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HomeMy WebLinkAbout070698 RegularREGULAR COUNCIL MEETING AGENDA Date: July 6, 1998 TO ORDER: Mayor Mader called the meeting to order at 7:30 p.m. Present were: Mayor Councilmembers Kedrowski, Petersen, Schenck, and Wuellner, City Manager Boyles, City Attorney Pace, Assistant City Manager Woodson, Planning Director Rye, Planning Coordinator Kansier, Assistant City Engineer McDermott, Public Works Supervisor / Fire Department Captain Doug Hartman and Recording Secretary Oden. PLEDGE OF ALLEGIANCE: Mayor Mader led the Pledge of Allegiance and welcomed everyone to the meeting. APPROVAL OF AGENDA: MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE THE JULY 6, 1998 CITY COUNCIL AGENDA WITH THE ADDITION OF CABLE TELEVISION. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. CONSIDER APPROVAL OF PREVIOUS MEETING MINUTES: A. June 15, 1998 Mader requested the following changes be made to the previous meeting minutes: Page 8 Item C, Approval of Ordinance 98-11 Pertaining to Certificate of Survey Requirements for Building Permits, add for decks. Page 8, 7th Bullet under comments regarding extension of Adelmann Street, should read he said he was not hearing the reason the developer was requesting assistance was the development would not happen otherwise. Page 12, Approval of Ordinance 98-11 Pertaining to Certificate of Survey Requirements for Building Permits. Add the specific ordinance amendments proposed by the Council. Page 13, 3rd bullet, regarding construction management, should specify who Mr. Bossardt is. Page 18, establishing a fee for the waiver of building permit requirement for decks, $50 fee should be a matter of record. Boyles noted the following two changes: Page 1 item 4A) second paragraph and second to the last line it should read notices sent. Page 5 second from the bottom should read "Council does have the right to determine whether or not the hardship criteria is met in order to support granting a variance. Reasonable use exists under the terms of the ordinance since the property owner may build seven units." MOTION BY SCHENCK SECOND BY WUELLNER TO APPROVE THE JUNE 15, 1998 CITY COUNCIL MEETING MINUTES AS AMENDED. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. Mader thanked the City Manager and City Staff for the exceptional job they have done in storm clean up. Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-42~5 AN EQUAL OPPORTUNITY EMPLOYER 5o Boyles noted residents may pick up wood chips at the facility on Cottonwood Avenue and Adelmann Street. June 29 was the deadline for residents to place storm damaged wood at the curb. He also commended the Parks Maintenance and Public Works Maintenance crews. Mader commended the City Manager for expeditiously imposing the No Wake restrictions when the water reached the 904 level. The City Council has asked the Lake Advisory Committee to look at the use of the lake to see if they need to make changes regarding particular regulations. CONSENT AGENDA:. Consider Approval of Invoices to Be Paid. Consider Approval of Reappointments to Planning Commission. Consider Approval of TH 13 Corridor Study with Amendments for Franklin Trail North and South Intersections. Consider Approval of Directive Status Report; January-June 1998. Mader removed item 5C. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE CONSENT AGENDA ITEMS A, B, AND D. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carded. ITEMS REMOVED FROM CONSENT AGENDA: 5c) Consider Approval of TH 13 Corridor Study with Amendments for Franklin Trail North and South Intersections Boyles said with approval of this plan the City and MnDOT can plan and prepare financing for individual TH 13 improvements. Mader commented the unfortunate situation is that two years went by from the time that the plan was first presented to the Council. MOTION BY MADER SECOND BY KEDROWSKI TO APPROVE ITEM 5C) CONSIDER APPROVAL OF TH 13 CORRIDOR STUDY WITH AMENDMENTS FOR FRANKLIN TRAIL NORTH AND SOUTH INTERSECTIONS. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 7. PRESENTATIONS: Ao Ceremonial Presentation of Keys for 1970 and 1975 Fire Pumpers to Representatives of the City of New Market. Boyles indicated that by giving equipment that is no longer useful for our fire-fighting purposes to New Market we are providing extra defenses to our residents. Mader presented the keys to Mayor Friedges of New Market. Mayor Friedges presented the City of Prior Lake with a letter thanking the City for the donation. B. Report and Recommendations from Shady Beach Trail Access Task Force. 