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HomeMy WebLinkAbout060500 RegularREGULAR COUNCIL MEETING MINUTES June 5, 2000 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Gundlach, Petersen and Ericson, City Manager Boyles, City Attorney Pace, Finance Director Teschner, Planning Director Rye, City Engineer Osmundson, Police Chief O'Rourke, Assistant City Manager Walsh, and Recording Secretary Meyer. Councilmember Schenck was absent. APPROVAL OF AGENDA: B__OYLES: Removed Agenda Item 9C (Consider Approval of Proposal to Replace Police Department Detective Vehicles) due to change in circumstances for the purchase of the motorhome. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. APPROVAL OF MINUTES FROM MAY 15, 2000 REGULAR MEETING. MADER: Asked that the sentence on Page 5, middle of page, be clarified by amending the sentence to read "should not be excluded from having unattached garages". MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE MAY 15, 2000 REGULAR MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Gundlach and Petersen, the motion carried. Councilmember Ericson abstained due to his absence from the May 15, 2000 meeting. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of an On-Sale Wine License and an On-Sale Non-Intoxicating 3.2 Malt Liquor License for Lakers Restaurant. (C) Consider Approval of Resolution 00-42 Approving Premises Permit for Lawful Gambling to Prior Lake Hockey Association. Y_~_Qy_I,~.: Briefly reviewed the Consent Agenda Items (A) through (C). MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE THE CONSENT AGENDA AS PROPOSED. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: NONE. 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 June 5, 2000 PRESENTATIONS: Presentation of Six-Wheel Drive Ali-Terrain Vehicle for Prior Lake Volunteer Fire Department. (Tribal Vice-Chair Glynn Crooks and Tribal Administrator Bill Rudnicki). ~ _C__~: Presented to Fire Chief Sames on behalf of the Shakopee Mdewankanton Sioux Community a six-wheel drive all-terrain vehicle. _.S_~: Accepted the donation on behalf of the City and noted that the equipment will be utilized for fighting grass fires and in getting access for rescue situations to more remote areas of the City and the Community. ~: Thanked the Mdewakanton Sioux Community for their continued generosity. Presentation by County Commissioner Barb Marschall and Dave Unmacht._ [This item was removed from the agenda.] PUBLIC HEARINGS: None. OLD BUSINESS Consider Approval of 1999 Annual Financial Report and Management Letter. ~: Introduced Steve McDonald, the representative of Abdo, Abdo, Eick & Meyers, who completed the annual audit and management letter. M D__c_D_O_H_~ (representative of the audit firm of Abdo, Abdo, Eick & Meyers): Generally reviewed the audit process and his firm's responsibilities in providing an annual audit. Also briefly described, point- by-point, the final audit letter. M__AD_~: Asked if the Governmental Accounting Standards Board's Statement 34 is a federal standard. Also asked whether making the changes brought on by the GASB will include a provision where capital expenditures will show up in an operating budget as a depreciation expense in order to get a realistic picture of what something is costing. Stated that governmental statement are very fragmented and it is difficult to determine what things are costing. If such a provision is not required, is there a procedure the City could implement so there shows a more singular, realistic view of what the City pays for a particular function. ~: Noted that the GASB is a financial reporting body that sets standards for governments nationally. Advised that there is an option to allocation the depreciation to the affected department, or show it as a line item unallocated. Abdo, Abdo, Eick & Meyers will definitely recommend that it would be allocated to the departments that would have depreciation. The goal of the GASB is to get better numbers that can be tied into future planning. _B_O_Y_LE~: Asked for clarification of the language on page 4 of the management report referring to "unfavorable variance in the amount of $278,052", and noted that the language is misleading because City Council Meeting Minutes June 5, 2000 it is made up of a $75,000 accellerated debt amortization approved by the Council in order to save interest dollars and a $100,000 allocation to the Equipment Fund that also deferred the tax levy necessary to sustain that fund. It also set aside $150,000 to the Collector Street Fund for future intersection upgrades. Believes the steps taken are very favorable. ~: Noted that the GASB does recognize that City's often take specific steps to save money that may lead to a "unfavorable" designation and that the language will also come under review. MADER: Stated that in private business, those measures would not show up as an expense in an operating budget, whereas the amortization of an asset would. If this were treated the same, it wouldn't be a problem because you can change the nature of an asset. Noted