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HomeMy WebLinkAbout110600 RegularREGULAR COUNCIL MEETING MINUTES November 6, 2000 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: 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, Planning Coordinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVAL OFAGENDA: GUNDLACH: Requested adding an item under Old Business to reconsider the award of bid for playground equipment. Also added an additional action item to agenda item 9E (Consider Approval of a Report Regarding City Advisory Committees) to consider appointments to the Planning Commission. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED. ERICSON: Noted his objection to reconsidering the decision regarding the playground equipment. Believed the action taken was well thought out and appropriate. VOTE: Ayes by Mader, Petersen, Gundlach and Zieska, Nay by Ericson, the motion carried. APPROVAL OF MINUTES FROM OCTOBER 16, 2000 REGULAR MEETING. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE OCTOBER 16, 2000 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Petersen, Gundlach, Ericson and Zieska, the motion carried. Mayor Mader abstained. CONSENT AGENDA: (A) Consider Approval of Invoices to be Paid. (B) Consider Approval of 3rd Quarter Building Permits Report. BOYLES: Briefly reviewed each of the consent agenda items. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE CONSENT AGENDA AS SUBMITTED. VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, 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 November 6, 2000 PRESENTATIONS: Proclamation Declaring Youth Appreciation Week. MADER: Read a declaration proclaiming November 5th-1 1th as Youth Appreciation Week in Prior Lake. PUBLIC HEARINGS: NONE. OLD BUSINESS Consider Approval of an Ordinance Amending the Zoning Ordinance to Allow the Senior Care Overlay District in the C-2 and C-4 Use Districts (Case File #00-074). BOYLES: Briefly reviewed the agenda item in connection with the staff report. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE ORDINANCE 00-24 AMENDING THE ZONING ORDINANCE TO ALLOW THE SENIOR CARE OVERALY DISTRICT IN THE C-2 AND C-4 USE DISTRICTS (Case File #00-074). VOTE: Ayes by Mader, Petersen, Gundlach and Zieska, Nay by Ericson, the motion carried. GUNDLACH: Complimented the efforts of staff. Consider Approval of a Resolution Approving the Final Planned Unit Development Plan and PUD Development Contract and Approval of the Final Plat and Development Contract for Wensmann Ist Addition. BOYLES: Briefly reviewed the item in connection with the staff report. Noted the two actions for consideration. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-114 APPROVING THE FINAL PLANNED UNIT DEVELOPMENT FINAL PLAN TO BE KNOWN AS WENSMANN 1sT ADDITION. (~UNDLACH: Asked if a portion of the property was omitted from the PUD final plan. RYE: Explained that the property is part of the preliminary plan but will be developed in two phases. PETERSEN: Asked about the location of the regional trail. NICK POHL .(Pioneer Engineering): Explained the location of the 8-foot bituminous trail which will connect to the Jeffers property. There is another segment proposed on the berm along the pond. MADER: Asked about the private portions of the sanitary sewer referred to in the development contract. Also asked about the calculation for park land dedication. 2 City Council Meeting Minutes November 6, 2000 KANSlER: Explained that the reference should be to storm sewer rather than sanitary sewer and advised that in the common area where there are private streets in the townhome area rather than maintaining public utilities within private roads, the utilities become private. Advised that the Public Works Director completed calculations to determine how much of the 12-acre park actually qualified for dedication. He also completed calculations to factor in the easement and cost of the trail. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. MOTION BY PETERSEN, SECOND BY ZIESKA TO APPROVE RESOLUTION 00-115 APPROVING THE FINAL PLAT OF WENSMANN 1sT ADDITION AND DEVELOPMENT CONTRACT AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of Policy Regarding Waiver of Fees. BOYLES: Discussed the item in connection with the staff report, including the criteria by which fees would be considered to be waived. MOTION BY ERICSON, SECOND BY ZIESKA, TO APPROVE THE ADMINISTRATIVE POLICY REGARDING WAIVER OF FEES. ZIESKA: Supported having a policy for waiving fees under these conditions. ERICSON: Advised that the policy wasn't exactly what he expected, but would support the motion. PETERSEN: Believed the policy was limiting enough so as to waive only certain fees under certain criteria. MADER: Discussed several points, including the definition of license fee, as well as the extent of direct financial benefit. Believed that the policy is too subjective, and it puts the City Manager in a difficult position. BOYLES: Advised that the easiest position is to not waive any fees. The intent was to balance between providing some sort of benefit for those organizations providing benefit to the community. PACE: Noted that although difficult, her recommendation would be to not waive any fees because it always creates some type of inconsistency. PETERSEN: Commented that if we open the door, it becomes difficult. ERICSON: In order to see fairness across the board, would be most comfortable not waiving any fees. ERICSON WITHDREW THE MOTION, ZIESKA THE SECOND. MOTION BY MADER, SECOND BY ERICSON TO REFER THE ITEM BACK TO STAFF TO RECONSIDER THE POLICY BASED UPON THE COUNCIL'S COMMENTS. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Added: 3 City Council Meeting Minutes November 6, 2000 Reconsider Approval of a Resolution 00-74 Awarding Bids for Purchase and Installation of Playground Equipment. MOTION BY GUNDLACH, SECOND BY MADER TO RECONSIDER THE AWARD OF BIDS FOR PLAYGROUND EQUIPMENT. ERICSON: Asked the specific concerns for the reconsideration of the decision. GUNDLACH: Understood that the specifications were as a Iow-bid proposal, and the Council's last consideration of the item was not considered under that criteria. OSMUNDSON: Advised that the specifications were specific at to the type of equipment, but the design was left to the bidders, noting that price and other factors would be considered. Z~ESKA: Asked which parks were used as a comparison, and how many bids had at least the same number of events. OSMUNDSON: Boudins and Carriage Hills were used as the comparison, stating that the parks being bid would have at least the same number of events (16-18). Discussed that the it is difficult to say which bids had at least the same number of events because both parks were used as comparables. ERICSON: Believes that the award was a transition vote where our process is not quite where the Council would like to see it, but that it is developing toward that end. Also noted that if the Council keeps sending things back to its advisory committees or staff, it usually ends up costing us more money. Suggested leaving the award as previously acted upon and continuing to hammer out and revise the process in a joint meeting with the Parks Advisory Committee. MADER: Asked if the specifications were adequate to give us the equipment needed in those parks, and if, in his opinion, all the bidders and equipment were of similar or equal quality. OSMUNDSON: Confirmed. MADER: Believed that bids awarded on the basis of adding one or two more pieces of equipment becomes a green light for bidders to throw in some extra equipment and that's a basis for bid award, and the bids become illegimate in terms of competitive process. Suggested awarding to the Iow bidder because the bidder meets the specifications and has quality equipment. As an alternative, he would recommend starting the bid process over. ERICSON: Believed it was not clearly articulated to the Parks Advisory Committee from the Council what the process should be. Advised that if the whole process was thrown out, it may cost the City more in the long run. MADER: Stated that if the Parks Advisory Committee did not understand Council expectations for these specifications, they haven't been listening. Also discussed that the dollar difference between the Iow bid and the bid awarded is significant. PETERSEN: Asked what the general feeling was as far as the process after the last meeting. 4 City Council Meeting Minutes November 6, 2000 OSMUNDSON: Advised that the general consensus after the last meeting was that this was a transitional specification; one that was not perfect and would continue to be revised in order to allow both flexibility of design and the City's target of acquiring the lowest bid. Further discussed the staff's evaluation of the bids and the difficulty in balancing design standards and lowest cost. PETERSEN: Asked how the staff and/or Council even begins to evaluate on the basis of design and competitive bids without it being subjective. MADER: Clarified that the City's past practice was to tell bidders what to bid, then evaluated on the basis of design. ERICSON: Commented that the process used here was exactly the opposite. Instead of asking how many events can you provide for this amount, we said this is the number of events that we want, now how much can you do it for. GUNDLACH: Noted that the point is not that the Iow bidder is necessarily the answer. The concern should be the subjective nature of the bid process. Agreed that the process is not there yet, but that is not reason enough to award a bid of this type. ERICSON: Concerned that starting over would added significant cost. ZIESKA: Preferred Gametime equipment from a safety perspective because it has no clamps. Noted that sometimes it's not a factor to just meet the standard, and the Council should be able to award for excellence. Also noted that the specifications were approved by the Council. MADER: Understood that the specifications that were approved were defined in specific terms so that there was an apples-to-apples comparison. Noted that the issues are fairness to the vendors and compliance with competitive bidding statutes. Z~ESKA: Believed that the criteria was to bid events comparable to the two parks identified. Bids that did not include at least 18 events are not comparable. MADER: Advised that comparable means the same number and type of events, and not that if a vendor throws in another piece of equipment he gets additional consideration. ERICSON: Asked the Mayor to call the question. GUNDLACH: Asked for the City Attorney's opinion on the law on the competitive bid process. PACE: Advised that under this motion to reconsider that item is not germaine to the discussion until the item comes back on the table. OSMUNDSON: Noted that the bids are good until November 11, 2000, so if the Council decides to go with the Iow bid that bid is still available. Otherwise, the process would need to start over. VOTE ON MOTION TO RECONSIDER: Ayes by Mader, Gundlach, hayes by Petersen, Ericson and Ziesak, the motion failed. NEW BUSINESS: City Council Meeting Minutes November 6, 2000 Consider Approval of a Resolution Recommending Approval of the Scott County Highway Department Draft 2001-2005 Capital Improvement Program. BOYLES: Discussed the item in connection with the staff report and reviewed the projects that staff suggested be included in the CIP. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-116 APPROVING THE SCOTT COUNTY DRAFT 2001-2005 CAPITAL IMPROVEMENT PROGRAM AND ENCOURAGING THE INCLUSION OF THOSE ITEMS RECOMMENDED BY STAFF. (~UNDLACH: Concerned about addressing the safety issues associated with CSAH 82. MADER: Asked about the proposed improvements for County Road 12 from TH13 to CSAH 17. Concerned about the addition of trails or sidewalks for safety. OSMUNDSON: Believes the numbers include a total reconstruction of County Road 12, but that the final standards would be defined in connection with staff. BOYLES: Asked if the resolution should be amended to include (1) addressing traffic issues for the east- west corridor; and (2) safety of CSAH 12 with respect to trails and sidewalks. MADER: Believes that the appropriate action tonight would be to act on this item, and ask staff to monitor the process with the County so that the Council's concerns are addressed. ERICSON: Asked about how the process and concerns of this Council are tied together with the County and over time. BOYLES: Discussed the directives list and our Capital Improvement Program that are used to track the concerns and issues that the Council encourages. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. The Council took a brief recess. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing Solicitation of Bids for Well No. 6 (City Project #02-00). BOYLES: Reviewed the agenda item in connection with the staff report. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-117 APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING SOLICITATION OF BIDS FOR WELL NO. 6. PETERSEN: Asked what a monitoring well does. OSMUNDSON: Explained that no water is pumped. A monitoring well measures the water level through a 4-inch pipe. 6 City Council Meeting Minutes November 6, 2000 ERICSON: Asked if there an allowable drop with respect to the Savage Fen. OSMUNDSON: Advised that the purpose of monitoring wells is for fact-gathering within the whole research project for the Savage Fen. Aisc noted that any drop doesn't necessarily mean we will or won't get the well. If the monitoring wells and the Fen would show a drop in water level from our new well, we may be told to back off or drill to a different aquifer. (~UNDLACH: Asked if monitoring well #2 is impacted by the well north of CSAH 42 or the proposed mining operation. OSMUNDSON: Commented that originally a proposed site for the well was the corner of McKenna and CSAH 42, but that is the flow area for one of the tribe's wells. ERICSON: Asked if the action requested includes the building and equipment for the site. OSMUNDSON: Explained that the action for the pump house will come back to the Council for consideration. Our pump houses are a similar design to residences in the area. Z~ESKA: Asked how long this well will fill the City's needs. OSMUNDSON: Advised that another well is projected for 2005. At this point, we'd like to get this well in place and see where that leaves us and what impacts it creates. ERICSON: Aisc advised that this well needs to be in place so that one of our water towers can go under repair. MADER: Asked if the estimated costs are within the defined budget. OSMUNDSON: Confirmed. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Accepting Land Dedication for Well No. 6 for a Future Subdivision to be Known as Wilds 6th. MOTION BY ERICSON, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-118 ACCEPTING LAND DEDICATION FOR WELL NO. 6 FOR A FUTURE SUBDIVISION TO BE KNOWN AS WILDS 6TM . VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 7 City Council Meeting Minutes November 6, 2000 Consider Approval of Revisions to the 2000 Fee Schedule Establishing a Storage Fee for Signs Confiscated for Illegal Location. BOYLES: Reviewed the agenda item in connection with the staff report and the rationale for the recommendation of a fee. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE REVISIONS TO THE 2000 FEE SCHEDULE ESTABLISHING A STORAGE FEE FOR SIGNS CONFISCATED FOR ILLEGAL LOCATION. MADER: Suggested not acting on the item at this time. Concerned that the City may be adding a complication that may not be necessary in light of the fact that the enforcement is fairly recent. Believes an adjustment period is necessary before a fee is imposed. ERICSON: Agreed with the comments from the Mayor. Also believed that staff should not be paid overtime for enforcement. Did not support the motion. MADER: Believed that the fee is not appropriate at this time, but also noted that our ordinance can not be selective as to the type of signs but that enforcement is necessary. GUNDLACH: Believed there is a difference between one sign noting a nightly baseball game, and a row of signs that line up and distract drivers at intersections. Believes weekend enforcement is necessary. Suggested that if a fee is not imposed, the City should at least hand out notices advising offenders that it is a misdemeanor to have signs in the right-of-way. MADER: Agreed that uniform enforcement is necessary, and advised that the efforts made in the last few weeks have made a tangible difference. GUNDLACH WITHDREW THE MOTION, ERICSON THE SECOND. Consider Approval of a Report Regarding City Advisory Committees and Consider Appointments to the Planning Commission. BOYLES: Reviewed the agenda item in connection with the staff report and discussed the staff recommendation. MOTION BY MADER, SECOND BY ERICSON TO AUTHORIZE THE REDUCTION OF THE PARKS ADVISORY COMMITTEE AND LAKE ADVISORY COMMITTEE TO FIVE MEMBERS WITH THE PROCESS TO BE DONE THROUGH ATTRITION AND DIRECT STAFF TO BRING THE BYLAWS AMENDMENTS BACK FOR FURTHER CONSIDERATION. ERICSON: Believes a five-member body is easier to administer, is in keeping with the Council structure and he would support the motion. TOM BONCHER: (5791 Shannon Trail): Asked if there is going to be any input from the membership of the Advisory Committees. 