76REVK2.DOC 2 Mader thanked the Task Force for their efforts and introduced Tom Keamey, Chair of the LAC. Tom Keamey said the committee's final recommendation is to control the access with a manual locking gate, including: *Access Open All Hours October 1 - December 15 and March 1 -April 1 *Access Open (6:00-7:00 a.m.) to (l O:O0-11:OO p. m.) December 16-February 28 and May I-September 30 * Issuepermits, with a limit of SO0. *No Parking Any Time on one side of street. PUBLIC HEARINGS: A. There were no Public Hearings. OLD BUSINESS: A. Consider Approval of CUP and Preliminary Plat for Glynwater 1st Addition. Mader thanked the residents in the Fremont area and complimented the developer, Wensmann Homes, for working with the people and trying to come to a conclusion that is going to be satisfactory to everyone. Boyles outlined the four conditions which plat approval and conditional use permit are subject to. Questions from Councilmembers: Schenck: Do we have any other hammerhead tum-arounds in Prior Lake? Kansier: Most hammerheads are found on private streets in a Planned Unit Development. There are no public streets with a hammerhead design. Schenck: Are these hammerheads automatically posted no parking? Kansier: That could be a requirement, but it is not automatic. Schenck: No Parking should be established on that hammerhead. The creek should be cleaned up by Wensmann. Kedrowski: Is the completion of Fremont Avenue improvements something staff will bring back? Boyles: Expects it would be brought back to Council as part of the Capital Improvement Program. Mader: Will there be any Fremont construction at all? Kansier: There may be some in order to connect to the sewer line. Mader: On the east side of Fremont at CSAH 82 there is a little sliver of land that was acquired by Wensmann Homes. Is that correct? Terry Wensmann of Wensmann Homes: It is a situation where maybe that homeowner had his lot staked and it showed a comer lot and it didn't go all the way to the curb so he might have been thinking that his lot didn't go all the way to the curb and it was actually boulevard. Mader: If it turned out that Wensmann owned the little sliver there, would he dedicate that to the City as right of way for Fremont Avenue? Wensmann: Yes they would dedicate it to the City. MOTION BY KEDROWSKI SECOND BY SCHENCK TO ADOPT RESOLUTION 98-81 APPROVING THE PRELIMINARY PLAT FOR GLYNWATER SUBJECT TO CONDITIONS HEREIN OUTLINED. 76R~VK2.DOC 3 Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 98-82 APPROVING THE CONDITIONAL USE PERMIT TO DEVELOP 121 UNIT TOWNHOME DEVELOPMENT TO BE KNOWN AS GLYNWATER. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. Consider Approval of and Amendment to the Zoning Ordinance Relating to Regulations for the Operation of Motorized Recreational Vehicles and Consider Approval of Ordinance 98- XJf Extending the Moratorium on the Operation of Motorized Recreational Vehicles. Boyles: The Planning Commission had a four part recommendation for the City Council Extend a modified moratorium for dirt bikes and motor cross bikes only. The staff should prepare a new ordinance for the regulation of recreational vehicle race tracks. Reject both proposed recreational vehicle ordinances. Consider development of a noise ordinance. Staff recommends extension of modified recreational vehicle moratorium 180 days, rejection of recreational vehicle ordinance, noise ordinance and incorporation of track prohibitions in new ordinance. Questions from Councilmembers: Kedrowski: Isn't there currently state statute with noise standards already in place? Pace: yes. Kedrowski: Is the only issue enforcement? Pace: That is correct. Mader: Assumed they could make ordinances more stringent than state law. Pace: No, not in this case. Schenck: Will Council have input on final recreational vehicle ordinance? Boyles: Yes, the item will come before Council. Kedrowski: Doesn't racing activities refer to a track? Kansier: That is what staff would be looking at. Comments from Councilmembers: Kedrowski: Supports staffrecommendation for not adopting the noise ordinance. Supports the recommendation by the Planning Commission which would extend modified moratorium for an additional 180 days and also the development of the ordinance on race tracks. Petersen, WueHner, Mader, Schenck: Concurred with Kedrowski. MOTION BY KEDROWSKI SECOND BY PETERSEN TO DENY ORDINANCE 98-XX AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE BY ADDING CHAPTER 5-9 AND THE PRIOR LAKE ZONING ORDINANCE 83-6 BY ADDING SECTION 10 REGULATING THE USE OF RECREATIONAL MOTOR VEHICLES AND THEN DIRECTING STAFF TO PREPARE FINDINGS OF FACT. 76REVK2.DOC 4 Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE ORDINANCE 98-13 MODIFYING AND EXTENDING THE PROPOSED MORATORIUM FOR 180 DAYS. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. C. Consider Approval of Report on Shady Beach Access. Boyles introduced the item. Staff believes these are good recommendations and after some study has made some amendments as follows: *Access open 6:00 a.m. to 10:00 p.m. daily year around *Access controlled with a manual gate December 15-February 28 by closing gate between approximately 10:00 p.m. and 6:00 a.m. *Gates open March 1-December 14. *All access users have visible permit, maximum of 500 permits, $15 each. *New sign at access. Questions from Councilmembers: Wuellner: Reason for access opening times? Boyles: Winter ice fishing hours are most disruptive. Wuellner: Did the Task Force agreed to that change? Woodson: They received a copy of that report. Bill O'Rourke, Chief of Police, who is on that Task Force, thought the committee would be amenable. Mader: Was Schenck implying No Parking on those other streets or saying No Parking With Trailers? Schenck: One side No Parking altogether, one side No Parking With Trailers. Mader: Wouldn't it