that the City diverted some of its cash surplus to pay off high interest rate bonds. While the act was favorable, the negative is that the surplus looks like either not a surplus, or an unfavorable variance. Also asked how rigid the 30% standard is when other funds have considerable cash in hand that are reversible in an emergency. M__C_EO_NAI~: Advised that when the funds are available in the permanent type capital project funds that the City has, there are funds available for working capital. Maintaining a fund balance can affect the bond rating. A healthy General Fund balance is most important because that is where the day-to-day operations come from. Maintaining the General Fund around the 30% level is important. MOTION BY MADER, SECOND BY PETERSEN TO ACCEPT THE 1999 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of Storm Water Alternatives for Proposed Conditional Use Permit for a Multi- Family Dwelling for Affordable Housing Solutions, Inc. on Property Located in the Southeast Intersection of Tower and Toronto. B Y_~Q_Y._L_E~: Noted the history of this item, the issues before the Council, and the alternatives for the management of storm water runoff. MADER_: Added that he met with representatives of the Developer and that they agreed that the most favorable approach for storm water management is Alternative A, but would also be willing to implement Alternative B should Alternative A not be feasible due to the easement acquisitions necessary. Commented that the approach seemed reasonable as long as staff was confident that Alternative B posed no additional problems. Also noted that the Developer has revised the traffic flow into the development to flow only in from Tower, and out at Toronto, which addresses his other concern. ~: Asked if the Council approved Alternative B for the storm water management, would there be duplicative costs with the development of the ring road, or would construction of these improvements offset the costs of the ring road project. Also asked the status of the easement acquisitions. O~¢J2J~IES~: Advised that this action would be a permanent solution and would actually supplement the ring road project. This is an investment in the infrastructure that the City would make regardless of the development. 3 City Council Meeting Minutes June 5, 2000 PACE: Noted that there are several concerns with any easement document at this point due to the pending transition of ownership of the property. Also noted that there is some concern with alternative A and its potential impact on the undeveloped site neighboring the Post Office site. HJJE~;~,J,EE (representing the Developer): Noted that the developer has had discussions with the managing owner of the Post Office parcel, which is a separate company from that which owns the Priordale Mall site. Boderman has indicated his cooperation as long as the Post Office representatives concur. It is difficult to develop a document because the Developer does not know what the City's approach is. His recommendation would be that once the Council determines the approach, staff and the attorneys will work out the Development Agreement, including specifics on money, work and documents. _MA_D. EB: Commented that there are some title issues that needed to be resolved with Alternative A. Recommended that staff not be directed specifically to Alternative A, but rather to work with the Developer for either option as they determined which is more feasible with respect to title, planning, timing and costs. PACE: Clarified that the form distributed identifying options available to the Council should be renumber to 1 (a) and (b), then 2, 3, 4 and so on. ~: Concerned that Alternative B may incur a significant cost to the City. PACE: Advised that based upon her information, it appears that the Developer has agreed that if they have to go with Alternative B because they can't make Alternative A work, they will cap the City's exposure at $35,200, which would be the City's costs under Alternative A. MADER: Clarified that that is his understanding which would be incorporated into the Development Agreement. ERI_BLC__S_O_~: Stated that for either Alternative A or B there are too many number of variables. Concerned that moving forward at this point is premature. Would like to see staff bring the details of any agreements with hard facts before proceeding. MA_MAP__F~: Advised that staff is looking for direction to begin putting that agreement together. MOTION BY ERICSON, SECOND BY GUNDLACH TO TABLE ANY ACTION UNTIL FURTHER DETAILED INFORMATION IS PROVIDED. ~: Agreed with Councilmember Ericson that there are too many variables. Concerned about the City's exposure. P E__~_ET_Eg_%E~: Understood that the intent of the item was to direct staff, not approve or disapprove any specific action. Did not support tabling the item. M_A_D_EB: Did not support the motion because the intent was to provide staff with some parameters by which to pursue a final document. Commented that there has be to a cooperative effort between the staff, Developer, and Council. It would not be appropriate to ask the staff to do the design work for Alternative B and then bring it back to the Council and have them say it's not acceptable. 