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HomeMy WebLinkAbout121800 RegularREGULAR COUNCIL MEETING MINUTES December 18, 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, Finance Director Teschner, Planning Director Rye, Public Works Director Osmundson, City Engineer McDermott, Planning Coordinator Kansier, Assistant City Manager Walsh and Recording Secretary Meyer. APPROVAL OF AGENDA: ERICSON: Requested removing Item A under the consent agenda (Consider Approval of Invoices to be Paid), and adding Item 9C as consideration of action on the City Manager's salary adjustment. BOYLES: Requested an Executive Session to discuss pending litigation. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, the motion carried. APPROVAL OF MINUTES FROM DECEMBER 4, 2000 REGULAR MEETING. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE DECEMBER 4, 2000 REGULAR MEETING MINUTES AS SUBMITTED. VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, the motion carried. CONSENT AGENDA: (A) Consider Approval 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 00-125 Approving an Easement for Dale Braddy. (E) Consider Approval of 2001 Cigarette License Renewals. (F) Consider Approval of Massage Therapy Licenses. a. New Licenses i. Jeffrey Scheffler ii. Nancy Thompson b. Renewals MADER: Noted that Item A of the consent agenda had been removed. MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE THE CONSENT AGENDA ITEM (B) THROUGH (F) AS SUBMITTED. BOYLES: Briefly reviewed each of the consent agenda items. 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 December 18, 2000 VOTE: Ayes by Mader, Petersen, Gundlach, Ericson and Zieska, the motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA: Invoices to be Paid ERICSON: Asked for an explanation as to a computer purchase for $3800 from the police general fund. BOYLES: Explained that the unit is MDT hardware for a police squad and is a lease payment which was outside the funds the Council authorized for network upgrades. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE INVOICES TO BE PAID. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. PRESENTATIONS: Presentation: Recognition of 27 Years of Service to Lee Rabenort. BOYLES: Reviewed the experiences and contributions of Officer Rabenort. Mayor MADER presented to Officer Rabenort a plaque of appreciation from the City Council and staff. PUBLIC HEARINGS: NONE. OLD BUSINESS 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. MADER: Provided the history of the process to date. BOYLES: Summarized the General Fund Budget for 2001 in connection with the staff report. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-126 ADOPTING THE 2001 PRIOR LAKE BUDGETS AND CERTIFYING FINAL 2001 CITY OF PRIOR LAKE PROPERTY TAX LEVY TO SCOTT COUNTY DEPARTMENT OF TAXATION. ERICSON: On behalf of all the Councilmembers, thanked the staff for their great efforts in bringing this budget for 2001. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 2 City Council Meeting Minutes December 18, 2000 NEW BUSINESS: 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. KANSIER: Reviewed for the public the agenda item in connection with the staff report. MADER: Asked if the provision to require covenants as recommended by staff is included in the proposed resolution. KANSlER: Confirmed. As part of the approval of elder housing, the zoning ordinance requires that the developer provide covenants that restrict occupancy to persons over a certain age. That is a condition of both the PUD and Final Plat. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION APPROVING FINAL PLANNED UNIT DEVELOPMENT FINAL PLAN. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 00-127 MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-128 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CREEKSIDE ESTATES. PACE: Suggested specifically stating that the resolution reflect the condition that covenants are required. The motion and second accepted the amendment. GUNDLACH: Commented that he is pleased at the cooperative effort between the neighborhood, staff and developer. PACE: Pointed out that the definition of elderly housing within the zoning ordinance does need to be clarified in conjunction with the federal guidelines. ~ VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Accepting Feasibility Report and Scheduling a Public Hearing to Consider 2001 Improvement Projects. BOYLES: Gave an overview of the action under consideration. MCDERMOTT: Specifically explained the agenda item in connection with the staff report, including assessment method, issues, options investigated, and staff recommendations. MADER: Asked if the new culvert under Hwy 13 would be a higher or lower elevation. MCDERMOTT: Noted that the elevation would be approximately the same and the existing culvert would remain because the problem is that it is undersized. The water level in the pond will be kept at a level lower than the culvert level so it won't drain back across the street. 3 City Council Meeting Minutes December 18, 2000 MADER: Asked if the 100% unit assessment figure applies to replaced blacktop or the more extensive replacement and suggested that the figures be specific prior to the neighborhood meeting on the project. MCDERMOTT: Advised that the figure in the feasibility study for 100% assessment was for replaced blacktop, and that further improvements would have more significant assessments. GUNDLACH: Asked if running the sewer into the house and the added assessment creates an issue of assessing too much compared to the value of the property. Also asked how far the sewer line along Evanston runs now, and if there was any consideration given to completing only a portion of the project. MCDERMOTT: Explained that the property owners interested in sewer and water service installation would have to sign a waiver to appealing the assessment and that only six properties would be required to have the services extended. The City proposes to pay 50% of the costs for them. Advised that the sewer line runs all along Evanston and is in such disrepair that it needs to be replaced. Noted that eliminating Oak Street, for instance, is an option, but that it was initially included because the existing sewer service is quite long. ERICSON: Asked if it is necessary to pull out curb and replace it. Also asked if sewer to the houses should be required. MCDERMOTT: Advised that the road would be a different width at 32 feet and most of the curb and gutter is in considerable disrepair. Also noted that with utility construction and water and sewer service installation, it