8 City Council Meeting Minutes November 6, 2000 MADER: Advised that the final authority is with the Council, and that part of the City Manager's proposal is an attempt to have the most dedicated group that is most easily administered. ERICSON: Also noted that the reduction will be through attrition and that no current members will be eliminated. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. GUNDLACH: Briefly reviewed the application process and the interview committee recommendation. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPOINT VAUGHN LEMKE AND TONY STAMSON TO THE PLANNING COMMISSION FOR TERMS ENDING OCTOBER 31, 2003. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of 2000 League of Minnesota Cities Legislative Policies. BOYLES: Briefly noted that the staff is bringing this item to the Council in order to obtain their concerns and priorities. ERICSON: Suggested completing the tabulation for the AMM policies and using them as representative for the LMC policies. MADER: Believes the document is a little overwhelming and suggested directing the City Manager and Councilmember Gundlach to take past input from the Council in representing the City at the League conference. GUNDLACH: Advised that he had discussed several other issues with both the state legislators and the City Manager. MADER: Stated that other states allow cities to meet in closed session when considering land acquisition. Believes such an amendment would benefit the taxpayers. MOTION BY MADER, SECOND BY PETERSEN TO DELEGATE THE CITY MANAGER AND COUNCILMEMBER GUNDLACH AS THE CITY'S REPRESENTATIVES AT THE LMC CONFERENCE, 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. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 9 City Council Meeting Minutes November 6, 2000 OTHER BUSINESS / COUNCILMEMBER REPORTS: MADER: Asked for the City Manager to research and clarify for Councilmembers if the Metropolitan Council is changing the criteria for various application approvals based upon how the community responds to their criteria for affordable housing. Uncomfortable with that type of process that implies the community could be punished in other areas for its position in a different area. Also suggested that the Council consider how it can become more represented. Secondly, advised that with respect to the lawsuit initiation by the Prior Lake American, a judgment was made that the newspaper's claim had no merit. Unfortunately, the Prior Lake American has decided that the Judge was incorrect and has appealed the decision. BOYLES: Advised the Council of a written application submitted by the Mdewankanton Sioux Community to place 106 acres within Prior Lake into Trust status. Advised that if the land would be moved into Trust, the title is given to the federal government for use by the tribe. Such action would negate the City's zoning and comprehensive plan guides, and removes the developable land from the tax base. The City requested that the Community temporarily withdraw its request in order to independently negotiate some common agreement. The Community has denied that request. The City has also asked for a thirty day extension from the Bureau of Indian Affairs in order to formulate an appropriate response. Advised that staff is looking for direction from the Council. MADER: Advised that he had met with the Tribal Council today, and his request for another option from them was denied. Noted that as the Sioux Community grows, the tax base and available land for the City of Prior Lake and its growing population is declining. Given that time is short, believes it appropriate to authorize the City Manager and City Attorney to respond to the Bureau of Indian Affairs why the City objects to the petition, and to participate in any necessary litigation process. MOTION BY MADER, SECOND BY ERICSON TO AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY AS STATED ABOVE. GUNDLACH: Asked if there has been any coordination with Congressman Minge's office. BOYLES: Advised that he believes the Congressman had been contacted and they had no position at this time. MADER: Believes that in a past application, the congressional office did support the position of the City of Shakopee. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. ERICSON: Regarding the sewer for the Ryan Park, asked if there was any recommendation at this point. Also asked about the process of annexation. BOYLES: Advised that the memo was provided as food for thought at this point, but that he has asked Scott County to provide a work session discussing the intentions through its Comprehensive Plan. MADER: Discussed the history of the Orderly Annexation Agreement and the need for establishing a position by the City. Suggested moving cautiously even on the issue of annexation of park land. 10 City Council Meeting Minutes November 6, 2000 A motion to adjourn was made and seconded. The meeting adjourned at 1~ Frank Boyles, City Manager Kelly Meyer, Re~ding Secretary 11