be realistic to assume that the access being open shouldn't attract vehicles without trailers? Boyles: The City Engineer indicates that on both sides of the street near the access there is No Parking Anytime. Woodson: This report only addresses the location near the access. It does not address the side streets. Boyles: Staff is looking at other locations within 2500 feet of accesses to determine whether the No Parking or No Parking With Trailers signs were installed. Kedrowsld: The recommendation came down from December 15 to February 28. Yet in some years people can be driving on the lake earlier than December 15th or actually later than February 28th. Where is this date coming from? Boyles: February 28th is the date which the fish houses must be offthe ice. Tom Kearney, Lake Advisory Committee Chair: These times were given to the Task Force by the two gentlemen who live in the neighborhood. Kedrowski: Wouldn't it be prudent for a petition to be circulated through the area regarding No Parking? Boyles: In the past we have relied primarily upon petitions to establish No Parking areas 76REVK2.DOC 5 Mader: Are permits issued for the operator or vehicle? Boyles: It was intended to be in the name of the person. Petersen: Can a club come in and buy 300 of these or does the individual have to come in? Mader: It has to be in the name of the individual, so they are going to have to come in. Comments from Councilmembers: Mader: Sportsmen's Club indicated that if the City Council were to adopt, in general, the recommendations of the Task Force, they would be comfortable with that. The 2,500 feet only applies to trailers and not just parking in general. It makes sense to see the same policy used here as at other accesses. The third item in the recommendations is redundant and he would suggest that it be eliminated. With 500 permits available, they should do it on a first come first serve basis. Recommends the City use one permit fee at the present time. Wuellner: Prime example of various interested parties coming up with a joint solution. Schenck: Did not want to transfer the problem from Shady Beach Trail on to Bayview, Hidden View or Orchard or the other street. Specify 2,500 feet from the access point and apply it universally. Take committee recommendations for parking along Shady Beach and make sure it is applied appropriately. Signage is lacking on those access points as well as the enforcement. Kedrowski: Would disagree with parking restrictions because it is impacting the neighbors and restricting their parking within their neighborhood. A higher non-resident fee would be consistent with our current Parks and Recreation Policy; otherwise, supports the process as recommended by staff and would like to see this again in a year. Petersen: Would recommend alternative number Recommendations as Amended by Staff. one, Approve the Shady Beach Access Task Force MOTION BY KEDROWSKI SECOND BY PETERSEN TO ADOPT THE STAFF RECOMMENDATIONS FOR THE SHADY BEACH ACCESS. Kedrowski said he did reference the non resident fee and he wanted it added to the motion unless there is an objection. MOTION BY KEDROWSKI SECOND BY PETERSEN TO AMEND THE MOTION TO INCLUDE DIFFERENT FEES FOR RESIDENTS AND NON RESIDENTS FOR PERMITS FOR THE ACCESS. Comments from the.Public: Bruce Erickson 16313 Northwood Road, member of the Sportsmen's Club, concern is Sportsmen's Club has put in the effort to maintain the access, so the Sportsmen's Club membership card should 76REVK2.DOC 6 be sufficient to be a permit to use that access. The Club has been paying taxes on the property for a number of years. If they are paying taxes, why get taxed again to use their own access? Kedrowski said it was his understanding that through title work the City is the actual owner. Boyles said the parcel identified as the Sportsmen's Access property is not the Shady Beach Access. There has been legal research done that the easement isn't valid. If the Sportsmen's Club is paying taxes they need to have the County abate them. Upon a vote, ayes by Kedrowski, Petersen, Schenck, and Wuellner, nay by Mader, the motion carried. Mader said the motion at the present time is to accept the recommendations of the staff but deleting the third bullet in the recommendation because it is redundant, and the fourth bullet would require that the permits be issued each year on a first come first serve basis and number three that the non resident fee would be $20 ($5 more than resident fee)and number four that prior to implementation that the DNR and the Sheriff's department would be sent courtesy notification for their response. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. D. Consider Approval of Resolution 98-84 Approving Unsafe Lake Conditions Public Notification Process. MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 98-84 APPROVING THE UNSAFE LAKE CONDITIONS PUBLIC NOTIFICATION PROCESS. Boyles said the purpose was to review an organized means of notifying various agencies and members of the general public under a couple of different circumstances. One had to do with the lake actually being closed. The second would be where the City of Prior Lake sees a set of circumstances that it believes are inappropriate to keep its accesses open. Questions from Councilmembers: Kedrowski: How can the City make the determination of an unsafe lake, and how can the City regulate individual behavior on the lake? He asked Kearney to comment. Tom Kearney, Chair of the Lake Advisory Committee: Is there a Joint Powers Agreement with the DNR that that access serves as the DNR's access when they close down the ramp? Boyles: Doesn't know but he did know that during this last season that gate was shut. Kearney: The City should check to make sure they have the jurisdiction to close that access. The DNR basically states the lake is never safe and they don't ever want to say anything more than that. He said he did not know the legal issues but as far as the governing body which is the DNR they will always state that the lake is never safe. Boyles: Under the new park ordinance, he has the authority to close certain parks. He does not know if they can quantify it, but he could rely on the judgment of the Police Chief and Fire Chief and their staffs to take such action. Kedrowski: Asked the City Attorney to comment on the issue of determination. Pace: Would prefer not to give a definitive answer until she had more opportunity to look at it. By having the access open, the City is inferring that it is safe. They need to talk to some professionals about how they would make the measurements; there would be different parts of the lake that she is 76REVK2.DOC 7 assuming may or may not be safe. As part of the City Manager's determination, she can provide him with input that he can share with the Council as to what exposure the City may or may not have and what if anything the City can do to mitigate against that liability should they choose to exercise their authority to close public accesses. $chenck: If they receive notification that the lake is unsafe and elect to close City accesses, and prior to finding that situation, someone goes through the ice and is lost, does that, because this is our procedure, further increase the City's liability? Pace: That is a question she would look at. Under the Park regulations, the City has a degree of discretionary immunity for park land activity. But if the City undertakes a duty to do something, they have a responsibility not to do it negligently. Those are the kinds of things she would want to give more thought to before she gives the Council a definitive answer. Comments from Councilmembers: Kedrowski: They are opening up to a lot of issues here that are really unenforceable or unattainable. He would argue that it is probably not in the City's best interests. They certainly can go through the motions but he thinks in the end it will not represent the best interests of the citizens or the City. Wuellner: The motion is to look at it and come back with recommendations, not to act on it tonight. Mader: Had no problem with the notification process. He said he does have a problem with the fact that they were not addressing when the City will close the City accesses. His position is that he will approve the notification process tonight, but would like to see additional action as to what kind of City actions specifically can be taken other than to just be in the loop of notification. The City does have the authority to close City accesses but cannot close DNR access. Agreed with the concerns raised but still finds it to be a matter of conscience that the City would have open water out there and not have the wherewithal to make a decision. It helps to reinforce the message to say that the City access is closed because it is unsafe. With regard to the determination of whether it is safe or not safe, a judgment could be made upon that and it is better than allowing the gates to be open. If this motion is passed to refer it to the Lake Advisory Committee, one of the things the Lake Advisory Committee could look at, is posting on the bridge, notification that there is thin ice under the bridge. No one on the LAC or Council can guarantee that no one will fall into the lake. If there was a way the Council could diminish that risk in any way he would like to see to it. Schenck: Instead of City staff he would like to return this to the LAC. Closing City accesses probably will not save a life. Didn't know if that increases or decreases the City's liability in this issue. That needs to be discussed by the Lake Advisory Committee, but he really wants to make sure that all legal issues on this action are discussed before this is brought to the Council. Petersen: In the case where there was open water, there is a dangerous situation which they know about and should do something about. 76REVK2.DOC 8 If we say this is the only open water and they fall in someplace else then we have acquired some more liability. Pace: By statute, the City does not have the responsibility to identify all hazardous places on the lake. MOTION BY KEDROWSKI SECOND BY PETERSEN TO AMEND THE MOTION TO INCLUDE THE AMENDED FLOW CHART AS OUTLINED BY THE CITY MANAGER. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. MOTION BY MADER SECOND BY WUELLNER THAT THE LAKE ADVISORY COMMITTEE PREPARE A RECOMMENDATION FOR THE COUNCIL REGARDING WHEN THE CITY SHOULD CLOSE THE CITY LAKE ACCESSES WHEN THE LAKE IS UNSAFE. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. 10. NEW BUSINESS: A. Consider Approval of Resolution 98-83 Approving Preliminary Plat for Windsong on the Lake Third Addition. MOTION BY KEDROWSKI SECOND BY WUELLNER TO APPROVE RESOLUTION 98-83 APPROVING THE PRELIMINARY PLAT FOR WlNDSONG ON THE LAKE THIRD ADDITION SUBJECT TO CONDITIONS HEREIN OUTLINED. Questions from Councilmembers: Mader: Asked about the reference to front footage in the report. He said it should state each of the lots have 75 feet. Ownership and maintenance of the outlots must be discussed and resolved prior to approval of the plat. Is that preliminary or final? Kansier: Prior to approval of the final plat. The condition proposed by the Planning Commission was that the developer provide covenants stating that the outlots may only be sold to the Windsong on the Lake Homeowners Association or adjacent property owners. They felt those covenants would have to be provided before final plat approval. Mader: Does that still permit that adjacent property owner who buys that outlot to then develop it for another home site? Kansier: No, that could not be developed. There is no access and there is also some serious bluff concerns. Mader: Would it not be appropriate then under that first condition to say, "to be sold to the Windsong on the Lake Homeowner's Association or adjacent property owners and cannot be used for additional home development." Kansier: By virtue of the fact that these are outlots, they are not buildable under our subdivision ordinance. Rye: We do not issue building permits on outlots. Mader: Why don't we state that as part of the condition rather than leaving the issue come back to the Council at another day? Kedrowski: The developer would have to go through the whole process. Under City ordinance, it is not even a discussion point. Isn't this a P.U.D.? 76REVK2.DOC 9 Kansier: This portion isn't. That is the ultimate goal, to add it to the P.U.D. Kedrowski: As part of the P.U.D., they would have to go through the entire process, so if you read our entire ordinance, this is a redundant point, and it would simply be adding more verbiage that we don't need. Mader: On item 2, "the encroachment on outlots a, b, and c, must be addressed, these structures should be removed or their use addressed". Was not sure what "their use addressed" meant. Kansier: Explained the developers indicated they intend to remove the structures. Mader: Why don't we just leave it at that rather than use "their use addressed"? Kansier: They could certainly do that. Pace: It is two separate things. One is removing them, which means you are not going to have cross access. The other is the developer could come forward with a proposal as to how the structure would be used. If you add the condition that it is all subject to final plat approval you get to review the proposal at that time. Mader: If the developer has clearly stated that he is going to remove why don't we just accept that language. He proposed the amendment "or their use addressed" be deleted. Ralph Heuschele, Manager of H & H land development, and representative of the developer: With respect to the addition to the covenant that has been proposed he does not see a problem with that and he has already issued directions to have both the building and the stairway removed. They will be back on the 20th of July if everything gets approved properly for final plat approval. Mader: He is hearing Councilmember Kedrowski say it is part of the P.U.D. and Planning Coordinator Kansier say no it isn't but it may become. Which is it? Kansier: It is not part of the P.U.D. The ultimate goal is to include it within the Planned Unit Development. The covenants were intended to make sure that the lots couldn't be sold to someone who wasn't adjacent or the Homeowners Association, for the very reason you state, so they couldn't come back and want to build on it or provide access. Boyles: Asked Planning Director Rye or Planning Coordinator Kansier whether they could revise condition one to place a period after the word "Association" and then say "in the alternative, an adjacent property owner may acquire an outlot for consolidation with their parcel and not for development purposes." Would that add clarity for the record? Rye: They can certainly add language to the condition addressing the point that the Mayor raises. Mader: If they are going to approve it on the presumption that they will not be developed why don't we state that clearly and then put that issue to bed? Pace: They can do that. If that is the intent, simply add a sentence, "further the covenants must provide that the outlots may not later be developed." MOTION BY MADER TO AMEND THE MOTION WITH THE LANGUAGE THAT THE CITY ATTORNEY HAS JUST OFFERED. Pace said you also want to clarify from the conditions of the resolution for the preliminary that they be added prior to final plat approval. So at the end of condition one and two in the resolution, she would suggest that the phrase "prior to final plat approval". 76REVK2.DOC 10 76REVK2.DOC SUBSTITUTE MOTION BY MADER SECOND BY PETERSEN TO AMEND THE MOTION TO ADD TO THE RESOLUTION WITH "FURTHER THE COVENANTS MUST PROVIDE THAT THE OUTLOTS MAY NOT LATER BE DEVELOPED" AND "PRIOR TO FINAL PLAT APPROVAL" AFTER THE CONDITIONS IN THE RESOLUTION. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carded. Mader said he would reiterate that motion that they delete the word, "or their use addressed." MOTION BY MADER SECOND BY SCHENCK TO DELETE THE WORDS "OR THEIR USE ADDRESSED". Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. Mader called the question on the original motion to approve the preliminary plat subject to the changes discussed and approved. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carded. B. Consider Approval of Lease Extension at Priordale Mall. MOTION BY KEDROWSKI SECOND BY SCHENCK TO DIRECT STAFF TO ENTER INTO A CONTRACT WITH PRIORDALE MALL FOR A ONE YEAR LEASE EXTENSION ON THE DANCE STUDIO. Boyles said the bottom line is that $11.50 is the square foot cost 2,694 square feet for a year's period of time. Mader said these are not part of the motion are they? Boyles said part of the approval is to direct staff to enter into a contract, and this was proposed by the developer as the addendum to the existing contract. Mader said we understand the changes you are talking about but we don't need to reference it as part of the motion. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. C. Consider Approval of Request for Proposal Construction Management for Library/Resource Center Construction Project. City Manager Boyles said at the June 15, 1998, meeting, the Council heard a report from Mr. John Bossardt of Bossardt Construction. As a result, the City Council directed the staff to prepare a set of requests for proposal which they have done and are attached to the agenda report. The report raises several questions. If the City uses a construction manager on the Library/Resource center project, how can it assure the fees will not escalate because of charges for their services? What staff has tried to do in the RFP to deal with that issue is to say that the construction manager interested in proposing this project must provide us with all of his fees. The second question is, can the City still realize a cost savings by using a construction manager rather than a general contractor to construct the project? To absolutely answer this question is impossible. We do know that the construction project presently underway is now to the point of 11 preparing plans and specifications. That is in essence the third step in the construction process. There is the initial concept phase, design/development phase and plan and specifications phase. We are now to the plan and specifications phase, and in fact, expect those documents to be done in two to four weeks. The bottom line is much of the value engineering would take place in those early phases. Now it still can take place in the plan and specifications phase, but it is a little more limited at this point than had it started earlier. There is the issue of sales tax, and that was an important piece of information at the June 15th meeting. We have had the opportunity now to talk to members of the Minnesota Department of Revenue on that subject. Whether we use a construction manager or whether we use a general contractor we can achieve these savings. There is a trade-off here with the sales tax savings, and we don't expect that the savings is going to be $65,000. Perhaps $10,000, I can't answer that definitively. The construction manager process simply because it's an RFP process, can be time consuming. We could probably, really trying to fast-track the process, reduce the process to two months rather than three. Will the City save money with a Construction Manager rather than General Contractor? Again it is difficult to say because we simply cannot mn these two processes parallel and we are not aware of anyone who has. Questions from Councilmembers: Petersen: Why are we 4-5 months behind in using this process versus a general contractor? Boyles: The request for proposal process and the steps involved. Petersen: So going with a general contractor we don't get into that? Boyles: That way you don't have to worry about that process. Then the second part of the process here involves getting the Construction Manager up to speed with the entire project. Petersen: Are we settled on a General Contractor if we use that direction? You don't have to get him up to speed, is that what you are saying? Boyles: A General Contractor will get up to speed during the bidding phase of the process. Mader: It sounds like we are saying that from today until the time that we would have the project proceeding it would take five months, and that's a 5 month delay. And the implication seems to be that it takes zero time to write the bid documents and receive the bids and all that sort of thing for a General Manager. Was he misunderstanding something? Boyles: The plans and specifications in accordance with the Council's approval on June 1st are underway. The Library Committee has been working hard on this with the architect since you first approved the formation of the Library Committee. They are scheduled to be completed within 2-4 weeks. And therefore the bidding could take place under the General Contractor route soon. We could receive the City Council's approval to do that within 2-4 weeks. Mader: Since we haven't even gone out for bids, would they not be able to enter into a contract with a General Project Manager for at least some time? Pace: Once the Construction Manager is in place, then he has to divide the Plans and Specifications into how he organizes it in terms of bidding documents. Mader: But the General Contractor will have to do that sort of thing. He is not going to begin his process of writing requests for bids and negotiating with subcontractors. Wuellner: Yes he does. Pace: What is bid is the plans and specs provided by the architect. Then it is his responsibility to get quotes. Because we are bidding it and he is responding to the bid. Our contract is with the lowest responsible bidder. 