4 City Council Meeting Minutes June 5, 2000 pACE: Clarified that the development of alternative A will subsequent documentation above the necessary easement responsibilities, agreement and exposure of each of the parties. require much more information and agreements in order to assure the ERIC__~C_8.9~: Asked the Mayor to call the question. VOTE: Ayes by Ericson and Gundlach, Nay by Mader and Petersen, the motion failed. MOTION BY GUNDLACH, SECOND BY PETERSEN TO DIRECT STAFF TO PURSUE ALTERNATIVE B. D_G_U__t~!P_t,A__G~: Due to the complexity of developing Alternative A, supported the motion for Alternative B because staff could focus on a single project and all parties would know the City's intent. ~M~,~IP_,~J2~: Clarified that Alternative A is much more cost-effective for the City and that the best engineering solution to this situation is Alternative A. Noted that if this development was not approved, staff would not recommend going through with any of the improvements until the post office property were developed. From an engineering perspective, the question is whether this development will go forward with either alternative A or B. ~: Advised that he understood that once the ring road went in, the City would need to put in the storm sewer. ~: Advised that at that time, the City would need to install storm sewer based upon either alternative A or B, but if the City cannot acquire the easements for free from the post office sight, the recommendation would be alternative B. If the easements can be acquired from the post office, the better option then becomes alternative A because its an easier and cheaper solution. P T_PET_ER_.8.E~: Withdrew the second. MOTION BY MADER, SECOND BY PETERSEN TO DIRECT STAFF TO PREPARE A RESOLUTION FOR THE NEXT MEETING APPROVING THE CUP WITH CONDITIONS, INCLUDING LIMITING THE CITY'S LIABILITY TO $35,200 WITH EITHER ALTERNATIVE A OR B AND SUBJECT TO BOTH PARTIES ENTERING INTO A DEVELOPER'S AGREEMENT THAT WILL COME TO THE COUNCIL FOR FINAL APPROVAL. PACE: Clarified that the Developer will install the utilities and the City will agree via contract to reimburse it. I:I~,Mg~,I.Jf~: As a point of clarification, noted that, while the concept was agreed to by the Developer's representative, final approval from the management group had not been formally accepted. Advised that the Developer will do alternative A or B based upon the City's determination and at the pro-rata costs as if it were assessed on the 8.5 acres of drainage area, which would mean they would pay 20% of the project. ~__~_O_~: Called a Point of Order and noted that per the City Council Bylaws persons could only approach the podium, outside of the public hearing process, to answer specifically directed questions from Councilmembers. City Council Meeting Minutes June 5, 2000 MADER: Asked Mr. Huemoeiler to relinquish the podium, but repeated that the current motion was subject to all parties entering into a Development Agreement within the parameters set out in the current discussions, and if the Developer fails to enter into that agreement, there is no damage done. PACE: As a point of clarification, asked if the City's liability is still capped at $35,200 with either alternative. MADER: Confirmed that the motion is to cap the City's liability at $35,200 regardless of what the Developer's final determination might be. VOTE: Ayes by Mader and Petersen, Nay by Gundlach and Ericson, the motion failed. The Council took a brief recess. PACE: Noted that the due to the Council's concern with commencing with a project without the Council maintaining a level of supervision in order to protect the City's liability, suggested bringing back a resolution that stages how the development conditions and agreements would come into place, including items such as easement acquisitions, contractual arrangements, and all improvements. ~: Noted that a staging process would be acceptable as long as the Council has the opportunity for review at each step before the City is too committed and possibly exposed to additional costs and liabilities. MOTION BY GUNDLACH, SECOND BY PETERSEN, TO DIRECT STAFF TO PREPARE A RESOLUTION FOR APPROVAL OF THE CONDITIONAL USE PERMIT AND WHICH IMPLEMENTS A DETAILED STAGING PROCESS IN CONNECTION WITH THE ISSUES DISCUSSED IN TONIGHT'S DELIBERATION AS WELL AS THOSE ADDRESSED BY STAFF BY THE JULY 17, 2000 REGULAR MEETING. PACE: Commented that the July 17th date may allow staff to get a determination on some of the issues including the easements and title opinions. Added that parking on Toronto Avenue needs to be addressed. BOYLES: Noted that a detailed traffic control plan is a part of the report and will be incorporated. VOTE: Ayes by Mader, Gundlach and Petersen, Nay by Ericson, the motion carried. Consider Approval of Ordinance 00-07 Approving an Amendment to the Zoning Ordinance Relating to the Requirements for Fences Located Within the Front Yard (Case File #00-030). BOYLES: Briefly provided the background for the item, the issues before the Council, and the staff recommendation. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE ORDINANCE 00-07 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE REQUIREMENTS FOR FENCES LOCATED WITHIN THE FRONT YARD (CASE FILE #00-030). Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. 6 City Council Meeting Minutes June 5, 2000 MADER: Commented that the ordinance amendment is a direct result of some constructive criticism by one of our residents. Encouraged all residents who may see a particular ordinance as needlessly restrictive to seek out City staff with their comments. Consider Approval of Solicitation of Proposals to Conduct a Park Dedication and Support Fee Study. BOYLES: Advised the COuncil that the purpose for the study is to evaluate the fees the City collects to assure that the City is able to continue providing neighborhood parks and trails, as well as the estimated costs of the study to come from the Capital Park Fund. MADER: Suggested that if the cost of the study comes in at the high end, there may not be Council support for the study. Asked if the funding of parks is done with fees applied to development projects and with Referendum dollars, do the Referendum dollars get applied in determining what is an adequate park dedication fee. BOYLES: Clarified that the purpose of the study would be to look out prospectively and find out the number of acres left for development and how construction of those parks would be amortized and at what cost. MOTION BY ERICSON, SECOND BY GUNDLACH TO AUTHORIZE STAFF PROPOSALS TO CONDUCT A PARK DEDICATION AND SUPPORT FEE STUDY. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. TO SOLICIT Consider Approval of Change Order #2 for Ingram Excavating, Inc. for a Deduct of $31,563.00 and Approving Payment #8 in the Amount of $67,796.95 for Work Completed at Lakefront Park. BOYLES: Reviewed the additions and deducts to the excavating project at Lakefront Park, noting that staff conducted much of the work in-house, netting a total deduct of $31,563.00. ERICSON: Asked if the project will then be complete. BOYLES: Clarified that the project under this contract will be expected to be complete by the fall. MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE CHANGE ORDER #2 FOR INGRAM EXCAVATING, INC. FOR A DEDUCT OF $31,563.00 AND APPROVING PAYMENT #6 IN THE AMOUNT OF $67,796.95 FOR WORK COMPLETED AT LAKEFRONT PARK. (~UNDLACH: Noted that anytime staff can realize a cost savings by doing extra in-house work is greatly appreciated. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. NEW BUSINESS: Consider Approval of Ordinance 00-08 Approving an Amendment to the Zoning Ordinance Relating to the Definition of a Building Face, and the Required Side Yard Setback for Structures with Walls Exceeding 40 feet in Length in the RS, R-l, R-2 and R-3 Districts (Case File #00-35). 7 City Council Meeting Minutes June 5, 2000 I~,NSIER: Explained the proposed ordinance amendment as it relates to walls exceeding 40 feet in length. Noted that the purpose of the ordinance is primary aesthetic. The Planning Commission determined that this was a legitimate concern and that the current definition was too restrictive. The result is the proposed language which redefines what a wall break is and the relationship to determining setbacks. ~: Asked why the R-4 district is not included. KANS~ER: Clarified that in the R-4 single family homes are not permitted and an additional setback still exists for the R-4 districts if they don't have the breaks. RYE: Explained that the amendment would relax restrictions for single family home districts, but not for the higher density. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE ORDINANCE 00-08 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE DEFINITION OF A BUILDING FACE, AND THE REQUIRED SIDE YARD SETBACK FOR STRUCTURES WITH WALLS EXCEEDING 40 FEET IN LENGTH IN THE RS, R-l, R-2 AND R-3 DISTRICTS (CASE FILE #00-35). VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of MVTA 2001 Tax Levy Request. MADER: Noted that he had some concern that the Council would be considering a commitment to a levy, when previous action by the Council has directed that the staff pursue determining its options for removing the City from the MVTA. MOTION BY MADER, SECOND BY GUNDLACH TO DEFER CONSIDERATION AND DIRECTING STAFF TO PROVIDE ADDITIONAL INFORMATION AS TO WHAT THE CITY COMMITMENTS AND OPTION ARE WHEN CONSIDERING THE MVTA 2001 TAX LEVY REQUEST. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of Proposal to Replace Police Department Detective Vehicles: 1. Resolution O0-XX Authorizing the Sale of One (1) '/993 32-Foot Motorhome to the City of Red Wing, Minnesota. 2. Resolution O0-XX Authorizing the Purchase of One (1) 2000 Model Ford Expedition through the State of Minnesota Cooperative Purchasing Program. 