housing guidelines. MADER: Commented that he will coordinate with the City Manager to represent the City's viewpoint. ZIESKA: Commented that it also sets a dangerous precedent. At this point the issue is compliance with affordable housing, but what will it be next. BOYLES: Noted the Council's upcoming work sessions on the 18th and the 20th. The Council adjourned to Executive Session to discuss pending litigation and the City Manager's performance evaluation. Executive Session to Conduct City Manager Evaluation. Upon returning from Executive Session, the Mayor advised that the Council had discussed the City Manager's 4th Quarter performance review, and some pending litigation. None of the actions required formal action at this time. The City Manager evaluation subcommittee of Councilmember Ericson and Mayor Mader will provide a formal recommendation for future consideration. 8 City Council Meeting Minutes DRAFT December 4, 2000 Frank Boyles, City Manager A motion to adjourn was made and seconded. The meeting adjourned at 9