76REVK2.DOC 12 Wuellner: All that means is they are not primed. He has to take bids from subcontractors and roll it into his General Contract bid. It all happens concurrently. Pace: He doesn't necessarily have to take bids. He could get quotes. However he gets the dollar figure. In the Construction Manager phase, he still has to get it, but in each of these electrical, contract, etc., we are going to bid that portion of the work. Wuellner: As he understands it the City could only enjoy the sales tax savings if they contracted individually to subcontractors for labor only and procured our own materials. Is that understanding correct? Boyles: The specifications are broken down, whether they use a Construction Manager or a General Contractor, we have to identify those major items where materials are being required. And materials are those items subject to sales tax. We can take advantage of that sales tax exemption if we break apart those contracts in that fashion, whether we use a Construction Manager or a General Contractor. Comments from Councilmembers: Mader: Finds it very difficult to believe that with a Construction Manager under contract, it will take five months longer than if we work with a General Contractor who is not yet on contract and hasn't even been asked to bid. Every opportunity has been taken to kill the possibility of looking at this objectively. It was suggested one of the reasons it won't work was because of the AIA contract. When the architect was selected, it was on the basis that all the services would be included, such as project inspection, on-site inspection, etc. Once the contractor or architect was selected, it took weeks because the proposal that they came in with was the AIA standard format. It should be noted that we had an architect who, prior to the City even entering into a contract, was billing the City for services with absolutely no authorization and no contract. WueHner: Library/Building committee has expressed a great deal of concern, because they have already gone through their budgeting process for this next fiscal year, 1999. If the process is delayed by going to a Construction Manager it will lag construction until winter. He wasn't real comfortable going with a Construction Manager because he knows what the term "value engineering" implies in construction. The people of Prior Lake expect us to build them a library. It has been a year and a half; he suggests we move on. Schenck: Will not support a Construction Manager. Perhaps if a Construction Manager was brought on in the very beginning, it may have worked. But he will not support a Construction Manager in this instance. Kedrowski: Did not support the Construction Manager/RFP proposal last time and will not support it tonight. Unsatisfied with the answers in terms of liability issues the Construction Manager offered last time. Was not satisfied the Construction Manager could document or justify any of his cost savings to us. MOTION BY KEDROWSKI SECOND BY WUELLNER THAT THE CITY TAKE NO ACTION ON THE RFP PROCESS AND AUTHORIZE THE PLANS AND SPECIFICATIONS WITH THE 76REVK2.DOC 1 3 ANTICIPATION THAT STAFF WILL SEEK AUTHORIZATION FROM THE COUNCIL TO BID THE PROJECT BY THE FIRST MEETING IN AUGUST. Mayor Mader called the question. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. D) Cable TV Kedrowski said he would like to bring the issue to the table and recommend that the Council form a subcommittee of the City Council along with staff and enter into re-negotiating or changing providers if we don't re-negotiate our agreement with Triax Cable and bring our cable system into the 21st century. He thinks that from what staff has written in the Update recently, Triax is receptive to re-negotiating, and personal accountability measures within that contract, i.e., either a cable commission or somebody on staff, some way to get that feedback back and forth. MOTION BY KEDROWSKI SECOND BY WUELLNER TO CREATE A SUBCOMMITTEE OF ONE OR TWO COUNCILMEMBERS AND STAFF TO ENTER INTO NEGOTIATIONS WITH TRIAX CABLE TO RE-NEGOTIATE OUR AGREEMENT AND/OR COME BACK WITH A RECOMMENDATION TO COUNCIL TO GO ELSEWHERE AND THAT THIS BE AN OPEN- ENDED COMMITTEE TO LOOK AT ALL CABLE ISSUES SUCH AS A SOURCE FOR COMPLAINTS. Questions from Councilmembers: Schenck: Do we have to then force the sale by Triax to somebody else? Kedrowski: That is a subcommittee issue. Comments from Councilmembers: Mader: There are three or four points that are