3. Resolution O0-XX Authorizing Staff to Solicit Quotations for the Trade-In of One (1) 1992 Chevrolet Lumina and One (1) 1993 Chevrolet Blazer, and Authorizing Staff to Solicit Quotes for the Acquisition of One (1) 2000 Ford Taurus. [This Item was removed from the agenda.] Consider Approval of Resolution 00-43 Approving Specifications and Authorizing Solicitation of Bids for One (1) Fire Department Tanker Truck. City Council Meeting Minutes June 5, 2000 BOYLES: Reviewed the process which has lead to the revised specifications and briefly noted the timeline for the bidding process. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-43 APPROVING SPECIFICATION AND AUTHORIZING SOLICITATION OF BIDS FOR ONE (1) FiRE DEPARTMENT TANKER TRUCK AND TO CONSIDER AWARD OF THE BID AT THE COUNCIL'S JULY 17, 2000 MEETING. MADER: Advised that as he participated in the discussions regarding the specifications and where no party probably came away completely satisfied, the results seem to have lead the City in the right direction. Offered a friendly amendment to the motion to include that the award of bid be brought back to the Council at its July 17, 2000 meeting. The friendly amendment was accepted by both Councilmembers Petersen and Gundlach. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of Resolution 00-44 Authorizing Staff to Proceed on Acquisition of Computer Hardware and Software. BOYLES: Reviewed the agenda item in connection with the staff report, the options available to the Council, and the proposal by staff. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE RESOLUTION 00-44 AUTHORIZING STAFF TO PROCEED ON ACQUISITION OF COMPUTER HARDWARE AND SOFTWARE. ERICSON: Advised that much of the equipment is very outdated and it is important to give staff the tools they need to do their work. Also believed it important to maintain a replacement cycle for computer equipment. Suggested unanimous support. (~UNOLACH: Echoed Councilmember Ericson's comments and noted that City staff needs to be able to keep up with business standards. MADER: Concerned that the funds are coming from the operating budget rather than the capital equipment fund. Suggested keeping the capital equipment purchase funded from the capital equipment fund. Proposed an amendment to the resolution that the funds come from the capital equipment fund with the exclusion of the $27,500 which is already budgeted in the operating budget. Councilmembers Gundlach and Ericson accepted the friendly amendment. TESCHNER: Suggested the Council consider appropriating all of the money out of the general fund data processing budget because at the end of the year data processing will be exceeded by approximately $80,000 only in the data processing department. At year-end, due to additional unbudgeted revenues, which will offset the $80,000 expenditures. MADER: Noted that last year this Council took steps to address intended to lead to tax reduction this year, and that tax reduction was not realized when it came right down to it. Until such time when City Council Meeting Minutes June 5, 2000 depreciation costs associated with capital investment can be amortized, it should be clear that capital equipment remains in one account and operating budgets in the other. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. OTHER BUSINESS / COUNCILMEMBER REPORTS: R~_EBLC_8_O~: Asked about the City's regulations regarding peddlers, and that the eagles on the flags be replaced. Did not recall the specific regulations, but would forward the ordinance. ~: Noted concern with waste of water due to the limited water supplies maintained by the City and its regulation of sprinkling systems that operate on timers despite the weather. Asked staff to research how other City may regulate such water usage. MADER: Added several items: (1) Water ~.uality - Asked staff to look at the issue of banning phosphorus fertilizers in certain proximity to the lake. It would be a step in the right direction with little effort. (2) Busse Community Park neighbor concerns - Advised that there are storm water runoff issues that were brought to his attention and need to be addressed. Asked staff to provide an engineering evaluation. Noted that the neighbors also have concern regarding the placement of the restroom/concession facility, and asked staff to follow-up with a recommendation. (3) Spring Lake to Minnesota River trail - Suggested that staff assemble a committee of interested parties, including Council, to further discuss the possibilities. Councilmembers agreed that the above suggested actions were acceptable. ~_O__Y_I,E~: Asked about Councilmember availability concerning the next Capital Improvement Program workshop, and solicited Councilmember input on how aggressive enforcement procedures should be for signs within public right-of-way. MADER: Noted that enforcing our sign ordinance is not inconsistent with the aesthetic values this Council would like to see. Suggested staff determine the best course of action, and come back to the Council for final approval. A motion to adjourn was made and seconded. The meeting adjourned at ~05 pm. Frank Boyles, City(~na~'er rding Secretary 10