would be more feasible to replace the entire curb rather than try to salvage short segments. BOYLES: Noted that whether sewer should be required to the house is a policy question for the Council. This is the first time that the City has undertaken providing service from the right-of-way into the houses, and there are a number of different issues involved. As structured, the extension is optional except for six properties. GUNDLACH: Noted that if the property owners where offered the option, the assessment committee felt that there economy of scale and benefit to providing a reputable installer, as well as being able to assess the costs and pay off the service over time would increase the likelihood that residents would take advantage of this option. ERICSON: Concerned that some of the homes will be unable to show an appreciable benefit given the property values. MCDERMOTT: The current County market valuations seem to be behind the actual selling prices. GUNDLACH: Asked how the second lift station on the other side of Lakefront Park will be paid for since it is not part of the assessments for this project. MCDERMOTT: Advised that the proposal is to pay for it out of the Trunk Fund because it would be benefiting more than just the Frogtown area. 4 City Council Meeting Minutes December 18, 2000 ZIESKA: Asked why Memorial Trail between the entrance to Memorial Park and 160th Street wasn't included. Also commented that the Oak Street watermain should be looped because dealing with dead- end water mains is difficult. Further noted that with respect to requiring sewer and water extension into the homes, the project for North Shore Oaks First Addition seemed to work out well. MCDERMOTT: That area has concrete curb and gutter and there are some drainage issues, so staff felt that should probably be a project of its own at a future date. The line had to be drawn somewhere. ERICSON: Asked if the water level bounce in the pond on the other side of Hwy 13 had been considered. There is a fish hatchery there. Further asked if the action was approved tonight, does it mean the Council is approving the method of assessment. MCDERMOTT: Advised that the DNR and staff had looked at bounce. The DNR dos not appear to be concerned about lowering the pond one foot. The staff wants to evaluate how lowering the pond one foot vertically will affect how the pond size shrinks and the aesthetic impact. MADER: Explained that the only action tonight is to proceed with the public hearing project, and the Council will see the project many more times before the bid award. MOTION BY ZIESKA, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-129 ACCEPTING FEASIBILITY REPORT AND SCHEDULING A PUBLIC HEARING TO CONSIDER 2001 IMPROVEMENT PROJECTS FOR JANUARY 22, 2001 AT 7:30 PM. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried The Council took a brief recess. Consider Approval of Appointments to Fill Vacancies on the Lake Advisory Committee. BOYLES: Reviewed the interview process and the recommendation by the interview committee. MADER: Advised that normally the Council liaison to the committee would sit in on the interviews, but that position is currently vacant. MOTION BY ERICSON, SECOND BY ZIESKA TO APPOINT DALE BRADDY AND SHIRLEY GENGLER TO THE LAKE ADVISORY COMMITTEE FOR A THREE-YEAR TERM. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Electing the Non-Waiver of Statutory Municipal Tort Liability Limits and Declining Excess Liability Insurance Coverage. BOYLES: Explained the requested action in connection with the staff report. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-130 ELECTING THE NON-WAIVER OF STATUTORY MUNICIPAL TORT LIABILITY LIMITS AND DECLINING EXCESS LIABILITY INSURANCE COVERAGE. 5 City Council Meeting Minutes December 18, 2000 PACE: Asked for clarification as to the $1 million limit for general liability. TE$CHNER: Not familiar with all of the definitions under the statute. PACE: Briefly defined a tort claim. TE$CHNER: Advised that the majority of communities deny the additional coverage. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. Consider Approval of a Resolution Reallocating Expenditures. MADER: Explained that this action was a bit of a housekeeping measure in order to close out the referendum account and re-allocate the balance accordingly. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION REALLOCATING EXPENDITURES AS RECOMMENDED BY STAFF. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 00-131 Consider Approval of a Resolution Approving the Acquisition of Property. MADER: Gave the staff report in connection with the agenda report and noted the rationale and benefit for acquiring the particular properties. BOYLES: Reviewed the terms of the TJ Towing purchase agreement, and the terms of the Hennen purchase agreement. Further noted that the approving resolution provides for the expectation that the acquisition costs for these properties will be reimbursed through redevelopment district tax increment financing. MADER: Further noted that the Council will continue to look at further properties at a reasonable market value and that these purchases are made within the City's existing resources and will not affect the 2001 budget. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION APPROVING THE ACQUISITION OF PROPERTY. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. 00-132 ADDED: ConsiderActionon Se ~ Manager~ Pe~ormanceEva~aNon. MADER: Advised that there have been quarterly reviews by the full Council to continually review the City Manager's performance. Further noted that he and Councilmember Ericson served on the evaluation subcommittee. ERICSON: Noted the recommendation by the subcommittee is for a 3% salary increase with a one-time $2500 bonus for performance. 6 City Council Meeting Minutes December 18, 2000 MADER: Commented that the instituted bonus is due because the City Manager's initiative exceeded the directive given by the Council with respect to the 2001 budget. Does not see a more tangible benefit to the taxpayers of Prior Lake. MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE THE RECOMMENDED MANAGER COMPENSATION PACKAGE. VOTE: Ayes by Mader, Gundlach, Petersen, Ericson and Zieska, the motion carried. CITY OTHER BUSINESS / COUNCILMEMBER REPORTS: Executive Session Discuss Pending Litigation The Council retired to Executive Session. After returning from Executive Session, the Mayor advised that no formal action was necessary. A motion to adjourn was made and seconded. The meetin~pm. Frank Boyles, City Manager Kelly Meyer, Recording Secretary 7