very important. One is the fact that the Council would have a subcommittee with the staff. Secondly, a committee be empowered to negotiate with Triax and consider going elsewhere as an alternative. And-thirdly to address longer term issues on continuing service in the future. Addressed a letter to Mr. Busch who is President of Triax, expressing displeasure with the system on behalf of our residents. Will support motion because he thinks the performance we have had speaks for itself. WueHner: Was equally as frustrated and has had many complaints. Other communities are having similar frustrations with the same company. Woodson said he checked with a resident and the quality of tonight's production has not yet changed from past production as indicated by Triax. It is on but it is still the same low quality production. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. Councilmember Kedrowski said Mayor Mader should appoint the committee. 76REVK2.DOC 14 11. Mader said he would do that later in discussion with the City Manager. He said he would advise him accordingly and make the rest of the Council aware of it. OTltER BUSINESS/COUNCILMEMBER REPORTS: Mader received a letter regarding the need for the City to appoint the Emergency Management Deputy Director of the City. By default if there is nobody appointed, it is him. He has made it clear to the City Manager that he would rather not be in that role. Boyles said they would bring that back at a subsequent meeting. Mader said he would like to address the issue of the minutes. Some items are being presented out of context to the point where the information is misleading. He would like a more brief set of minutes and a more accurate set of minutes. MOTION BY MADER SECOND BY WUELLNER THAT A SUBCOMMITTEE OF HIMSELF, THE CITY MANAGER AND THE CITY ATTORNEY ADDRESS THE MINUTES AND SEE IF THEY CAN COME LIP WITH A PROPOSAL TO SIMPLIFY THE PROCESS AND CONDENSE IT. Comments from Councilmembers: Wuellner: Would recommend looking at the Planning Commission minutes. The motion was just to take a look at the issue and try and achieve some type of improvement and there is nothing wrong with that. Kedrowski: Had a five hour meeting last time and twenty pages from a five hour meeting doesn't seem inappropriate. Is not opposed to looking at it. We could get it down to motions, but that doesn't establish a record and he doesn't know how effective Council can be in cutting it down much further. Mader: Any information that is factual information or presented as factual should be included because that supports the findings. The City Attorney will discipline us in this discussion to make sure that we are complete. Upon a vote, ayes by Mader, Kedrowski, Petersen, Schenck, and Wuellner, the motion carried. Wuellner asked about a Council directive from May for the LAC to look at various lake issues. Boyles said Council has received some correspondence that he has tried to pass through to them on some of the issues like the 902.5. He thinks its fully appropriate to have a deadline for this. Wuellner said we have already entered the second crisis situation of the year with respect to lake levels and he would like to come up with a solution. Kedrowski said since he is the liaison he could give a little bit of input. They meet once a month. They have already started to contact and work with people. But realistically there is July and August. It will probably be fall before a final recommendation. 76REVK2.DOC 15 12. Woodson said Council Directive 98-49 says "research surface water ordinance provisions, speed limits, no wake level, lake level issues" has a goal for completion of September 21, 1998. That is their targeted date. Petersen said the DNR will check out written complaints. They made some comments that there probably should be a lakeshore education packet Another thing is there should be something on a permit for any landscaping that is done below the 904. Kedrowski said he thinks that is the direction they will try to stress when they come back with a recommendation, is educating the individuals along there and trying to regulate the water more, you are going to hear back from them to educate more. Wuellner said he understands that and he understands that landscaping is a big component of it. But there is an awful lot of the lake that God landscaped that is gone now or being horribly eroded. Kedrowski said this lake is longer than a ten and twenty year cycle. The timeline is a lot greater than we can ever envision in terms of our time here on the lake. Petersen said he would like to see the Watershed build some dams and set it at a certain level, and then it automatically goes. If we just had a level, and a cement dam, like 902.5 it runs over, and that it be wide enough to get a full load in the pipe right away, that would help some. Wuellner said given the fact that they only have an 18 inch margin of error, they need some way to better control the lake when we are at a critical situation. ADJOURNMENT: MOTION BY SCHENCK SECOND BY KEDROWSKI TO ADJOURN THE MEETING. s ~ Mader, Kedrowski, Upon a vote, aye Petersen, Schenck, and Wuellner, the motion carried. ~: .~~~ 10:31 p.m. ~ && ~~ Rec°/rding Secretary- 76REVK2.DOC 1 6